VOLUME 2   ISSUE 19   MAY 10, 2013


By Bruce Jervis


When contractors start moving the project completion date forward, problems can arise. Sometimes a contractor will inform the project owner of an intention to complete the work prior to the contractual deadline, laying the groundwork for a potential claim for owner interference with scheduled early completion. Other times, a contractor will use early completion as an inducement for contract award. That was the case in a recent federal construction dispute.


In a technical proposal on a design-build project, the contractor offered a shorter performance period as a “project betterment” for the government. The contractor then stated an even earlier date as its “goal” for completion of the work. The government accepted the proposal. The contract award referenced the schedule established in the contractor’s technical proposal. Later, in the context of a dispute over liquidated damages, the parties could not agree which date was the original contract completion deadline. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Completion ‘Goal’ Not Binding on Contractor
  • Caltrans Affirmative Action Plan Upheld
  • Court Action Did Not Waive Right to Arbitration


By Steve Rizer


Now that a supplier of ready mix concrete has achieved three groundbreaking milestones involving environmental designations for its products, will a flood of other companies that provide materials for green buildings follow suit? The question arises after Central Concrete Supply Inc. became the first ready mix supplier in the United States to offer concrete environmental product declarations (EPDs). It also is the first such supplier to receive external verification of the EPDs in accordance with the International Organization for Standardization’s (ISO) 14025 standard and ISO 21930. Furthermore, the San Jose, Calif.-based business, which serves the San Francisco Bay area, is believed to be the first U.S. company in any industry to produce EPDs at the individual product level.


What are the chances that other providers of concrete will seek these designations anytime soon? Will more suppliers of products for green buildings seek to produce EPDs at the individual product level? Click here to find out what Central Vice President and General Manager Jeff Davis told ConstructionPro Week in response to these questions.


By Steve Rizer


What are the best practices for avoiding and managing “scope creep,” an ominous term that refers to uncontrolled changes or continuous growth in a construction project’s scope? “First, we recommend that you implement a documented change management process, which can actively manage changes on [a] project,” Marsh Risk Consulting Vice President and Managing Consultant John Ciccarelli told a target audience of engineers, architects, risk management professionals, construction and project managers, presidents, vice presidents, contractors, subcontractors, and others during a webinar that WPL Publishing held late last month. Click here to find out what other steps both he and fellow Marsh Managing Consultant Todd Vandenhaak suggested for preventing and managing scope creep.





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