VOLUME 1   ISSUE 27   NOVEMBER 05, 2012


By Bruce Jervis


A contractor claiming entitlement to construction costs will of course be asked to prove those costs. But does proof require hard documentation of each and every actual expenditure? That was the question recently posed to a court in Utah. The answer was in the negative.


The case involved a cost-plus contract. The contractor was entitled to a fee of 10 percent of total costs, including direct expenditures by the project owner. The court allowed the contractor to use estimates and industry averages to prove total costs. The contractor was not required to support each alleged expenditure with an invoice or other payment documentation. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Job Costs Can Be Based on Estimates and Averages
  • Delay Claim Barred by Failure to Give Timely Notice
  • Defective Workmanship Not Covered by Insurance


By Steve Rizer


Just how much weight does an order-of-precedence clause carry in a construction contract? Can such a clause be circumvented? Jonathan Dunn, Construction Practices group lead partner in Sedgwick LLP’s Orange County, Calif., office, addressed this topic and a slew of others during “To Kill a Project: Contractor Strategies for Dealing with Defective Plans and Specs,” a webinar that WPL Publishing hosted late last month for a target audience of contractors, public and private owners, construction managers, subcontractors, architects, engineers, and others.


“Sometimes you will get what I call ‘cleverly drafted contracts,’ where [an attempt will be made] to one-up the order-of-precedence clause, and [the language] will say something like, ‘Notwithstanding the order-of-precedence clause or any conflict, the contractor should bid and provide the most stringent means and methods, and the most costly and highest-quality product specified or called for in the plans and drawings,’” Dunn said. ... Read more.


By Steve Rizer


At least one research firm is expecting a huge boom in the worldwide market for green roofs and walls over the next five years. Last month, Lux Research predicted that the market will reach approximately $7.7 billion in 2017 with green walls accounting for the lion’s share of that amount. And what does Lux foresee propelling the increase? Click here to find out.


By Treighton Mauldin


Everyone knows that one of the best ways to prepare for a big installation activity, such as building out a room that repeats 100 times or a curtain wall, is to do a mock up. But doing this can cause a major inconvenience in time, cost, or space. With advances in construction software and technology, options for virtual mock ups in 4D environments are emerging, reducing a reliance on traditional working models. ... Read more.





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