VOLUME 1   ISSUE 23   OCTOBER 08, 2012


By Bruce Jervis


It’s an old sports cliché: the best defense is a good offense. In claims litigation, this strategy has been in evidence for years. For instance, if a design professional brings a collection action for a fee it is allegedly owed, the automatic response will be a counterclaim for breach of contract and professional malpractice. A recent case, however, illustrated a pitfall to this aggressive response.


The engineering services agreement said that in the event of a dispute, the losing party would pay the winning party’s attorney fees. The project owner, unhappy with the design prepared by the engineer, refused to pay the fee. The engineer sued to collect approximately $50,000 in compensation. The project owner counterclaimed for malpractice, alleging $1.5 million in damages. ... Read more.


Featured in this Week’s Construction Claims Advisor

  • Owner’s Response to Engineer’s Fee Claim Costs Dearly
  • Standby Costs Denied in Termination for Convenience
  • Notice Requirements Could Not Exceed Payment Bond Statute


By Steve Rizer


Should a Critical Path Method (CPM) schedule be required in the following situation: a contract specification requires a schedule that depicts the orderly development of optimized, time-phased, logically related plans for project execution; the result of these processes being a graphic depiction or listing, or both, of planned project events, their expected start dates, duration, and relationships to other planned project events? In a webinar that WPL Publishing held Oct. 3, Arcadis U.S. Inc.’s John Livengood and Patrick Kelly provided answers to this and 13 other common questions relating to the legal implications of construction schedules. For their answer to the question above, click here.


By Steve Rizer


Can the new nationwide version of the Earth Advantage Commercial (EAC) green building certification program carve out a significant niche in a marketplace dominated by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) system? Time will tell, but a spokesperson for the nonprofit Earth Advantage Institute (EAI), which launched EAC Version 2.0 last month, informed ConstructionPro Week (CPW) that the program “is seeing initial uptake in the Pacific Northwest and West Coast, with interest coming from the East Coast and Midwest already, as well.” ... Read more.





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