ConstructionAdvisorToday

Are No-Damage-for-Delay Clauses Fair?

No-damage-for-delay clauses can produce harsh results. Under the plain language of these contract provisions, the contractor waives the right to recover any damages of any kind incurred as a result of any delay or disruption of any nature, regardless of cause or fault. The contractor’s only remedy is an extension of the performance period.

Construction Professionals Urged to Watch Out for the Risks of Building Green

There are several risks to look out for when entering into a green building project, building forensics expert George DuBose warned attendees of a webinar that WPL Publishing held last week. During the 90-minute interactive event, “What Happens When Green Becomes Code: Do Buildings Get Better or Do Lawyers Get Richer?,” he advised a target audience of public and private owners, design professionals, engineers, architects, contractors, subcontractors, manufacturers, suppliers, and construction law attorneys to beware of the following four risks associated with green building projects:

First Wave of Construction Professionals Receive Accreditation Through BIM Education Program

Thirty-four people have earned what is believed to be first assessment-based credential to recognize construction professionals for their ability to use building information modeling technology. The Associated General Contractors of America (AGC) offers the accreditation, called the Certificate of Management-Building Information Modeling (CM-BIM).

Do Public Owners Use Bidder Experience Requirements to Manipulate the Bidding System?

During the competitive bidding process, it is customary for the public project owner to determine whether the low bidder is “responsible.” This entails an evaluation of the bidder’s resources and experience. The responsibility determination is controversial because it occurs after bids have been opened and prices exposed. It also involves some subjective or arbitrary evaluation criteria. No evaluation factor is more prone to abuse than bidder experience.

Grants on the Way for Getting Habitat for Humanity Homes Green-Certified

The Sustainable Forestry Initiative Inc. (SFI) will provide funding to get 25 Habitat for Humanity Homes green-certified. The NAHB (National Association of Home Builders) Research Center will use funds coming from SFI’s Conservation and Community Partnerships Grant Program to support Habitat affiliates in Delaware Georgia, Iowa, North Carolina, and elsewhere. All of the homes are expected to meet the NAHB’s ANSI/ICC 700-2008 National Green Building Standard. 

Autodesk Acquires Provider of CAD, CAM, Estimating Software

Autodesk Inc. has acquired Micro Application Packages Ltd. (MAP), a United Kingdom-based provider of CAD, CAM, and estimating software that supports fabrication and construction for the mechanical, electrical, and plumbing (MEP) industry. The acquisition is expected to help Autodesk support the evolution to model-based design workflows among MEP contractors, engineers, designers, and fabricators who provide design, detailing, estimating, and manufacturing services for MEP systems.

Is 'Total Cost' Pricing of Lost Labor Productivity Fair?

No claim is more difficult to quantify than one for lost labor productivity caused by delay and disruption. Delay may force work to be performed under more difficult conditions. It may be inclement weather. It may be a jobsite congested with multiple trades. Delay may also cause work to be performed in a start-and-stop fashion or out of sequence.

IFMA Reports Increased Emphasis on Energy Efficiency

Three out of five surveyed International Facility Management Association (IFMA) members have reported that they are paying more attention to energy efficiency than they did a year ago. This finding and others indicating an increased emphasis on energy efficiency among executives and buildings owners who have a hand in energy management and investment decisions are included in the fifth-annual Energy Efficiency Indicator report that IFMA recently released.

Database of IFC-Compatible Software Applications Unveiled

BuildingSMART has unveiled a database of software applications that are compatible with the Industry Foundation Classes (IFC) standard, a move designed to provide an official reference resource for architecture, engineering, and construction industry software users. The database, posted on the organization’s website, lists more than 100 applications and will be updated.

Should Lack of a License Always Be Grounds for No Payment?

State licensing of construction contractors is prevalent. The purpose is to regulate the industry for the protection of the public, including homeowners, commercial project owners, and even public project owners. A contractor must have the appropriate license prior to entering into and performing a construction contract.