By Bruce Jervis
Construction contracts frequently specify procedures and deadlines for submitting claims. A contractor’s failure to comply bars any right to a remedy under the contract. An example from a recent case called for written notice to the project engineer within 30 days of the occurrence giving rise to the claim, quantification of the claim and supporting documentation within 60 days of the occurrence, and written notice of appeal of the engineer’s decision within 60 days of substantial completion of the project.
The contractor in this case failed to file a timely notice of appeal. It lost the right to go to court seeking remission of more than $200,000 in liquidated damages the contractor alleged had been wrongfully withheld by the project owner. And the owner never even contended it had been unaware of the claim or had suffered any prejudice as a result of the late notice of appeal. ... Read more.
Featured in This Week’s Construction Claims Advisor:
- No-Damage-for-Delay Clause Enforced – Exceptions Didn’t Apply
- Recovery of Contract Balance Barred by Claim Procedure Violation
- Surety Not Bound by Settlement Arbitration
By Steve Rizer
The first private, completely self-powered building in New York City will open this month, according to Darien, Conn.-based Soluxe Solar. The $700,000 Delta building will combine solar and wind energy to generate its own heat, electricity, and water, meeting all of its energy needs. The structure is expected to serve as a showcase for green building technologies and an ongoing educational resource for schools and tour groups. ... Read more.
By Treighton Mauldin
We all know how it is during proposal time: late nights, bad food, stressed out of your mind, and to top it all off, what you thought would take only one day for you to do is now taking five because what you received from someone else was not exactly how you needed it. Thus, to maximize everyone’s time and productivity, it is imperative to establish a set of standards and practices for implementing 4D (scheduling) on project proposals. ... Read more.
By Steve Rizer
There are several basic rules to follow when conducting a schedule analysis for a construction project, Trauner Consulting Services Inc. Principal Scott Lowe told a group of professionals attending an Aug. 23 webinar, entitled “Comprehensive Approach to Project Delay Analysis.” Lowe addressed a target audience of contractors, subcontractors, public and private owners, construction managers, owner representatives, architects, and other design professionals who provide project oversight services. ... Read more.