VOLUME 2   ISSUE 16   APRIL 19, 2013


By Bruce Jervis


Maybe it’s the relentless lawyer advertising on television -- if you’ve been wronged, I’ve got a remedy. Most in our society are keenly aware they have rights. Few pause to consider the source of these rights or the distinctions among legal claims. Take, for instance, the distinction between negligence-based tort claims and claims under a contract.


A Kentucky contractor recently learned this is more than an arcane, lawyerly distinction. It has practical ramifications. The contractor, having encountered unanticipated bedrock, sued the project owner for negligent misrepresentation of the site conditions. The negligence claim was dismissed. The contractor’s recourse against the owner was defined by the terms of the written construction contract. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Warranty Claim against Contractor Not Barred by AIA Waiver
  • Contractor Could Not Sue Owner for Negligent Misrepresentation of Site Conditions
  • Failure to Separately Price Optional Line Item Spoiled Low Bid


By Steve Rizer


In its crusade to foster more energy-efficient buildings across America, the Obama administration wants to place a much larger financial emphasis on emerging technologies, according to ConstructionPro Week’s analysis of the recently released fiscal 2014 budget request. The administration is seeking $300 million for the U.S. Department of Energy’s Building Technologies Program (BTP), but only the “Emerging Technologies” subprogram within BTP would receive more than a $15.254-million boost above the FY’12 enacted level. With an extra $70.056 million to work with in this subprogram, what would DOE be doing to advance such technologies? Click here to find out.


By Steve Rizer


Just because an analysis of productivity in a construction project may be called a “Measured Mile” analysis, “don’t believe it,” Trauner Consulting Services Inc. Director Mark Nagata advised a target audience of contractors, public and private owners, subcontractors, construction managers, owner representatives, architects, and others during a webinar that WPL Publishing held last week. “Dig into the details. Understand exactly how the calculation is being performed. I evaluate a number of different claims with inefficiency components, and in almost all instances, the analyst or contractor calls those calculations ‘Measured Mile’ analyses when they’re really not.” ... Read more.





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