VOLUME 3   ISSUE 45   NOVEMBER 07, 2014


By Bruce Jervis


Pressing needs for infrastructure and other public facilities, combined with limited funding sources, are changing the way public projects are financed. Increasingly, the constructor is also the financier, compensated through lease payments, tolls, or other user fees.


These new project arrangements have proved challenging to the public procurement system. The bidding laws in many states have been slow to keep pace. Some states, however, have been proactive. A recent challenge to a lease-leaseback arrangement in California was squarely addressed by the procurement statutes. The procurement was exempt from competitive bidding. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Lease-Leaseback Exempt from Competitive Bidding
  • Owner Created Separate Prime Contract with Trade


Acceleration is experienced on a construction project when a contractor either wants to finish early, or, more often, to recover lost time due to delays on the project. There are three types of acceleration that can occur: 1) voluntary, b) directed, and c) constructive. Voluntary acceleration is where a contractor makes schedule changes and/or expends additional resources at its own initiative. Directed, or ordered, acceleration occurs when the owner explicitly instructs the contractor to accelerate the work. Constructive acceleration occurs when the contractor is forced to attempt to achieve a completion date that is earlier than what should be required under the contract because the owner did not timely grant an extension for excusable delay. Constructive acceleration arises when the owner causes the contractor to accelerate not by an express direction but implicitly through the owner’s actions, typically failure to grant a time extension that the contractor would otherwise be entitled to. ... Read more.


By Steve Rizer


How has version four (v4) of the Leadership in Energy and Environmental Design (LEED) green building certification system fared since its formal launch a year ago? Has LEED v4 met expectations? Upon delivering a presentation at Greenbuild 2014 about his experience overseeing the third LEED Existing Buildings Operations and Maintenance project certified under the new version, Michael Alexander, senior project manager for Cassidy Turley, offered a candid assessment of LEED v4’s performance to date. Click here to see what he told ConstructionPro Week.


By Steve Rizer


In which ways have smartphones, tablets, and other mobile devices benefitted construction companies the most? This is one of the questions that Sage North America sought to answer via its recent survey to gauge what the most popular mobile devices are within the industry, the tasks that those devices are used for most often, and whether construction companies typically budget for such equipment, among other things. To see some of the survey results, click here.





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