VOLUME 2   ISSUE 13   MARCH 29, 2013


By Bruce Jervis


Disparaging the competition is a time-honored tradition in our system of free enterprise. Everyone has an opinion and many are eager to share, particularly when it is seen to provide a competitive advantage. But a recent case from the Virginia Supreme Court illustrated the difference between an expression of opinion and a defamatory misstatement of fact.


A contractor allegedly told a public project owner, to paraphrase, “My competitor told me he is going to screw your agency with an unfounded change order demand.” When sued by the competitor for defamation, the contractor said the alleged statement was a constitutionally protected expression of opinion. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Contractor Allowed to Sue Competitor for Defamation Related to Change Order
  • Work Must Continue under “Disputed Work” Clause
  • Suspended Progress Payments Justified by Schedule of Values


By Steve Rizer


Does the federal government need to clarify -- or possibly even change -- its policy for securing the services of architects and engineers?


In comments submitted earlier this month to the White House Office of Federal Procurement Policy (OFPP), Council on Federal Procurement of Architectural and Engineering Services (COFPAES) President John Palatiello stated the following: “We wish to make certain the record is clear about the statutory requirements of the Brooks Architect-Engineer Act in 40 USC [United States Code] 1101 et. seq., implemented in FAR [Federal Acquisition Regulation] Part 36.6.” ... Read more.


By Steve Rizer


There are several new developments to report in the effort to promote building information modeling (BIM) use and related standards both in the United States and abroad -- news that buildingSMART alliance (bSa) Executive Director Deke Smith and bSa Assisting Director Birgitta Foster shared during a webinar that WPL Publishing held last week. The webinar, entitled “Owner Expectations: NBIMS-US V2 to Accelerate BIM Usage over the Next 5 Years,” is the first of four webinars in WPL’s “BIM Roadmap 2013” interactive series for owners, contractors, construction managers, owners’ representatives, and others within the construction community. ... Read more.


By Steve Rizer


March 2013 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 March 2013 addition:


It pays to plan for green construction as early in a project as possible, attorney Bryan Jackson told attendees during “Green Construction Contracts,” a WPL Publishing webinar for which a recording recently was added to the ConstructionPro Network (ConstructionProNet.com) Download Library -- free of charge for members.


“In my studies, I’ve [found] that if you make changes [to incorporate green features] early on, it’s at a very low cost with a very high level or ability to make change,” Jackson said. “As you go further out into the construction design and construction process, it becomes harder to make change, and [it becomes] more costly. So, the time to green your project is at the very get go, at the inception of design rather than later as it starts to cost you more and you have less ability to make change. The nightmare, which hurts projects the most, is when you’re actually making a change at the end of the project, perhaps because you weren’t able to get all of your green points [for certification], and now you’ve got to add on something that wasn’t planned, and that’s the most expensive thing to do that could really hurt you.” ... Read more.


ConstructionPro Network (CPN) members receive a 20 percent discount on all purchases of bookstore items and live webinars. For the CPN bookstore, if you are logged in, the discounted price will be applied automatically.


For webinars, the online registration system will detect that you are a member if you sign up using your CPN user name (email address) and will automatically provide you with the discounted rate. If you experience difficulty in obtaining the member discount when making a purchase, please feel free to call the WPL Publishing Customer Service Department at (301) 765-9525 (ext. 0 or 1) for assistance.





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