By Bruce Jervis
Most state licensing statutes make proper licensing a precondition to the contractor’s right to recover compensation for construction work. The reason is obvious. This is a very effective, low-cost way for the state to ensure compliance with its licensing laws. Project owners are quick to raise licensing deficiencies as a defense to a payment claim.
This poses a challenge to contractors. Even when acting in good faith, a license may lapse, the scope of work may exceed licensing limitations, or changes in company structure may raise questions. And owners are aggressive – some would say cynical – in exploiting licensing problems. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Contractor Licensed ‘At All Times’ Despite Change in Business Status
- Board Addresses Recovery of Appeal Costs
By Steve Rizer
The U.S. Department of Labor (DOL) has unveiled its semiannual regulatory agenda, providing a laundry list of potential rulemakings that would affect the nation’s construction industry. The agenda, much of which DOL’s Occupational Safety and Health Administration would carry out, outlines the Obama administration’s planned timeline for issuing the rules -- which address confined spaces in construction, exposures to beryllium and crystalline silica, amendments to the federal cranes and derricks standard, among other things -- but the department is not legally compelled to stick to the stated agenda. To see a list of rulemakings that OSHA is developing, click here.
By Steve Rizer
A proposed change to the International Green Construction Code (IgCC) could make it considerably easier for architects and engineers to make buildings more energy efficient. Among those supporting the proposed outcome-based compliance path in IgCC is New Buildings Institute (NBI), which believes that building energy codes by nature are prescriptive, limiting the ability of architects and engineers to use integrated systems and innovative technologies necessary for lowering a building’s energy needs. An outcome-based compliance path would solve that problem, setting targets for the actual energy use of a building and determining compliance through the building’s achievement of that target once in operation, according to NBI. ... Read more.
By Steve Rizer
June 2014 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 June 2014 addition:
Are designs in the construction world expected to perfect? This is one of the questions that Peter Vosbikian, a shareholder and managing consultant with GREYHAWK, addressed during WPL Publishing’s 90-minute “Pricing Design Deficiency Claims: Keys to Success” webinar, a recording of which recently was added to the ConstructionPro Network (ConstructionProNet.com) Download Library free of charge for members. ... Read more.