ConstructionAdvisorToday

Intentional Misconduct By Owner Representatives

Bruce Jervis, Editor
Construction Claims Advisor

Project owners use independent representatives for a wide variety of services during the construction process. When administering the project, the representative’s primary obligation is to its client, the project owner. If the project owner is a public entity, the representative is cloaked with a degree of immunity when exercising its independent business judgment on behalf of the owner. But this does not mean the representative has no obligation whatsoever to bidders or contractors.

Virginia Becomes First State to Use Core Criteria from CHPS to Design a High-Performance Building Rating System

Virginia has become the first state to use the new Collaborative for High Performance Schools (CHPS) "core criteria" to design a high-performance building rating system.

The new Virginia CHPS Criteria (VA-CHPS) assessment tool was made available for public review Nov. 2. VA-CHPS is expected to create a benchmark for the design and construction of Virginia high performance school buildings that are "efficient, comfortable, environmentally responsible, and healthy spaces to learn."

Reed Construction Data, Source2 Form SmartBIM Llc.

Reed Construction Data (RCD) and Source2 earlier this month announced the formation of a new company, SmartBIM LLC, which has acquired the BIM Solutions division of RCD with a plan to maximize its potential. The new company is led by Arol Wolford and backed by Source2, a private investment group led by James Wilson.

CPM Scheduling Conference Promises Comprehensive Education Program And Unique Networking Opportunities

In just a few short weeks, scheduling author and engineer Fredric L. Plotnick, Ph.D., Esq., P.E., will open his first annual Construction CPM Conference.  Starting Jan. 12 in Orlando, FL, this three day multi-track conference features construction management experts, consultants and vendors to explore all aspects of construction scheduling.  Tracks include best practices, claims support, earned value, case studies, training sessions and clinics.  Notable keynote speakers include Joel Koppelman and Dick Faris of Oracle Primavera, John Owen of Deltek Open Plan, and Irv Richter of Hill International.  Highlights of the event include an exhibit hall with multiple vendors of CPM software and on Saturday Jan. 15, a mock trial to understand the do's and don'ts of testifying as a schedule expert in a construction litigation case.  For more information, visit www.constructioncpm.com.

How Much Risk Is Shifted By Pre-Bid Site Inspection?

Bruce Jervis, Editor
Construction Claims Advisor

Contract documents usually call for a pre-bid inspection of the site. The successful bidder acknowledges that it is familiar with the conditions under which it will be performing the work and accepts the risks posed by those conditions. But what does this really mean?

Army Adopts New Policy for Green Buildings

The U.S. Army has adopted a new policy in an effort to improve its standards for high-performance green buildings. Energy savings resulting from the new policy are expected to total 45 percent over buildings built to current standards, according to the military branch.

Katherine Hammack, assistant secretary of the Army for Installations, Energy and the Environment, Oct. 27 issued the new policy memorandum, entitled "Memorandum for Sustainable Design and Development Policy Update (Environmental and Energy Performance) (Revision)." The memo is intended to change the way the Army will approach efficient design of Army facilities. Requirements throughout the planning, programming, budgeting, design, and building stages are expected to strengthen the Army's sustainability, energy security, and energy independence through more responsible consumption and planning.

Federal Agency Issues Notice Addressing BIM, Among Other Things

The U.S. Department of Health and Human Services (HHS) has issued a small-business-sources-sought (SBSS) notice that in part addresses BIM. The department emphasized that the SBSS notice is not a solicitation or request for proposal, abstracts or quotations.

The purpose of the notice is to obtain information regarding the following: the availability and capability of qualified HUBZone small businesses; service-disabled, veteran-owned small businesses; and 8(a) small disadvantage businesses. Responses are expected to assist the federal government in determining the appropriate acquisition method, including whether a set-aside is possible.

Should Private Project Owners Disclose Bid Prices?

On public construction projects, bid prices are generally a matter of public record. On private projects, of course, this is not the case. The private project owner has no legal obligation to disclose bid prices to the bidders. A recent Tennessee court decision illustrates, however, the drawbacks to keeping this information too close to the chest.

Of the four bids received, the low bid was approximately $3.3 million and the second low bid was $5.2 million. The private project owner suspected a mistake. The owner declined to disclose the bid price spread to the low bidder, but said the bid was lower than the owner’s estimate. The bidder confirmed the accuracy of its bid and signed the contract.

Webinar to Focus on Architectural Copyrights, Professional Responsibility in Era of CAD, BIM

In just a few days, WPL Publishing will host a webinar for construction professionals addressing architectural copyrights and professional responsibility in an era of computer-aided design (CAD) and building information modeling (BIM).

The tools of project delivery increasingly involve the exchange and merging of ideas and propriety information in electronic form. More often than not, that information is the subject of copyright and other intellectual property right protection. Although changes in technology often can outpace the laws and regulations governing design, construction, and professional responsibility in the digital age, understanding the framework of those laws in the context of building construction is important to ensure orderly project delivery and the safety of those who build and use buildings. The 90-minute webinar, scheduled for Thursday, Nov. 18, 2010, at 1:00 p.m. (EDT), aims to help professionals understand and address these issues.  For details, click here.

Researchers to Lead $2-Million Effort to Improve Green Construction

Researchers at the University of Pittsburgh will lead a four-year, $2-million federally funded project to revamp sustainable construction by investigating "the true environmental presence" of current green buildings and redesigning the scientific method that guides sustainable construction. The researchers then will integrate their work into a digital simulator that is expected to predict a structure's ultimate footprint based on construction and performance decisions.

Melissa Bilec, a professor of civil and environmental engineering in the university's Swanson School of Engineering, received an Emerging Frontiers in Research and Innovation grant in Science in Energy and Environmental Design (EFRI-SEED) from the National Science Foundation to lead a group of Pitt and Carnegie Mellon University researchers in evaluating and expanding the scope of life-cycle assessments (LCAs). When used in construction, LCAs analyze a building's environmental impact throughout its entire existence, from the production of its basic components and raw materials to eventual demolition and disposal.