By Bruce Jervis
“Active interference” by the project owner is a well-recognized exception to the enforceability of no-damage-for-delay clauses in construction contracts. There is a problem, however. There seems to be little agreement as to what constitutes active interference.
In the past, courts usually required some showing of bad faith or gross negligence in order to find active interference. This has changed, with an emerging majority requiring only an affirmative, intentional act by the owner that resulted in interference with the contractor’s work. No malice is required. But, the act has to be something more than a careless mistake or lapse in judgment. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Trade Conflict Was Not Active Interference by the Owner
- Claims Court Sorts Out Recovery under EAJA
By Steve Rizer
A concern that has been expressed about the U.S. Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED) program is that the review process can be too complex and lengthy. Well, the organization is hoping the “LEED Proven Provider” designation that the Green Building Certification Institute (GBCI) launched late last month will help alleviate this concern. ... Read more.
By Steve Rizer
Public agencies may want to take a good look at some recently released results of what is believed to be the largest study of lean construction programs ever conducted in the United States. The study reports that a lean strategy enabled San Diego Community College District (SDCCD) to save an average of $900,000 per project and $13.6 million in change orders over past experience, yield an additional $7.7 million in project savings, and reduce maintenance costs by 53 percent over a three-year period. How did SDCCD manage to do this? Click here to find out.