VOLUME 1   ISSUE 11   JULY 16, 2012


By Bruce Jervis


Limitation of liability clauses have gained wide use in professional service agreements, particularly among design professionals and construction managers. These clauses state that the consultant’s total potential liability to the client is limited to the greater of a stipulated amount, frequently $50,000 or the fee that was paid by the client.


The rationale for these clauses is that the liability exposure created by involvement in a construction project is disproportionate to the limited role of the consultant and the compensation it receives. Some contractual allocation of risk is in order. ... Read more


Featured in this week’s Construction Claims Advisor:

  • Engineer’s Limitation of Liability Clause Enforced
  • Conditional Proposal Rejected Without Negotiation
  • Contractor Not Excluded from Work by Affirmative Action Program


By Steve Rizer


When deciding which facilities to include in a large-campus/multi-building retro-commissioning project, it is important to identify heating, ventilation, and air-conditioning (HVAC) systems that are scheduled for replacement within the next five years, Christian Marsh-Frydenlund, a project manager for Eaton Corp.’s Energy Solutions Group, told a group of construction professionals attending a recent WPL Publishing webinar. “[Such systems] are not ideal candidates for retro-commissioning because retro-commissioning is focused on persistence of energy savings, so if you’re implementing an energy strategy for equipment that will be replaced, you’re going to minimize the long-term value of the retro-commissioning project.” ... Read more.


By Steve Rizer


Roughly two in five construction professionals responding to WPL Publishing’s newest survey indicated that they are unaware of the existence of industry building information modeling (BIM) standard form documents such as the AIA (American Institute of Architects) E202-2008 BIM Protocol Exhibit and ConsensusDOCS 301 BIM Addendum. More than 130 architects, engineers, construction managers, contractors, consultants, and other professionals within the construction community participated in the four-day survey, which concluded July 13.


While 40.4 percent of respondents reported that they are “unaware of any existing BIM standard form documents,” an additional 11.0 percent of survey participants disclosed that even though they are aware of at least one such document, they are unaware of specific contents. Less than half of the respondents (48.5 percent) stated that they have at least a limited understanding of the contents of one or more BIM standard form documents. Click here to see more survey results.


By Treighton Mauldin


We are at a turning point in the architecture, engineering, and construction industry -- a technological revolution -- and it can become quite overwhelming once the salesmen grab hold of something that they will be making 30 percent commission on per sale. These salesmen are not bad guys, and we all have families to feed, but I have seen, time and time again, many people get burned out and frustrated when it comes to this new technology of 4D (scheduling) and 5D (estimating) modeling because of a few simple misconceptions. Fortunately, I can demystify the following misconceptions for you:





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