VOLUME 2   ISSUE 11   MARCH 15, 2013


By Bruce Jervis


Project owners are drawn to the design-build method of construction procurement for good reasons. A single source of design and construction allows fast-tracking of projects -- commencement of early phases of construction before design details have been completed for later phases. A compressed construction schedule reduces administrative and financing costs.


Owners perceive another advantage to design-build over the traditional design-bid-construct method of procurement. The perception is a reduction in contractor claims and change orders. A single source provider is less likely to complain to the owner of errors, omissions or ambiguities in the design documents. Claims are possible, however, even on a design-build project. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Architect Not Liable to Contractor for Role in Default
  • Design Criteria Took Precedent -- Contractor Recovers for Constructive Change
  • Agency Corrected Contractor’s Improper Exclusion


By Steve Rizer


When choosing ways to improve the energy performance of a building, often it is best to pick the “low-hanging fruit” first and leave the rest for later. This was one of the key takeaways from a presentation that Kelly Gearhart, founder and principal of Triple Green Building Group LLC, delivered during a webinar that WPL Publishing held last week.


A suitable time to pursue on- and off-site renewable energy options, for example, is “after you’ve done all of the low-hanging fruit, all of the easy stuff,” Gearhart said. “What I don’t recommend for our projects is to throw a solar panel or a wind turbine up on a very energy-inefficient facility. That effort and those dollars should be [invested in some of the more] fundamental areas first. [Once] you have … investigated and implemented some of these simpler opportunities, absolutely go for both on-site and off-site renewables. But, if you’re in a position where you’ve assessed your [building’s energy] performance and you see [that] you are well below the [performance of other buildings in terms of] energy use intensity …, you may have a lot of work to do before it makes sense to implement renewables on your site.” ... Read more.


By Steve Rizer


“Tens of thousands” of professionals within the construction community ultimately may be able to benefit from a recently formalized agreement between Associated General Contractors of America (AGC) and Burger Consulting Group Inc. (BCG) to move the industry toward interoperability, AGC Chief Information Officer C. Fara Francis told ConstructionPro Week (CPW). The association engaged Burger to work with contractors and construction software vendors to facilitate easy data exchange and integrated systems using agcXML schema -- an endeavor that AGC believes will yield “significant cost savings for software developers, ease of communication between contractors and their systems, and accurate data storage.” ... Read more.


By John S. Crane, PSP, CFCC


The purpose of this article is to shed light on some of the questions and scenarios that stakeholders need to consider when addressing weather in the project schedule as a result of commonly used contract documents. In addition, this article will provide practical approaches for establishing the amount of “reasonably anticipated” weather as well as ways to incorporate the “norm” in a schedule and track actual weather effects during the project. The reason to do this is that troubled projects often finish with a bucket full of puzzling “delays” or “impacts.” The challenge of sorting out such complex delay claims is often exacerbated by inadequate reasoning for time extension requests coupled with inaccurate calculations of the delays or impacts. Allegations of the role Mother Nature played in the project finishing late are frequently part of this puzzle. ... Read more.





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