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Only as Strong as the Weakest Link
E. Mitchell Swann, P.E., of MDCSystems® & James W. Haile Jr., C.P.M., of JWH & Associates...
Court Has No Jurisdiction Over a Contractor Claim that Was Based on an Issue Raised to the Contracting Officer for Final Determination but Not Sufficiently Detailed and Explained
Where a contractor amended its complaint in an action against the United States to include a claim for remission of liquidated damages on the basis that it was entitled to a time extension, but the contractor did not explain why it was entitled to a time extension in its original letter to the contracting officer, the court had no jurisdiction over the claim.
Covering you @ in an Electronic World of Discovery
120,000 emails, 9 months. I recently counted the number of emails I either sent or received in a single day. I was surprised at the number: 67. If you multiply that by a 10 person operation, over the course of a 9 month project, you have a total of over 120,000 emails sent and received during that time period. Add onto this Excel files, electronic schedules, digital photos, drawings, etc… and you have quite a large data set. The construction industry today, like most businesses, has entered an age where a staggering amount of electronic data, files and emails are created during the course of a project. Managing this amount of information can be a challenge in the course of everyday business. If litigation results from the project, this large body of electronic information can create an expensive problem.
Owner Beware: Stucco is Not Maintenance-free
ater can get into the exterior building envelope, including the stucco wall system through cracks, improper sealants, improper flashing, and high-sitting plant beds. Keeping up with the maintenance of your home in these areas is the easiest way to prevent moisture issues. Performing a simple visual inspection of the exterior of the wall system on a regular basis (once or twice per year) for holes, significant cracks, or separations as well as noting changes from your previous observations is a great way to keep yourself abreast of potential issues.