By Bruce Jervis
The essence of an arbitration agreement is the mutual consent of two parties to submit any claim or dispute arising under their contract to a neutral arbitrator for a binding, final decision. It is a matter of contractual consent between the two parties, so the courts afford great deference to the arbitration process and its resulting awards. Read more.
Although not a construction contract, this recent ruling by the Comptroller General on a bid protest upheld the Army's conclusion that a proposal for providing logistic support services was noncompliant for failing to meet two RFP requirements. One of the requirements was to meet minimum required employment hours for the supply and services functional area. In order to arrive at the total hours, a spreadsheet needed to be submitted that showed the individual category subtotals plus the total number of hours. However, the numbers didn't add up. Read More.
In pro sports, the team that makes the least mistakes wins the most games. Similarly, construction projects that are well-planned with minimal disruptions, delays and rework are the most profitable. Construction contract management is a team effort, with the necessity of all team members understanding the issues of project management, contract administration and construction law. Both new personnel and old hands alike need to learn about new issues as well as be reminded about basic contract principles in order to quickly make correct decisions during their very busy day-to-day management activities. Owners, designers and construction managers also need to stay informed to move the project forward as well as protect their respective interests. Read More.