VOLUME 2   ISSUE 30   JULY 26, 2013


By Bruce Jervis


When it comes to extending the performance period for excusable delay, the maxim “better late than never” does not necessarily apply. A project owner has an obligation -- express or implied -- to grant extensions in a timely manner. Otherwise, the contractor may be forced to accelerate its pace of work in an attempt to meet the original contract deadline.


On a recent federal project, the contractor experienced what appeared to be, and was later ruled, excusable delay. The contractor requested an extension of time. The government refused, insisting on compliance with the original contract deadline and threatening assessment of liquidated damages for late completion. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Owner’s Failure to Grant Timely Extension Accelerated Contractor’s Work
  • Award to Second Low Bidder Cheaper than Re-Bid
  • Miller Act Claim Deadline Ruled Not Jurisdictional


By Steve Rizer


Should state government entities be prohibited from compelling contractors to sign agreements with labor unions as a condition of performing work on public construction projects? North Carolina Gov. Pat McCrory (R) believes so, signing a bill (H.B. 110) to this effect last week. But will the new law (Session Law 2013-267) hold up? Click here to read how Building and Construction Trades Department, AFL-CIO spokesperson Tom Owens responded when ConstructionPro Week (CPW) asked him, “What options (such as litigation or supporting new legislation), if any, might your organization pursue to overturn Session Law 2013-267?”


By Steve Rizer


To what extent, if at all, should constraints be used when developing or reviewing a schedule for a construction project? “We always tell people, if you are either building a schedule or reviewing [it], … as much as possible, don’t use any constraints because it can throw off your float values in terms of how you may manage the job,” John Crane, a director with Trauner Consulting Services Inc., said during a recent WPL Publishing webinar, the target audience of which consisted of contractors, public and private owners, subcontractors, construction managers, owners’ representatives, architects, and other design professionals providing project-oversight services. “It can dictate your float values throughout and also your longest path.”


But what about instructing engineers and schedulers to put a constraint on a completion milestone based on the contract completion date? Such a constraint can make it easier to keep track of whether the project is behind or ahead of schedule and determine what the float is on secondary or tertiary paths. Click here to read how Crane responded to this point, which a webinar attendee made during the “Q&A” period of “Two Comprehensive Approaches for Measuring Delay.”  


By Steve Rizer


July 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 July 2013 addition:


What are some of the tools that can be used to assess a building’s current energy consumption? What is the best strategy for measuring and addressing air leakage in a building envelope? These were among the questions that Triple Green Building Group Principal Kelly Gearhart answered during the “Q&A” segment of “Energy Efficiency for Existing Buildings,” 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 response to the question about assessment tools, Gearhart said, “Well, I think, depending on the kind of building it is, one of the best places to start is EnergyStar.gov. There’s a program there called Portfolio Manager, and, if you have an existing facility, it’s really easy to go in there and put in your energy bills for the last 12 months or so, … give it your zip code and give it some information about occupancy. You can even get into more detail and tell it how many PCs or computers are running in the building. There’s some basic data about the space types, whether you have a chunk of office occupancy, a chunk of retail occupancy, and so on.” ... Read more.





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