By Bruce Jervis
A basic rule of construction contract law states that a “Type I” differing site condition exists when the actual conditions in the field differ materially from affirmative representations in the contract documents. The requirement for an affirmative representation is key. Silence or failure to warn is not enough.
Once a material difference from an affirmative representation has been established, the claimant faces more challenging issues. The claimant must prove that its interpretation of the representation was reasonable; it drew logical inferences and did not leap to unfounded assumptions. And, the claimant must prove it relied on its interpretation when pricing its bid. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Lack of Affirmative Representation Defeats Site Condition Claim
- Builder Recovers Value of Work Despite Violations of Consumer Protection Act
By Steve Rizer
In the not-too-distant future, the cost of “building-integrated vegetation” (BIV) -- the use of green roofs and green walls to improve air quality and manage stormwater, among other things -- could drop significantly, according to a report that Lux Research Inc. recently released. The firm believes that if certain steps are taken, BIV costs could plunge from about $38 per square foot in 2012 to roughly $23/sq. ft. in 2017. ... Read more.
By Steve Rizer
Expect Version 3 of the National Building Information Modeling Standard-United States (NBIMS-US V3) -- the first round of it anyway -- to be released by year’s end. The plan is to first release the standard in a raw, PDF-only version “with all of the content but without the planned additional extensive editorial content, way finding, and implementation guides,” Jeffrey Ouellette, vice chairperson of the project committee responsible for the standard’s development, told ConstructionPro Week (CPW). The second round, tentatively set to be unveiled during the first quarter of next year, will be the interactive website release for buildingSMART members and contain comprehensive content that includes the additional material. ... Read more.