By Bruce Jervis
A recent report on a project owner’s ability to reach contract retainage without any formal determination of contractor default prompted considerable comment. Now, another case illustrates the potential for owner abuse of retained contract payments.
Retainage is intended to protect project owners against mechanic’s liens and deficient contractor performance. But, it can also provide owners with a great deal of leverage in disputes with contractors. This creates a temptation for abuse. ... Read more.
Construction Law: An Introduction for Engineers, Architects, and Contractors
Gail S. Kelley
John Wiley & Sons, Hoboken, NJ, ISBN 978-1-118-229033
Success in construction requires more than design, technical and managerial skills; one must be fully conversant with numerous aspects of construction law in order to fully understand one’s rights and responsibilities.
From the perspective of the typical owner, contractor or subcontractor, the primary scope of knowledge needed to achieve a built project is fully contained within the boundaries of the construction contract documents (plans and specifications), including regulations, codes and other documents referenced in the contract. Knowledge of contract law is the primary driver for determining the risks and responsibilities of building the project and resolving any disputes. This has served as the foundation of this reviewer's own writings of books and periodicals about construction contracts and construction law. But there’s more to “construction law” than knowledge of the principles of contract law, in which Gail Kelley’s compact tome succeeds in teaching. Kelley covers basic legal principles, operational processes, contract administration and the roles of the various players as well. Read more...
Building information modeling (BIM) is a controversial topic. BIM champions have been extolling its virtues of design efficiency, construction cost and time savings, and maintenance economies for owners. Yet BIM has not become as widely used as expected in the United States. In the U.K., for example, the government has put into place standards with the goal that all public construction projects utilize collaborative BIM from start to finish, with all project and asset information, documentation, and data being electronic by 2016-2017. So what seems to be the issues holding BIM back? With the 2015 BIM Experience survey launched this past month, ConstructionPro Network set out to see what it could learn. Read more...