By Bruce Jervis
Construction projects typically involve numerous participants, each with its own role. When there is a claim or dispute, it is not necessarily limited to two of those parties. The performance of many parties may be called into question. In order to arrive at a resolution which is fair, consistent and comprehensive, it is crucial to get all parties into a single forum. This is not always easy to accomplish.
Different contract documents contain different dispute resolution procedures. The struggle to get all involved parties together under the same roof can produce some strange results. The Adviser reported recently on two subcontractors that were compelled to submit their dispute to arbitration even though there was no contract – and no arbitration agreement – between the two. Now there is another strange case, this one involving internal inconsistencies in a subcontract. ... Read more.
By Steve Rizer
There are four key ways to mitigate risks that may arise in green building projects, Christopher Nutter, an associate director in Navigant Consulting Inc.’s Global Construction Practice, told a group of construction professionals attending a WPL Publishing webinar, entitled “Emerging Risk in Green Design and Construction,” earlier this month. The strategies “really are the same types of risk-mitigation techniques that would be used for any design or construction project.” ... Read more.
By Steve Rizer
There is good news and bad news to report for construction professionals who favor legislation promoting design-build project delivery, with several key developments recently taking place at both the state and federal levels.
On the plus side for design-build advocates, Connecticut Gov. Dannel Malloy (D) last week signed into law a bill (S.B. 33) authorizing the state’s Department of Transportation to use design-build as an alternative to the customary design-bid-build process. Adoption of the measure is expected to help improve Connecticut’s ability to secure any new federal funding that may become available. Only three states – Iowa, Nebraska, and Oklahoma – remain without any design-build procurement authority for transportation projects. ... Read more.