By Bruce Jervis
Project owners, both public and private, frequently contractually disclaim liability for costs caused by delay and disruption, regardless of the cause. These no-damage-for-delay clauses can have serious financial ramifications for contractors. As one-sided exculpatory clauses, they are narrowly construed by the courts, which have carved out several exceptions to their enforceability.
The most controversial exception is “active interference” by the project owner with the contractor’s means or methods of construction. What does this mean? What makes interference active? ... Read more.
Featured in this Week’s Construction Claims Advisor:
- No-Damage-For-Delay Clause Did Not Apply to Owner’s Active Interference
- Two Separate Claims Asserted Against Architect
By Steve Rizer
During WPL Publishing’s recent webinar on differing site conditions in construction, one of the big questions that popped up in the “Q&A” portion of the program centered on what constitutes a reasonable level of investigation -- and then discovery -- on the part of a contractor. What have the courts said on this issue? What is the best strategy for convincing a court or jury that the contractor did indeed act in a reasonable manner? To read how Sedgwick LLP attorneys Marilyn Klinger and Robert Shaffer addressed these concerns, click here.
By Steve Rizer
Research and development into new, ultra-efficient HVAC systems, enhanced foam thermal insulation, and equipment for modeling energy in buildings received a boost last week when the U.S. Department of Energy (DOE) revealed its intention to invest about $14 million in R&D for these and a dozen other technologies that the agency believes will save significant amounts of energy in commercial buildings and other structures. ... Read more.
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.