VOLUME 3   ISSUE 2   JANUARY 10, 2014


By Bruce Jervis


A prime contractor’s relationship with the project owner obviously differs from the contractor’s relationship with a subcontractor. This is true both financially and contractually. Consequently, it may be advantageous to represent things one way to the owner and another way to the sub. Yes, contractors occasionally speak out of both sides of their mouths.


A recent example arose on a VA project in New York. Road work was delayed when the project owner refused to allow a subcontractor’s heavy crushing equipment into a cemetery. The prime contractor took the position with the VA that this was an excusable delay and requested a 48-day extension of the prime contract performance period. At the same time, the contractor told its subcontractor the delay was not excusable. The contractor defaulted the sub for failure to maintain the subcontract schedule. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Contractor Spoke from Both Sides of Mouth Regarding Delay
  • Delay Damage Disclaimer Enforced Against Sub on Public Project
  • Rejection of All Bids after Price Disclosure Upheld


By Steve Rizer


There are several new developments to report in the effort to develop guidance for optimizing building performance through commissioning.


In one such development, American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) recently began taking comments on proposed Guideline 0.2P, The Commissioning Process for Existing Systems and Assemblies. The draft guideline describes the procedures, methods, documentation, requirements, and physical activities of the commissioning process for existing buildings, systems, and assemblies using the principles developed in ASHRAE Guideline 0-2005, The Commissioning Process. The comment period for 0.2P, which is intended to be applied to any type of facility, is scheduled to end Jan. 20. To read about the other developments, click here.


By Steve Rizer


In comments recently submitted to the U.S. Department of Transportation (DOT), the Construction Managers Association of America (CMAA) asserted that in order for America to meet its future infrastructure needs, “both the owner community and the designers, contractors, and consultants who serve them will have to embrace new mindsets.” In making its point, CMAA argued that adoption of innovative funding options, such as a National Infrastructure Bank and a separate national Capital Budget, will not be enough to solve the problem. But exactly what does CMAA want these professionals to do? Click here to find out.


By Fredric L. Plotnick


Time is money. Only more so. Opening the store on Dec. 26 does not cut it. Being second to market with that next-generation video game or smart gadget does not cut it. Enterprise “schedule software” that tells senior management what went wrong in the past quarter is not the answer and may be becoming part of the problem.


Maximizing productivity without consideration about how this impacts timely project completion is like the old saw: “We’re making great speed, but not sure about in what direction we should be going.”





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