VOLUME 2   ISSUE 28   JULY 12, 2013


By Bruce Jervis


It is one of the simplest and most common provisions in a construction contract. One’s eyes may just pass over it, yet it can have significant consequences. It is the “choice of law/forum selection” clause. An example: “This contract shall be governed by the laws of the State of ________. Any action or suit arising hereunder shall be brought in that jurisdiction.”


This clause can determine the enforceability of other clauses in the contract. It can also affect the ability to obtain a cost-effective resolution of a dispute. A recent example came out of the federal court system. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Forum Selection Clause Enforced Despite State Statute to Contrary
  • Subcontractor Recovers for Extra Work Despite Lack of Price Agreement
  • Proposal Rejected Due to Improper Electronic Format


By Steve Rizer


What takes precedence -- the contractor-to-subcontractor contract or the specifications -- if a contract requires a subcontractor to provide engineering of a system but the specifications do not? This is one of the questions that popped up during the “Q&A” segment of a webinar that WPL Publishing held late last month for a target audience of architects, engineers, contractors, subcontractors, construction managers, public and private owners, consultants, and construction law attorneys. How did webinar presenter Stephen Hess, a member in Sherman & Howard’s Construction Practice Group, respond to this inquiry? Click here to find out.


By Steve Rizer


“Of course, you’re going to get inappropriate productivity measurements. That’s a fact. You’ve really got to look at what you’re doing. If you take away one thing [from this presentation], once you do all of the calculations, I really advise you to step back and look at the results of what you’ve done and determine whether or not it really makes sense.” This is one of the key points that Delta Consulting Group co-founder J. Mark Dungan made when, during a presentation he delivered at AACE (Association for the Advancement of Cost Engineering) International Inc.’s annual meeting last week in Washington, D.C., he outlined the pitfalls that can arise in implementing the Measured Mile method. For additional comments he made about the various problems associated with the Measured Mile approach and what can be done to avoid the pitfalls, click here.





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