VOLUME 1   ISSUE 31   DECEMBER 07, 2012


By Bruce Jervis


A construction schedule, however stated, is usually detailed and specific. When properly updated and maintained, the schedule is a powerful tool for project control and administration. It can also be used to support claims for delay and disruption. Consequently, some project owners and contractors eschew precision and specificity in favor of flexibility and discretion. They elect to schedule the work “as directed.”


These clauses are common in subcontracts. Prime contract schedules are frequently altered by the project owner or other factors beyond the contractor’s control. A contractor may want flexibility in scheduling subcontracted work. This flexibility can lead to some surprising results. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Subcontractor Required to Cooperate with Schedule Revision
  • Contractor’s Lost Profit Must Be Re-Calculated
  • Project Labor Agreement Prohibition Enjoined


By Steve Rizer


Will the newly updated ConsensusDocs 752 Federal Subcontract Agreement make it significantly easier for general contractors and subcontractors to perform federal work? David Mendes, a spokesperson for the American Subcontractors Association (ASA), believes so.


“One of the most important challenges that subcontractors face on federal projects is compliance with the Federal Acquisition Regulations [FAR] and agency-specific supplements to the FAR,” Mendes told ConstructionPro Week (CPW). “In addition to substantive updates to contract language, the revised ConsensusDocs 752 contains an extremely valuable reference table that clearly explains the subcontract’s citations to the FAR that indeed will make it easier for subcontractors to understand and manage their obligations and perform their work according to the federal government’s and their general contractors’ exacting requirements.” ... Read more.


By Steve Rizer


A contractor should not prepare a bid without also having prepared a schedule, Christopher Carson, Alpha Corp.’s corporate director of project controls, told a group of construction professionals attending a webinar that WPL Publishing held last week. “So, [there should be] some type of a bid schedule” to qualify for an award. Here are some of the other scheduling requirements he recommended to a target audience of contracting officers, public and private owners, owners’ representatives, construction managers, contractors, subcontractors, and designers involved in contract administration: ... Read more.


By Steve Rizer


December 2012 Download Library Addition
As new webinar recordings are made available to the ConstructionPro Network free member Download Library on a monthly basis, ConstructionPro Week will provide a brief summary of each event for the benefit of its readership. Here is the summary for the December 2012 addition:


It would be wrong to assume that a large number of change orders translates into a successful cumulative impact claim, an expert in construction management advised professionals attending a WPL Publishing webinar, a recording of which recently was added to the ConstructionPro Network (ConstructionProNet.com) Download Library -- free of charge for members.


“Cumulative impact is oftentimes associated with lots and lots of changes on a project -- lots of change orders that have already been accepted or lots and lots of changes that the plaintiff thinks will eventually be attested to as legal change orders,” William Ibbs, group leader of the construction management program in the University of California at Berkeley’s Department of Civil and Environmental Engineering, told webinar attendees. "But just because you have lots of change orders doesn’t mean that you are necessarily eligible for a cumulative impact claim. A cumulative impact claim would be over and above the change orders that have already been paid for.” ... Read more.





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