By Bruce Jervis
It is frequently stated that a contract speaks for itself. Answers regarding contract interpretation should be found within the four corners of the contract. If a contract is ambiguous, it may be necessary to rely on extrinsic evidence. If not, rely on the express language of the contract.
The highest court of New York recently interpreted the insurance provisions of a construction contract. There had been no ruling that these terms were ambiguous. The majority of the Court of Appeals read the express language of the insurance provisions and came to a logical conclusion. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Project Owner Was Not an Additional Named Insured on Contractor’s CGL Policy
- Substantial Completion Did Not Trigger Payment Obligation
By Paul Levin
Pricing of claims and change orders falls into two categories: forward pricing, where the price and time is negotiated before the work is done; and post pricing -- pricing and schedule adjustments made during or after performance of the work. In applying either type, the pricing elements of the claim itself are the same and include the direct cost of performing the changed work, impact and/or delayed performance costs, indirect costs, and markups for overhead and profit. Many different methodologies have been used to successfully price claims. What is important is that the pricing elements are carefully calculated and substantiated. ... Read more.
By Paul Levin
On Wednesday, the Federal Aviation Administration (FAA) granted exemptions to two petitions from Woolpert Inc. and one each from Clayco Inc. and Trimble Navigation LTD for the use of unmanned aircraft systems (UASs), such as drones, in aerial surveying and mapping activities on construction sites. The Woolpert and Trimble exemptions involved fixed-wing aircraft, while Clayco’s request was for a multirotor craft. ... Read more.