ConstructionAdvisorToday

Is the Duration of an Event a Site Condition?

A Discussion of differing site conditions usually focuses on the degree of difference. To what extent did the actual conditions in the field differ from the representations in the contract documents? Or, to what extent did the conditions in the field differ from what an experienced contractor could reasonably anticipate? Rarely is there any discussion of what constitutes a site “condition.”

The Virginia Supreme Court recently addressed this question. The Court said the duration of high water could not be a “Type I” differing site condition regardless of deviation from representations in the contract documents. The duration of the high water was not a latent physical condition which existed at the time of contract formation. Fortunately for the contractor, the Court ruled that the duration of the high water was so unprecedented it could not have been anticipated and constituted a “Type II” differing site condition.

Zero Net Energy Action Plan Launched in California

California's Public Utilities Commission (CPUC) and state business leaders have launched a 2010-2012 Zero Net Energy (ZNE) Action Plan for the state. The effort is designed to help commercial building owners in the state take advantage of the latest technologies and financial incentives to help reduce building energy use to "net-zero" through greater efficiency and on-site "clean energy" production.

ZNE buildings have a net energy consumption of zero over a typical year. On-site solar, wind, and other renewable energy resources generate the amount of energy used by the building. To date, California is estimated to have more ZNE buildings than any other state. Technologies needed to achieve ZNE, including high-performance lighting and distributed generation such as rooftop solar, are considered widely available and incentivized.

Construction Productivity Developments Emerge in United Kingdom, Singapre and Australia

Several developments involving construction productivity have emerged in the United Kingdom, Singapore, and Australia.

Among the developments, the U.K.'s Department for Business Innovation & Skills (BIS) recently released information indicating that the construction industry average productivity per employee increased by 15 percent in 2009, the sharpest increase in the last five years.

Construction Scheduling -- Key to On-Time Performance and Increased Profits

Experience this Professional 8-Hour Construction Schedule Training Course
with Dr. Saleh Mubarak, Ph.D.

One of the World's Leading Professors Specializing in Planning, Scheduling, Project Control and Cost Estimating
Use of critical path method (CPM) scheduling is one of the few tools that actually help contractors and subcontractors and construction managers improve efficiency and processes, plan better logistics and help foresee and document possible delays. CPM schedules are the Excel modeling tool of construction activities — they can help you find better ways to build your project, improve crew workflow and minimize costly equipment rentals. Most large contracts require schedule submissions. And for many projects, competence in scheduling can help you up the pre-qualification ladder. This 8-hour training on DVD will teach your construction staff how to prepare and use a CPM schedule for more cost-effective and timely project completion.

     

Lack of Transparency Masks Favoritism in Bidding Process

A key ingredient of the competitive bidding process is transparency. Everyone has access to the required scope of work and the budget available to procure that work. Once sealed bids are opened, they become public information. When a bid is accepted for contract award, grounds for selection are stated on the record.

Transparency keeps the competitive bidding process honest. It also maintains public confidence in the integrity of the system. When procurement authorities refuse to operate in the open, it should be cause for concern.

New Law Expected to Reduce Interior Formaldehyde Emissions

President Obama recently signed into law a bill (S. 1660) to reduce chemical emissions from certain wood products and materials that are used in commercial office buildings and other structures.

The new law amends the Toxic Substance Control Act to establish the first national emissions standard for formaldehyde in new composite wood products and is considered the most rigorous production standard worldwide. The measure requires the U.S. Environmental Protection Agency (EPA) to develop a new federal regulation by January 2013 to implement its provisions, which will become effective in July of that year.

Viewpoint Sees 42% Increase in New Customer Adoption of its V6 Software in First Half of 2010

Viewpoint Construction Software, a Portland, Ore.-based company focused solely on developing construction-specific software, reported that during the first half of this year it experienced a 42 percent increase in new customer adoption of its V6 Software.

"In addition, overall interest in obtaining information about our products jumped 138 percent during the first half of the year as measured by inquiries and product demonstrations," according to Viewpoint. "Despite a challenging economy for many construction businesses, the amount of interest in our software and the continuing high level of new customer adoption indicates that progressive firms are looking to update their core technology to improve efficiency, productivity, and competitiveness."

The 10 Most Commonly Overlooked Considerations in Preparing for an Epic Construction Arbitration Encounter

Exclusive Webinar:
Thursday, September 23, 2010

In a large, complex construction arbitration, there are a number of what seem to be obvious or mundane matters, mechanics and subtle nuances that are often disregarded. Parties to an arbitration can dramatically increase their effectiveness by taking these issues into account in preparing for an arbitration.  Randall L. Erickson, an experienced arbitrator, will address the 10 most commonly overlooked considerations, offering simple, but critically important tips to ensure a smooth-running and results-oriented arbitration. After attending this event, you will walk away with practical strategies which will radically enhance their likelihood of success in effectively arbitrating a large, complex construction case.  For additional registration details, click here.

Alternative Bidding: Wise Budget Management or Manipulation?

Alternative bidding is an effective tool which enables a public project owner to craft a contractual scope of work which fits its budget. Alternative bidding is also a tempting means for owner manipulation of the outcome of the bidding process.

AIA Seeks Passage of PACE Legislation

The American Institute of Architects (AIA) recently urged Congress to approve legislation that would guarantee local governments the right to establish clean energy programs through Property Assessed Clean Energy (PACE) bonds. In mid-July, Sen. Barbara Boxer (D-Calif.) introduced PACE legislation (S. 3642) in the Senate, and Rep. Mike Thompson introduced a comparable measure (H.R. 5766) in the House.