VOLUME 2   ISSUE 9   MARCH 01, 2013


By Bruce Jervis


The document-intense nature of construction contracting places a burden on busy personnel. Page after page of material accompanies every transaction. And most projects necessitate multiple transactions.


Attention is naturally drawn to the heart of the deal: price, scope of work and schedule. Much of the rest may seem like “just boilerplate.” Adding to the complacency is the repetition of the language. Few industries use as many “standard” contract documents. But are they really standard? All documents are subject to modification. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Contractor Failed to Read Supplier’s Entire Proposal
  • Subcontract Pay-When-Paid Clause Enforced in California
  • Lower-Tier Subcontractor Loses Novel Miller Act Argument


By Steve Rizer


Just how difficult is it to gauge the long-term cost effectiveness of green buildings? It may be extremely difficult, at least for the U.S. Department of Defense (DoD), which asked the National Research Council (NRC) for some objective advice on this matter in preparation for a report to Congress. After an extensive search of relevant literature, here is what an NRC ad hoc committee told DoD for the department’s report on energy efficiency and sustainability standards for military construction and major renovations of buildings:


By Steve Rizer


Although most integrated project delivery (IPD) projects thus far have used traditional insurance products, “we are now starting to see integrated policies being developed,” Howard Ashcraft, a partner with Hanson Bridgett LLP, told a group of professionals attending a webinar that WPL Publishing held last month.


“A few projects have used multi-user integrated programs, which have professional liability if they cover, for instance, all parties, and there are now about 4-5 carriers out there that actually have integrated policies,” Ashcraft said. “They vary considerably [regarding] their terms. They come from different approaches. One of them is built off of a contractor-style policy. One of them is built off of a designer-style policy. One is an entirely new product, so, sad to say, this is one of those places where you have to read the fine print.” ... Read more.





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