VOLUME 2   ISSUE 36   SEPTEMBER 06, 2013


By Bruce Jervis


Prime contractors, when attempting to resolve payment and scope of work disputes with subcontractors, frequently advocate on behalf of a sub against the project owner. The hope is that the project owner will authorize additional funds which can be used to compensate the subcontractor. This advocacy, however, has its pitfalls.


In advocating to the owner on behalf of a subcontractor, the contractor may take positions which are contrary to the contractor’s interest vis-à-vis the sub. It is difficult to be the advocate for a party which may become one’s adversary. An example is found in a recent federal court case from Alabama. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Prime Pays Sub in Accordance with Original Assertion to Owner
  • Arbitration Award Not Tainted by Tenuous Relationship
  • Surveyor Not Entitled to Right to Cure Work


By Scott Turner


Late last month, a state Supreme Court issued a decision holding that an insurance company within that state must pay its policyholder’s pre-litigation costs to locate and repair its defective construction work even though the insurance company refused to consent to the repair program. ... Read more.


By Steve Rizer


What ought to be done to ensure the best balance between indoor environmental quality (IEQ) and energy efficiency in high-performance buildings? A conference slated to begin next month in Vancouver, B.C., Canada, could yield some significant progress toward answering this age-old question … if some recent comments prove to be prophetic. 


“There are not a lot of data on IEQ in high-performance buildings, but this conference [‘IAQ 2013, Environmental Health in Low-Energy Buildings,’ scheduled for Oct. 15-18] will bring the collective knowledge of the industry together to set a benchmark, if you will, on where we are and how we should move forward,” Conference Co-Chairperson Hal Levin said. “It will be important in identifying critical gaps in our knowledge and potential priorities for future ASHRAE [American Society of Heating, Refrigerating and Air-Conditioning Engineers] research, standards, and guidelines.” ... Read more.


By Steve Rizer


What is the current state of the crusade to promote more widespread incorporation of lean principles into construction projects? Is lean construction a passing fad for which the "sell by" date already has come and gone, or is it a trend that is growing across the industry? In search of an answer, ConstructionPro Week (CPW) asked Lean Construction Institute (LCI) Executive Director Dan Heinemeier whether the share of lean projects within the construction industry has been rising or declining in recent years and what the primary reason is behind the increase or decrease. Click here to read his response.





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