ConstructionAdvisorToday

No-Damage-For-Delay Clauses: An Appropriate Allocation of Risk?

 No-damage-for-delay clauses purport to place all the risk of construction delay with the contractor. These clauses typically disclaim any owner responsibility to the contractor for delay or disruption, regardless of the cause. The contractor waives the right to damages or increased compensation for delay. The contractor’s sole remedy is an extension of the performance period.

Tremendous Interest Reported for Upcoming High-Performance Building Standard

There has been "tremendous interest" in a soon-to-be-published Standard 189.1, which addresses the design of green buildings other than low-rise residential buildings, American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Presidential Member Kent Peterson told GBI. ASHRAE is developing the standard with the Illuminating Engineering Society (IES) and the U.S. Green Building Council (USGBC).

Mandatory Arbitration Sometimes Clashes with Statutory Remedies

The binding arbitration of disputes on private construction projects has become commonplace in recent decades. While arbitration has its critics (and there are some valid criticisms), its popularity demonstrates its appeal as an expeditious means of resolving disputes. Statutes and case law leave little doubt regarding the enforceability of arbitration clauses and arbitration awards. But mandatory arbitration can present some interesting twists for the parties to those agreements.

Cost Estimating in BIM: The Fifth Dimension

This article compares cost estimating in building information modeling (BIM) to the traditional process of cost estimating. Professional estimators know there is more to cost estimating in BIM than simple automation of estimating from objects to spreadsheets.

Educational Pathway is Top Feature at New Shoreline City Hall Building

Design-build real estate developer Opus Northwest LLC, together with architectural partner LMN Architects, has announced completion of the first phase of the $33 million, 67,000-square-foot city hall and civic center for Shoreline, Wash.

Construction Budget Overruns and Project Risks to Be Addressed

The current economic climate demands constant vigilance. Construction owners and contractors must watch out for budget overruns and project risks. A BIM expert and a seasoned construction attorney will partner with WPL in a 90-minute webinar: Practical Steps and New Tools for Design & Construction: Achieve More Reliable Budgets and Better Cost Control.

Blockbuster Liquidated Damages Raise Questions

Bruce Jervis, Esq., Senior Editor
Construction Claims Advisor

Contractors regularly sign contracts with the awareness the contract stipulates liquidated damages for late completion of the project. When later faced with the withholding of a substantial liquidated damages assessment, the contractor argues that the amount is excessive and the clause is an unenforceable penalty.

Construction In Heaven

It has been said that the bid estimate is the cost of construction in heaven. That is, the bid estimate too frequently assumes nothing will go wrong, the contract documents actually mean what they say, and the weather will be perfect.  How frequently it seems the project turns out to be not quite what the estimator expected. And, too frequently as well, it seems the estimator fails to take into account that work expands to fill the time allotted, so if a task is scheduled to take a day for three people, it will require 24 hours of labor to complete even though the estimating guide says it can be done for 18.6 hours.

USGBC Announces Winners of Green Building Education Recognition Awards and Incentive Grants

The U.S. Green Building Council (USGBC) has awarded the 2009 Excellence in Green Building Curriculum Recognition Awards and Incentive Grants to organizations and institutions spurring existing green building education projects, activities or programs, and developing new green building curricula. The initiative is a central component of USGBC's commitment to identify and disseminate innovative green building curricula to educators across the country.

When Should a Bid Irregularity be Waived?

Bruce Jervis, Esq., Senior Editor
Construction Claims Advisor

The competitive bidding process is extremely structured. This is intended to produce the lowest price for the public by preventing fraud and favoritism. It is also designed to provide competing bidders with a fair, level playing field. Sometimes these goals work at cross purposes.