ConstructionAdvisorToday

Should Contract Claims Be Consolidated in a Single Action?

While construction contracts usually require the contractor to provide prompt notice of an occurrence giving rise to a claim, the actual adjudication of the claim – the determination of owner responsibility and the recovery of costs – is another matter. Contracts frequently mandate an attenuated process of nonbinding mediation and other administrative procedures. A final decision on the merits of the claim may be years away.

Cleantech Releases Comprehensive Analysis of Energy-Efficiency Innovations in Office Buildings

Steve Rizer, Editor
Green Building Insider

The research and advisory firm Cleantech Group has released a comprehensive analysis of energy efficiency innovations in commercial office buildings. The report, "As Energy Efficiency Booms, Buildings Get a Brain," was produced through research and interviews with corporations, investors, early stage ventures, and industry influencers.

"Our analysis shows that energy efficiency is poised to overtake solar as a top investment category in 2010, and commercial buildings represent a prime target," Cleantech President Sheeraz Haji said. "Lower investment costs, financial incentives, and faster payback periods are fueling product competition as data-driven technologies battle over the building's brain."

CertainTeed Gypsum Unveils BIM Objects

CertainTeed Gypsum recently announced the introduction of building information modeling (BIM) objects for building, design, and construction professionals' use in project design, specification, and scheduling.

The objects are available through Reed Construction Data's SmartBIM Library and include details and systems incorporating the following: GlasRoc Sheathing and Tile Backer; ProRoc Gypsum Board; and ProRoc Moisture and Mold Resistant Gypsum Board with M2Tech. Providing Autodesk Revit users with access to manufacturer-specific systems in context makes it easier for design professionals to streamline project specification and workflow.

Establishing Contractor Breach of Warranty

It is standard for a contractor to warrant that its completed work is free from defects and complies with the contract documents. This warranty does not provide the project owner with indefinite protection, however. State law imposes statutory limitation periods on warranty claims. But do these limitation periods start to run when the owner first discovers defective work? Or is the period triggered only by the contractor’s breach of the warranty obligation?

Indoor Environment Groups Partner to Facilitate Industry Standards

The Indoor Air Quality Association (IAQA) and Indoor Environmental Standards Organization (IESO) have joined forces to facilitate the "timely development" of industry standards. Under a recent agreement approved by the boards of directors of both organizations, IESO has become a wholly‐owned subsidiary of IAQA. Both organizations retain their non‐profit 501(c)(6) status and independent boards.

Applied Software Joins FM:Systems Business Partner Program

Applied Software, which provides BIM solutions, earlier this month announced that it has joined the FM:Systems Business Partner Program. FM:Systems is a player in the integrated workplace management systems and computer-aided facility management software market.

Applied Software partnered with FM:Systems in order to provide building owners and operators with full lifecycle building solutions, from building concept through design and construction to building management. FM:Systems provides a link between the design and construction community and operations. Applied Software selected FM:Systems due to its configurability, ease of use, and integration with Autodesk products. 

Written Notice Requirements: Legitimate Protection or Legalistic Trap?

Construction contracts are rife with requirements that the contractor provide the owner or owner’s representative with written notice of occurrences: delay, changed work, unforeseen site conditions, anything that can lead to a contractor's claim for relief under the contract. The issue which arises time after time is whether the contractor’s failure to provide timely written notice deprives the contractor of a remedy.

Lennox Announces Availability of BIM Objects for Energence, Landmark Rooftop Product Lines

Lennox Industries Inc. recently announced the availability of BIM objects for the Energence and Landmark rooftop product lines.  "Designers can now easily integrate Energence and Landmark rooftop units from us into their digital plans using BIM objects downloaded from www.LennoxCommercial.com," according to the company.

The 3D REVIT models include complete product parameters and unit performance information on three- to 50-ton Energence rooftop units and two- to 25-ton Landmark rooftop units. The Revit families also provide cooling and heating capacities, electrical loads, and the size and location of electrical, gas, duct, and condensate connections.

Concrete Sustainability Group Reveals Goals, Initiatives

The Concrete Joint Sustainability Initiative (Concrete JSI) recently unveiled its 2010 goals and initiatives to align sustainable development activities within the concrete industry.

Formed last year, Concrete JSI is a group of 26 concrete associations dedicated to promoting the sustainable attributes of concrete as a building material. Initially chartered by the American Concrete Institute, National Ready Mixed Concrete Association, and the Portland Cement Association (PCA), the group was formed to align advocacy, technology, and educational resources related to concrete sustainability. 

The Role of the Owners Representative

Many milestones in a construction project are established or acknowledged through certification by a third party designated by the project owner. This individual, stipulated in the construction contract, is typically the project architect or engineer. It may be a different owner’s representative. But the operative word is owner’s representative.

The denial of certification or a delay in certification can be very costly for a contractor. The contractor, however, has very little influence over or leverage with the certifier. The certifier is the agent of the owner with a duty to protect the owner’s interests. The certifier has few obligations to the contractor, possibly just the obligation to avoid bad faith or fraud.