By Bruce Jervis
A so-called “Type 1” differing site condition exists when the actual conditions in the field differ materially from the representations in the contract. This is easy to state but frequently difficult to apply. What conditions are represented in the contract? Is the contractor’s interpretation of that information reasonable? And what if contract site data are accompanied by limiting or exculpatory language?
All of these issues came into play in a recent case involving subsurface soil conditions. One test boring log indicated that soft clay turned to hard shale at 31.5 feet. The next boring log indicated shale at 12 feet. A note cautioned that soil conditions between boring locations might differ significantly from those encountered at the boring locations. ... Read more.
Featured in This Week’s Construction Claims Advisor:
- Site Condition Claim Denied Due to Unreasonable Conclusions and Assumptions
- Liquidated Damages Enforceable – Reasoning Varies
- Builder Denied Payment Due to Brief License Suspension
By Steve Rizer
Do lighting-quality requirements that are intended to bolster occupant satisfaction belong in a green building standard? Officials representing the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) believe so, proposing to add such requirements to Standard 189.1, Standard for the Design of High-Performance, Green Buildings Except Low-Rise Residential Buildings, through Addendum M.
The proposal would require that the occupants of certain space types be given some level of control over the light levels in that space. Also, in Section 22.214.171.124.1, the association seeks to ensure that certain media, such as whiteboards, are more likely to be “properly illuminated” by requiring separate lighting and lighting control for these surfaces, independent from the general lighting and control in the space. ... Read more.
By Steve Rizer
Ten proposed addenda to Standard 189.1, Standard for the Design of High-Performance, Green Buildings Except Low-Rise Residential Buildings, are undergoing public review until Oct. 14, when the public comment period for the recommended changes closes. Proposing the addenda are the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), U.S. Green Building Council, and the Illuminating Engineering Society (IES).
Among the suggested changes is proposed Addendum M, which would add lighting-quality requirements to the scope of the Indoor Environmental Quality section of the standard. This particular addendum addresses a subset of the lighting-quality issues with the expectation that future addenda will be developed to address remaining issues. Subsections 126.96.36.199 and 188.8.131.52 would require that the occupants of certain space types be given some level of control over the light levels in that space. ... Read more.
By Treighton Mauldin
Our industry is in the middle of an arms race, at least for those contractors for which the majority of their work comes from negotiated contracts. It seems that when it comes to proposals, contractors are pushing hard to show that they are on the cutting edge of technology and that they know how to use it better than anyone else. Well, I hate to be the one to break it to you, but the technology that is out there is being used by many of the contractors, and more are becoming proficient each day. ... Read more.
By Steve Rizer
An owner faced with choosing a delivery method for a construction project should consider eight key factors when making the choice, according to a guide that the Construction Management Association of America (CMAA) recently published. Such factors listed in An Owner’s Guide to Project Delivery Methods include project size, type of project, legislative and regulatory requirements, tolerance for risk, schedule, local market knowledge, desired level of involvement, and owner resources and capabilities.
“When these factors are properly evaluated, a good decision can be made on the selection of a project delivery method that best fits the goals and requirements of the owner and the project,” the guide states. “The use of a qualified construction manager can greatly help in developing a project and in making the decision on project delivery methods, regardless of whether this expertise comes from internal staff or from a third-party provider.” ... Read more.