By Bruce Jervis
Companies selling equipment or materials to construction contractors face a unique challenge. Payment security may exist in the form of public works payment bonds or private materialman’s liens, but there is a problem. These payment remedies are not general. In order to file a bond or lien claim, the seller must know the project into which the goods were incorporated.
Many suppliers of equipment and materials sell to constructors on an open account. The end use of the goods is not necessarily known. The ramifications of this dilemma are illustrated in a recent case from South Dakota. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Supplier’s Misunderstanding Defeats Payment Bond Claim
- Termination Settlement Proposal Distinguished from ‘Claim’
By Steve Rizer
A prerequisite for successful project management is “claims consciousness,” an active familiarity with and awareness of potential claim situations, Joseph McManus and Karlee Blank of McManus Darden & Felsen LLP (MD&F) wrote in “Claim Identification and Notification,” a special report that WPL Publishing will release next week. “This does not mean the contractor should seek every possible opportunity to earn extra revenue. It does mean the contractor should be aware of the potential risks associated with claims and that one of its highest priorities should be proper management of these risks.” ... Read more.
By Steve Rizer
The Green Globes certification process is significantly less expensive to conduct and faster to complete than its Leadership in Energy and Environmental Design (LEED) counterpart, … at least for one Philadelphia building that underwent an examination of what it took to get the structure certified under each rating system. To see partial results of this study, click here.