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10/21/2020· Construction

COVID-19 Claim Management on Construction Projects

By: Long International - Douglas Bassett

The COVID-19 pandemic has changed the internal and external project execution environments. The pandemic has caused impacts of varying degrees to nearly every aspect of projects involving the activity of people. Ordinary practices in the creation of project documentation are robust and are utilized to support the analysis of construction claims. Although project productivity losses may be demonstrable, providing compelling evidence and proof that the losses were caused by the pandemic may not be as easy to demonstrate.

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12/28/2019· Construction

As-Built But-For Schedule Delay Analysis

By: Long International

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.

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11/15/2018· Accident Prevention & Safety

Six Dangerous Misconceptions About Crane Safety

By: D. Larry Dunville

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.

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10/30/2018· Accident Prevention & Safety

Think You've Protected your Company From a Wrongful Death Suit... Think Again!

By: D. Larry Dunville

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

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10/11/2018· OSHA

Use of OSHA as Standard of Care in Negligence Cases-Expert Safety Witness Role

By: Greg Gerganoff

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.

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8/23/2018· Construction

Court Confirms Knowledge of Unlicensed Status Does Not Bar Claim for Recovery

By: Darryl Horowitt

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.

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6/21/2018· Construction

Court Determines Sanitary District Can Use Its Own Employees for Construction Projects

By: Darryl Horowitt

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.

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5/11/2018· Construction

Construction Alert: Bidding On Public Works Projects

By: Darryl Horowitt

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.

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4/16/2018· Construction

Why the Construction Establishment Resists Construction Management Agency as a Delivery Methodology

By: Sanford C. Loy

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!

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3/12/2018· Construction

Proving the Cause-Effect Linkage

By: Long International

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.

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