VOLUME 3   ISSUE 40   OCTOBER 03, 2014


By Bruce Jervis


Much has been written about the interplay between arbitration and litigation – the inability to get all parties together in the same room, the danger of inconsistent results, and the inefficiencies of dual forums. A recent federal appellate decision illustrates some of these problems.


There was a consolidated arbitration proceeding involving a mechanical subcontractor, the prime construction contractor, the project owner, the owner’s project architect, and the mechanical engineer. The subcontractor asserted a claim only against the prime contractor, electing not to claim against the design professionals even though they had been brought in as parties to the arbitration by the project owner. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Subcontractor Recovers in Arbitration and Is Allowed to Sue
  • No Punitive Damages for Refusal to Pay for Change Order Work


By Steve Rizer


There has been a “fair amount of misunderstanding” about a certain cost risk that general contractors may assume when signing a guaranteed maximum price (GMP) contract for a construction project -- a misunderstanding that seasoned attorney Richard Burnham discussed at length during a recent WPL Publishing webinar. To see what this misunderstanding is, as well as some of the other potential cost risks he listed during the 90-minute program, “Advanced Issues in GMP Contracts,” click here.


By Steve Rizer


If you possess information about “innovative, transformational” green building technologies that have the potential to improve the economic and environmental performance of federal structures, the U.S. General Services Administration (GSA) wants to hear from you. Through a recently issued request for information (RFI), the agency’s Green Proving Ground (GPG) program is seeking such information from industry stakeholders, commercial organizations, educational institutions, and non-profit organizations. ... Read more.





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