This Article is unavailable. Contact Us
The courts have been busy dealing with issues relating to bidding on public works projects. Two recent decisions have been issued: Great Western Contractors, Inc. v. Irvine Unified School District (2010) 2010 DJDAR 13815 and Schram Construction Inc. v. The Regents of the University of California (Southland Industries) (2010) 2010 DJDAR 13398.
The construction industry is gigantic.....it has been around for centuries in this country alone....an industry with that much inertia does not embrace change easily. Introducing new processes and methodology is much like trying to turn an aircraft carrier with a boat oar. You can get beat up pretty good and not even effect the ship!
Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.
The leader of a corporation or project is the individual who must ultimately be willing to take responsibility for results. Within the context of an organization or team made up of individuals, it is the collective performance of the individuals, as a team, that defines the results of the whole. While it can be said that the best motivation is internal motivation as opposed to external motivation, the leader is ultimately the one responsible for creating the conditions where motivation can thrive.
Initially developed in 1915 with an "Office Measurement Standard", the Building Owners and Managers Association (BOMA) has continued over time to establish a uniform industry process model to measure spaces within a variety of building designs and tenant amenities. Architects, Interior Designers, Building Owners, Appraisers, Contractors, Brokers and many other professionals benefit from these BOMA consistent benchmarking tools to establish value and communicate a common language in measuring the complex diagnostic of building floor areas.
Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.
Engineering involvement with property losses demands an open technical mind that can look at the bigger picture, sometimes beyond the scope of work initially requested by the adjuster or insurance company. Engineering law requires the professional engineer to protect "public health, safety, and welfare. "Sometimes specific technical requests are made to a forensic engineering firm that lead to much broader technical involvement in order to ensure compliance with engineering law and the protection of the public. Is it a benefit for an engineer to look at a broader picture when investigating a loss event, even if the scope of work has been specified? Let's examine two examples.
In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. However, there is no universally accepted method for estimating the resulting loss of productivity, and many of the studies commonly used to estimate such losses have been subject to criticism by industry experts and the courts.
What is the first thing I should do if my home got flooded? Call your flood insurance company and file a claim, preferably before August 31st, when the flood settlement rates go down. How can I find out if I have flood insurance, and who to call?
ln our current climate of economic prosperity and rising real estate values, the prevalence and usefulness of construction litigation may be on the wane. Much of the litigation and expert opinion in recent years has resulted in unrealistic repair schemes for the sole purpose of producing a settlement among parties to the litigation. When a plaintiff expert recommends a "remove and replace in its entirety"1 scenario (for example, arguing that all exterior stucco must be demolished and reinstalled due to a lack of expansion joints), the defense expert frequently advocates a more modest "fix what's broken" scheme to provide a minimum repair at the lowest cost. This process consumes considerable time and resources, and creates a difficult environment in which to craft a settlement. More often than not, neither party is pleased with the outcome; unreasonable plaintiff positions often result in settlement amounts ranging between 15 to 25 percent of the claim amount.