By Bruce Jervis
It is common, almost standard, for public works construction contracts to stipulate an administrative claim resolution procedure. A contractor must initially submit a claim to an agency official. If the agency denies the claim, the contractor may appeal to an administrative board, whose decision may subsequently be reviewed by a court.
A Vermont highway contractor recently argued it could skip this wasteful process and take its claim directly to court. The contractor said the initial claim decision is made by agency employees, who lack objectivity and are not required to conduct a full fact-finding hearing. The appeals board then deferentially reviews the agency’s incomplete and biased findings of fact, essentially rubber stamping the agency decision. The contractor contended this was a denial of due process of law. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Administrative Claim Procedures Did Not Deny Due Process
- Subcontractor Recovers Lost Profit Based on Own Testimony
By Steve Rizer
With Version 4 of the Leadership in Energy and Environmental Design (LEED v4) rating system, “there are more requirements for commissioning the electrical distribution system and plumbing systems; make sure they are understood and scoped properly.” This was one of the key pieces of advice that, during a recent interview with ConstructionPro Week, Green Building Services Inc. Principal Richard Manning offered for those professionals striving to achieve commissioning objectives via LEED v4. LEED v4 commissioning is a hot topic, as projects only will be able to be registered under LEED v2009 until next June. Click here to see what else he suggested for meeting LEED v4 commissioning goals.
By Paul Levin
Drones have been demonstrated to be capable of taking high-resolution aerial photos and videos of construction sites -- and are expected to find other applications, including inspection and transporting materials. ConstructionPro Week seeks your input on these and other uses for drones on construction sites. Please click here to take the survey.
Respondents will be able to access the survey results and receive future coverage of drone use research. You are welcome to leave comments here.