VOLUME 2   ISSUE 41   OCTOBER 11, 2013


By Bruce Jervis


Construction contracts frequently establish a procedure for the review of shop drawings and other submittals. This includes a time period, usually stated in calendar days, for the project owner or owner’s representative to review and return submittals to the contractor. For instance, on a recent federal project, the agency had 30 days to review and comment on submittals.


These stipulated turnaround times are crucial for a contractor. The failure to obtain approval of a submittal may impede performance of aspects of the work. The deadline may serve as a benchmark in a subsequent dispute over delay or an extension of time. But if the project owner is to be held to a deadline for review, is it not reasonable to also contractually define the format and manner of the contractor’s submittals? ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Piecemeal Submittal of Shop Drawings Caused Slow Review
  • Owner Recovers Both Liquidated and Actual Damages
  • Court Addresses Delay Claim on Multiple-Prime Project


By Steve Rizer


What constitutes a reasonable baseline schedule? This is one of 14 common questions concerning the legalities of construction scheduling that ARCADIS U.S. Inc. Associate Vice President John Livengood addressed during a webinar that WPL Publishing held last week. Click here to read how he answered this particular question and several others during the 90-minute program, entitled “The Law of Schedules: Legal Implications of the Construction Schedule and Historical Perspective and Recent Case Law.”


By Scott Turner


A state supreme court has again ruled that property damage to a general contractor’s own work does not satisfy the “occurrence” requirement in a non-standard commercial general liability (CGL) policy, but it opened the door to the possibility that the opposite might be true when the most recent standard CGL form was used.... Read more.


By Steve Rizer


For construction estimating, is it best to rely on a spreadsheet tool, or does it make sense to invest in either customized software or software that is specifically designed for the construction industry? Overall, the industry is divided on this front. The results of a recent Software Advice survey show a near-even split between respondents using specialized/homegrown software and those who use MicroSoft Excel or comparable spreadsheet tools for their construction estimating, but how well is the software meeting their respective needs? Click here to see how respondents answered this question.





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