ConstructionAdvisorToday

When is Owner Interference Intentional?

Bruce Jervis, Editor
Construction Claims Advisor

The no-damage-for-delay disclaimer is not as enforceable as it used to be. Perceived as a one-sided term of adhesion, imposed by project owners from a position of superior bargaining power, these clauses have been assailed in the legislatures and the courts. There are now a number of limitations and exceptions when it comes to enforcing delay damage disclaimers.

Bentley Launches Integrated Structural Modeling Methodology for Creators and Consumers of Structural Project Information

Bentley Systems Inc. has launched its integrated structural modeling (ISM) methodology for creators and consumers of structural project information. With ISM -- and new software apps available for download from Bentley -- structural engineers can fully participate in multidisciplinary, integrated project workflows, the company stated.

Darden Among Several Businesses Announcing LEED Plans, Various Green Designations

Steve Rizer, Editor
Green Building Insider

Darden Restaurants has begun a system-wide sustainable restaurant design initiative that will consider application of Leadership in Energy and Environmental Design (LEED) standards in its new restaurants and, where feasible, restaurant remodels. The initiative is part of Darden's broader sustainability efforts aimed at limiting business impact on the environment while enhancing the operational efficiency of its restaurants.

Should Subcontractors Share the Risk of Owner Nonpayment?

Is it fair for subcontractors to bear the risk of owner nonpayment for their work? Many prime contractors would argue that it is. The subcontractor is being asked to share the risk. If the project owner hasn’t paid the prime for the sub’s work, why should the prime be required to pay the sub, in effect financing the owner’s project?

World Green Building Council, Architect Group Sign Memorandum of Understanding

Steve Rizer, Editor
Green Building Insider

The World Green Building Council (WGBC) and the International Union of Architects (UIA) have signed a memorandum of understanding (MOU) that is designed to "take a step toward strengthening their working relationship" in promoting green buildings. WGBC is a business-led group of national councils whose mission is to accelerate the transformation of the global property industry toward sustainability. IUA is a non-governmental organization representing more than 1.4 million architects in 124 countries.

Tekla Reports Several New BIM-Related Developments

Tekla has launched its annual main version of Tekla Structures BIM (building information modeling) software, one of several developments that the company recently reported.

The new Tekla Structures 16 introduces several workflow benefits, such as an improved solution for cast-in-place concrete and better IFC data exchange, the company stated. Tekla Structures BIM software is developed according to a long-term plan of improved user experience, process, and functionality. "This provides the whole building design and construction project team a unique model-based way of collaboration, including possibilities for increased business, productivity, and sustainability."

Questionable Practices By Construction Lenders

A reader recently called our attention to an interesting problem. He is an HVAC contractor. He provides price quotations to property owners for the replacement and installation of complete systems. The property owner intends to finance this major improvement and approaches a lending institution. The loan officer informs the owner that at least two bids are required before a loan can be approved. The loan officer provides the property owner with the name and contact information of another HVAC contractor.

NIST Official Explains Need For New Guidance Document Promoting Improved Building IAQ

There are "strong arguments" to be made for going beyond minimum standards when it comes to establishing indoor air quality (IAQ) in buildings, said Andrew Persily, who leads the National Institute of Standards and Technology's Indoor Air Quality and Ventilation Group. It is for this reason that five building industry associations and a federal agency last month unveiled the document "Air Quality Guide: Best Practices for Design, Construction and Commissioning."

New Study of IPD Method Demonstrates Efficiencies and Cost Effectiveness

The American Institute of Architects (AIA) and The AIA California Council (AIACC) recently announced the results of a joint project focused on real building projects that used and implemented integrated project delivery (IPD) during the building process. IPD is a construction project model in which owner, design professional, and builder jointly share a project's risk and reward.

Are Project Owners Misusing Convenience Terminations?

A project owner’s right to terminate a contract for the owner’s convenience is a vital tool. A termination without cause gives the owner flexibility to respond to contingencies such as lost project financing or changing market conditions. The contractor, who was not in default, is compensated for work performed prior to termination. The most common contractual formula is cost plus profit, along with settlement costs such as subcontractor termination, demobilization and other contract close-out costs.