VOLUME 2   ISSUE 32   AUGUST 09, 2013


By Bruce Jervis


Several weeks ago, we reported on a case in which a licensed professional engineer was sanctioned for acting as a general contractor without possessing the necessary state contractor license. It was ruled that the engineer’s role in the project exceeded the services “customarily furnished” by design professionals.


Now, in a recent case from Arizona, a licensed architect has turned the table and argued that American Institute of Architects Document B151, an owner-architect agreement, qualified as a “construction contract” for purposes of the benefits of the state Prompt Payment Act. The architect did not prevail in this quest. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Architect Not a ‘Contractor’ for Prompt Payment Purposes
  • Design-Build Contractor Protected by Waiver of Consequential Damages
  • Failure to Certify Pre-Qualification of Trades Ruins Low Bid


By Scott Turner


A federal appeals court has ruled that the Performing Operations Exclusion, the Incorrectly Performed Work Exclusion, and the Impaired Property Exclusion each separately barred commercial general liability coverage for an insured bridge demolition contractor’s bungled work during its ongoing operations and resulting loss of use of a river to navigation. ... Read more.


By Steve Rizer


For which sites should the National Stormwater Calculator that the U.S. Environmental Protection Agency recently made available be used -- and not be used?


In an interview with ConstructionPro Week, agency spokesperson Cathy Milbourn explained, “This calculator could be useful to any construction project that involves the development or re-development of a building structure and/or landscape. The calculator can be used to evaluate green infrastructure/low-impact-development (LID) options for both landscapes, such as rain gardens or permeable pavement, as well as green roofs or rain barrels on the buildings. The goal for adding these options would be to reduce stormwater runoff from the site once the development is complete.” ... Read more.


By Steve Rizer


“This whole area of [construction] project management and … project scheduling is not an exact science. It’s more of an empirical science that we … learn from experts, and sometimes experts have different opinions.” This is the point that Saleh Mubarak, head of Qatar University’s Civil Engineering Department and a construction management consultant who specializes in planning and scheduling, emphasized in wrapping up his presentation during a WPL Publishing webinar entitled “Construction Scheduling Tips and Tricks: Better Schedules and Improved Project Performance.”


To address this dilemma, he advised professionals attending the event to “definitely keep [your] eyes and ears open” to detect such differences in experts’ opinions. “If you’ve heard something from me and you’ve heard something contrary to that from another expert, that’s okay. It’s a matter of opinion. Whatever makes more sense to you.” Click here to read some of the other advice that he offered to professionals attending the three-hour program, the target audience of which consisted of architects, engineers, public and private owners, construction managers, contractors, subcontractors, and designers.





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