More Than Just Counting Rainy Days: Documenting Weather Delays

mdcsystems.com construction project analysis, claims and forensic engineer company-Documenting Weather Delays

by Michelle N. Delehanty, PE, PMP
MDCSystems® Consultant

According to the farmer’s almanac, this upcoming winter is predicted to be more severe than last year, which already seems as if it were one for the record books. For many regions throughout the United States, that means a multitude of storms, extreme cold, and potential closings to schools, offices, and, most problematic, construction sites. These closings of construction projects can lead to schedule delays, change order requests, and ultimately claims. In order for a contractor to justify to the owner that there is indeed a weather-related construction delay, they must demonstrate four specific things: (1) that the delay is within the terms of the contract (2) that the activity delayed had a direct effect on the project end date (was on the critical path), (3) the weather event occurred in excess of the “normal” weather for the season, and (4) there is documentation of which specific activities were delayed on each weather occurrence.

What Standard? Under Whose Care?

mdcsystems.com construction project analysis, claims and forensic engineer company-design build

By Robert C. McCue, PE and E. Mitchell Swann, PE
Consulting Engineers, MDCSystems®

design-build-graphicCan a Designer or Owner shift responsibility for design errors and omissions by requiring an enhanced effort for construction coordination drawings by contractors?

To answer this question we will recount an example project that was bid as Design-Bid-Build where the fundamental element of the dispute was design defects with regard to spatial arrangement and sizing of system features.

The Dreaded Change Order

mdcsystems.com construction project analysis, claims and forensic engineer company-Dreaded Change Order

by David LaPenta, Vice President, Remington Group, Inc.

We have never met an Owner who was happy to hear, “We need a change order.” What we’ve learned over the years is that even though change orders are facts of life in construction, there are strategies to help you avoid them.changeorders-graphic

Change orders (CO) fall into two categories – owner driven and non-owner driven. Both can be mitigated.

Owner driven change orders happen when Owners change their minds, adding a window here or changing the carpet there. We’ve even seen buildings moved and floors added mid-project, which leads us to the first CO avoidance strategy

The Standard of Care in a Design Build World

mdcsystems.com construction project analysis, claims and forensic engineer company-The Standard of Care in a Design Build World

By Robert C. McCue, PE and E. Mitchell Swann, PE
Consulting Engineers, MDCSystems®

Design-Build Delivery can create new responsibilities for designers where they would not exist in traditional Design-Bid-Builddelivery situations and require new awareness on the part of contractors to the iterative and uncertain world of conceptual design. These new responsibilities require a paradigm shift for both Designers and Contractors as the realities of working together challenge the leadership of the organizations.

For designers the change requires them to abandon their traditionally “client only” focused advice and consent role and adopt a new paradigm of working for, or with, the contractor to deliver an acceptable and profitable product. For the contractor working with and supporting the designer changes the very nature of their previous working relationship. The contractor is now working with and for the people they are all too often at odds with concerning project delivery.