VOLUME 2   ISSUE 5   FEBRUARY 01, 2013


By Bruce Jervis


Arbitration offers some advantages over litigation. Arbitration is generally more expeditious, with the discovery of factual information less protracted. The fact finder, selected by the parties, will usually be familiar with construction contracting and methodology. The resolution of the dispute will be confidential.


Arbitration also presents some cost challenges. The arbitrator or arbitrators, unlike publicly paid judges, must be paid directly by the parties. And the filing fees, frequently tied to the amount in controversy, can be many times higher than a filing fee in court. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Contractor’s Refusal to Pay Arbitrator Extinguishes Payment Claim against Owner
  • Grant of Extension Did Not Prove Excusable Delay
  • Alabama High Court Grapples with Price Adjustment Clause


By Steve Rizer


It is important to be “very, very careful” when choosing a forensic scheduling methodology because once the choice is made, there may be no going back, James Zack, executive director of the Navigant Construction Forum, advised professionals attending a webinar that WPL Publishing held last month. “The choice that the forensic scheduling analyst makes at the outset may be an irrevocable choice.” During the webinar, entitled “Schedule Delay Analysis: Choosing a Method,” he addressed a target audience of contractors, subcontractors, consultants, architects, engineers, construction managers, and public and private owners. ... Read more.


By Steve Rizer


Will a new-and-improved ICC (International Code Council) National Green Building Standard (NGBS, or ICC 700), which recently received American National Standards Institute (ANSI) approval and contains greener features than what was included in the original version, gain significantly more appeal among policymakers across the United States?


Since NGBS was first published in 2009, the standard has proven influential across the housing industry through voluntary initiatives, according to the National Association of Home Builders (NAHB), which partnered with ICC in 2007 to establish a “nationally recognizable standard definition of green building.” However, code adoption through local and state policymakers apparently has been a different story. ... Read more.





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