VOLUME 2   ISSUE 50   DECEMBER 13, 2013


By Bruce Jervis


Statutes frequently contain notice provisions that spell out in detail the requirements for timely, sufficient notice, as well as the method of delivery. The construction industry is no stranger to notice provisions. Mechanic’s lien and payment bond statutes almost always include them.


It is evident to all that the means of communication have expanded greatly in the past two decades. Yet, statutory notice provisions have been slow to keep up. Statutes frequently do not even authorize delivery of notice by contemporary methods. And when they do, they sometimes create inconsistencies within the statute. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Email Notice Need Not Be Directed to Permanent Office
  • Client Allowed to Sue Engineer under Contract and Negligence
  • Project Owner Had Discretion to Determine Low Bidder Unqualified


By Steve Rizer


What is the most common reason for construction claims? Is it contractors low-balling their bids with the intent of cashing in through changes, as at least some owners maintain? Is it want-something-for-nothing owners “changing everything” as a project progresses but refusing to pay for those changes, arguing that contractors should have anticipated the situation or built in a contingency to deal with the changes? Is it design consultants always trying to protect their designs?


During “Empowering the Project Team to Successfully Avoid Claims,” a webinar that WPL Publishing held last week, presenter and Trauner Consulting Services Inc. Principal J. Scott Lowe expressed a very different opinion about why claims are filed, and he offered some advice about what can be done to minimize disputes. Click here to read some of the comments he made during this particular segment of the 90-minute program.


By Scott Turner


A state supreme court has ruled that a general liability policy’s contractual liability coverage did not cover the bodily injury claim of a general partner of the contractor policyholder because he was not a “third party” as required in the policy for that coverage. However, the court noted that the general partner’s claim would have been covered if the second party owner had been named as an additional insured under the partnership’s policy. ... Read more.


By Steve Rizer


AACE International’s Technical Board recently approved a recommended practice called “61R-10, Schedule Design -- As Applied in Engineering, Procurement, and Construction,” but why does the industry need such a set of guidelines? In an interview with ConstructionPro Week, 61R-10 co-authors Christopher Carson and Patrick Kelly provided an interesting answer to this question.


“As consultants at ARCADIS, as well as at previous companies, we’ve observed that schedules are often developed without full understanding of the scope of work and all of the data really necessary for appropriate development,” Carson and Kelly jointly stated. “Some schedulers start their schedule development by simply sitting down at their computer terminal and creating the list of activities without having collected the necessary data and inputs that will make the schedule a successful tool for executing and monitoring the project.” ... Read more.





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