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Construction Delays Due to Design Requirements and Concurrent Events

Construction delays are not always easy to categorize or segregate. On a complex project, activities on the schedule’s critical path may be delayed by multiple factors. Some may be the responsibility of the owner; some the responsibility of the contractor; and some the responsibility of neither party. Compounding the problem is the fact that the impact of multiple delay events may be experienced concurrently.

LEED Update Includes New Requirements for Accredited Professionals

"Being a LEED Accredited Professional (AP) has now become a full-time job," says Beth Holst, vice president of credentialing, Green Building Certification Institute (GBCI). Ten years ago, working on a LEED-certified project was a novelty. Today, it is the everyday norm at many design firms. In fact, reasons for LEED's 2009 changes and updates, released earlier this year, are in direct response to the skyrocketing population of LEED APs and LEED-certified projects.

Wisconsin First State to Require BIM for State Projects

Following in the footsteps of the General Services Administration, U.S. Army Corps of Engineers, U.S. Coast Guard and the Smithsonian Institute, Wisconsin has become the first state to institute a systematic adoption of Building Information Modeling (BIM) practices for state-funded construction projects.

Change Order Requirements Can Result in Lost Labor Costs

The typical Changes clause in a construction contract requires all changed or extra work to be authorized in advance by written, executed contract modifications. Sometimes the parties to the agreement follow this requirement consistently. Sometimes they ignore it. Sometimes they follow it intermittently.

In a recent case, a contractor asked a subcontractor to accelerate its work to make up time lost due to no fault

Turner Construction Hits Collaboration Home Run At Yankee Stadium with BIM Software

Though opening day at the Yankees’ new stadium met with disappointment from a stats perspective – a 10-2 loss to the Cleveland Indians—players and fans are thrilled with their new digs. And, they can thank Building Information Modeling (BIM) for some of that.

Turner Construction Company utilized Autodesk NavisWorks Manage software as an element in the modeling process used to complete the new Yankee Stadium project. As part of its construction management process, known as Virtual Trade Coordination (VTC), Turner used the latest BIM processes, Autodesk Revit-based products, and NavisWorks Manage software to help streamline workflow and collaboration among subcontractors.

USGBC Adds Building Performance Component to LEED Certification Process

As part of the U.S. Green Building Council's LEED v3, buildings seeking LEED certification will need to submit operational performance data on a recurring basis as a precondition to certification.

"Today there is all too often a disconnect, or performance gap, between the energy modeling done during the design phase and what actually happens during daily operation after the building is constructed," said Scot Horst, senior vice president of LEED, USGBC. "We're convinced that ongoing monitoring and reporting of data is the single best way to drive higher building performance because it will bring to light external issues such as occupant behavior or unanticipated building usage patterns, all key factors that influence performance."

Signing Bilateral Contract Modifications Can Increase Work Orders

A bilateral contract modification typically includes waiver and release language. The contractor acknowledges it is being compensated in full for the contract changes and releases the right to seek further compensation. If the contractor intends to reserve any claim and except that claim from the release, it must expressly so state. But what if that claim has not yet even arisen at the time of the contract modification?

How to Prepare Daily Construction Reports

The person who prepares daily construction reports undertakes the following roles:

• Communicator
• Factual documenter
• Recorder of events and facts
• Project contemporary (historian)                         

A contemporary is the recorder of contemporaneous documentation. Literally, this means that little or no time has passed to dilute or intertwine the items being recorded, thus making this documentation pure and strong.

The further away from the events, the more tainted the records become by one’s experiences andfeelings.  Facts stay facts.

Sears Tower Unveils New Name and $350 Million Sustainability Plan

Sears Tower has announced modernization plans to create unparalleled energy savings, reduce carbon dioxide emissions and promote economic development in Chicago's West Loop by creating more than 3,600 jobs.

A green building retrofit isn't the only change in store for the skyscraper, which opened its doors in 1973. The building is also getting a new name, the Willis Tower. London-based Willis Group Holdings has purchased the naming rights to the building, much like corporations do for sports arenas and stadiums.

Contract Review Critical -- When Outlining Design Documents

The large volume of design documents found in many construction contracts poses a challenge to a contractor. The contractor is charged with knowledge of everything in these documents and is required to coordinate and harmonize the various provisions. Yet the contractor necessarily relies on numerous trade contractors to interpret the work requirements.

In one recent case, the contract drawings did not depict a wet pipe sprinkler system in the mechanical areas. The specifications, however, mandated sprinklering in “all areas of the building.” The contractor’s fire protection subcontractor reviewed the fire protection drawings, but apparently did not see the mandate in the specifications. The contractor claimed that a directive to sprinkler the mechanical areas was a constructive change in the work requirements. Basic principles of contract interpretation and a standard government contract clause made this an uphill fight.

I would like to know how you review and harmonize design documents. How much of this function in performed by your own personnel and to what extent do you rely on your trade contractors?

Don't miss next week's featured stories in Construction Claims Advisor:

• Incomplete Drawings Did Not Create Conflict with Specifications

• Contractor Reserved Weather Delay Claim from Global Release

• Contractor Liable for Wages of Unlicensed Subcontractor