VOLUME 2   ISSUE 43   OCTOBER 25, 2013


By Bruce Jervis


Contracts frequently stipulate, or liquidate, the project owner’s daily damages for late completion by the contractor. This spares owners the difficult task of quantifying and documenting their actual costs. It can be beneficial for contractors, as well, as it caps their liability exposure and makes it known in advance.


It is less common for contracts to liquidate the contractor’s daily damages for owner-caused delay. Yet, there is no reason it can’t be done, and it offers the same advantages as liquidated damages for late project completion. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Sub’s Concurrent Delay Prevented Prime from Recovering Compensation
  • Interpretation of Unit-Price Pay Item Was Not Reasonable
  • Low Bidder Rejected Despite Certificate of Responsibility


By Steve Rizer


Expect the new version of the U.S. Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED) rating system to include an expanded scope for water efficiency, Green Building Services Principal Richard Manning told professionals attending a webinar that WPL Publishing held earlier this month. The official release of “LEED v4” is scheduled for next month during USGBC’s “Greenbuild International Conference and Exhibition” in Philadelphia.


USGBC intends to expand the scope of water efficiency to encompass total building water use, Manning reported during the 90-minute webinar, entitled “Introducing LEED v4: The Next Version of LEED.” Before LEED v4, the rating system “pretty much” only addressed indoor plumbing fixtures and outdoor irrigation, “but now we’ve got process water and metering and some other things to make water a little bit more important” and be covered “a little bit more holistically” by LEED, he said. Click here to read some of the other major changes that LEED v4 will bring.


By Steve Rizer


It will be interesting to see whether a couple of recent developments involving Obayashi Corp. will convince a greater share of the world’s construction industry to embrace building information modeling (BIM) technology. 


In one development, construction contractor Obayashi has helped complete the “Smart BIM Cloud” pilot project. The endeavor is intended to improve BIM integration and information sharing across the industry. Obayashi, along with partners NEC Corp. and Graphisoft SE, declared the pilot project a success, allowing for “safe and smooth information sharing between stakeholders.” ... Read more.


By J. Kimon Yiasemides and Zeynep Guven


Critical Path Method (CPM) scheduling was developed as a project-management tool. Most construction projects encounter delays over the course of their duration. These delays often lead to disputes, which may or may not generate a claim. Construction schedule delay analysis typically uses contemporaneous schedules to assess and apportion the effects of delays and other impacts on a project. Substandard or inadequate schedule updates can severely hinder the development of delay claims and resolution of disputes. In order to amplify the power of a schedule as a claims-support tool, there are certain considerations that should be taken into account when developing the baseline and updating the schedule. This article discusses aspects to consider and best practices to implement so that a project schedule can serve as both a claims-support tool and a claims-avoidance tool. ... Read more.


By Steve Rizer


October 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 October 2013 addition:


What are the top five motivations for corporations to conduct green retrofits and make their existing building space more environmentally friendly? The first such motivation that Nigel Hughes, an associate director for Navigant Consulting’s Real Estate Practice, revealed during a WPL Publishing webinar is a corporation’s desire to improve indoor air quality for its employees.


Number two is corporations’ environmental commitment to be a “green business,” Hughes said during “Existing Building and Stimulus: Cultivating Opportunities,” one of four 90-minute sessions comprising WPL’s Green Building Best Practices series and a webinar for which a recording recently was added to the ConstructionPro Network (ConstructionProNet.com) Download Library -- free of charge for members. Third, corporations committing to such retrofits “see the public-relations value in being green.” What are fourth and fifth on the list? Click here to find out.





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