A general contractor considering a major entitlement or other ADR claim against an owner often has both financial as well as relationship issues to consider before committing the company and its liquidity resources to pursuing new litigation. Knowing the financial options, including the availability of non-recourse litigation funding, can provide clarity and peace of mind in making the decision.
An As-Built But-For Schedule Delay Analysis (ABBF) is a retrospective CPM schedule delay analysis technique that determines the earliest date that the required mechanical completion activity, project completion activity, or various milestone activities could have been achieved but-for the owner-caused compensable delays that occurred during the project.
Newer contracting methods such as CM, CM-Multi Prime, CM at risk, are now being deployed by owners hoping to gain more control over, and success with, the contracting process. As with most things, each method has its own pros and cons. However, one often over looked aspect is how these methods may effect safety performance on the project
Knowing how cranes should be used, and how they should not be used, is critical to crane safety. Overload, side pull, limit switches, secondary braking devices, using the reverse direction for speed control, and daily inspections are surrounded by myth and mystery in the workplace.
Think you've done everything a prudent person should do to make sure your workers are safe? Think you've done everything necessary to protect yourself and your company against a wrongful death suit? Well, I've got news for you, it's not good and here's why
When personal injury events occur legal negligence actions may arise. Common law negligence is established by plaintiff showing defendant owed plaintiff a legal duty, to conform to a standard of care, defendant breached that duty, plaintiff suffered injury and there is a causal relationship between the breach and injury.
In a previous edition of Construction Alert we reported to you on White v. Cridlebaugh (2009) 178 Cal.App.4th 506, in which the court confirmed that an unlicensed contractor could be sued for recovery of funds, even though the owner had received a benefit from the work performed by the unlicensed contractor. In that case, the owner was unaware that the contractor was unlicensed until after the work was performed.
The Public Contracts Code generally provides that contracts for certain dollar amounts, generally exceeding $15,000 to $25,000, must be sent out for bid and let to the lowest responsible bidder after appropriate notice is given. Public Contracts Code § 20803, which governs sanitary districts, contains such a requirement for any contract exceeding $15,000.
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!