By Bruce Jervis
Courts strive to limit the effect of delay damage disclaimers, or for that matter any exculpatory language, particularly when the contract was prepared by the party seeking to enforce the disclaimer. There was a recent example in California involving a supplier of shoring equipment.
The supplier’s pre-printed contract form contained a limitation of warranty on the “equipment provided” by the supplier. That limitation included a disclaimer of liability for liquidated damages or any other damages caused by delay; a so-called no-damage-for-delay clause. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Supplier’s Documents Did Not Adequately Disclaim Delay Damages
- Contractor Suffers for Failing to Attend Conference or Inspect Site
- Contractor’s License Could Be Reinstated after Bid Opening
By Steve Rizer
A working version of the “National Performance Based Design Guide” could be released this year, National Institute of Building Sciences (NIBS) Program Director Roger Grant told ConstructionPro Week following two High Performance Building Council (HPBC) meetings that took place last week at the Building Innovation 2013 Conference in Washington, D.C. HPBC is developing the guide, which he believes will help facility owners and planners “identify a full range of performance for all primary building functions and systems from baseline to the highest attainable level of performance.”
Grant noted that “there is no standardized and multi-attribute based methodology for identifying and advancing performance above baseline (code minimum) [that is] available to facility owners and designers. Buildings need to perform across the full spectrum of requirements to be cost effective and meet the needs of occupants.” ... Read more.
By Steve Rizer
“We need to do a lot of work to coordinate the academic community to focus on key aspects of BIM [building information modeling] for all practitioners -- current and future,” buildingSMART alliance Executive Director Dana Smith told ConstructionPro Week upon closure of the National Institute of Building Science’s inaugural Building Innovation Conference last week in Washington, D.C.
This was one of several takeaways from the conference that Smith shared during the interview, which also focused on Version 3 of the National BIM Standard -- United States (NBIMS-US), the Construction Operations Building Information Exchange, and other areas. As for what other steps he believes need to be taken to advance BIM, here is what he recommended: