Once Upon a Time In Construction, The Impossible Hotel Completion: When Miracles Come At A High Price
Our client attentively listened to the project review regarding the challenges and delays associated with the forty-story hotel and shopping center. After some time, they expressed their confusion, stating, “I do not understand how this happened! I thought we were in...
MDCSystems® Taking Off with Commercial Drones
MDCSystems® has recently entered the commercial drone industry with its drone for various inspection and engineering evaluation services. The future for the commercial drone industry looks very bright. In 2015 the U.S. commercial drone market size was an estimated...
More Than Just Counting Rainy Days: Documenting Weather Delays
by Michelle N. Delehanty, PE, PMP
MDC Systems® 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.
The Surety’s Completion Alternatives for Defaulted Contracts
When faced with a default on their projects, many owners have unrealistic expectations concerning the surety’s obligations under the performance bond. Owners feel frustrated when the surety does not aggressively step in to complete the work. However, under most performance bonds, if the contractor/principal is in default, the surety may discharge its obligations by any one of the following alternatives: (1) finance the contractor/principal to complete the work; (2) obtain a new contractor to complete the work under a direct contract with the owner/obligee; (3) complete the work with a new contractor under a contract with the surety; (4) permit or require the owner/obligee to obtain a new contractor; and…
The Top Ten Documents Your Expert Will Request and Why
Hiring an engineering expert shouldn’t be an arduous task, although sometimes the process may seem overwhelming. Usually the claim is at the point where you want answers yesterday but because of resourcing, workloads, or budgets you are in a time crunch to find them. Even if you are not initially intending to use the services of an expert, gaining access to certain portions of data during discovery is a proactive way to ease trouble or scrambling down the road. Whether it’s for a third party opinion, an independent design, a mediation statement, or a testifying expert, the engineer you hire will likely need information from the sources discussed below.
What Standard? Under Whose Care?
Can 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.
Reasonably Relied Upon…
As a strong component of the sustainability initiative in buildings, energy use is rightfully taking its place as a leading metric in evaluating a building’s performance. Further emphasizing the importance of performance measurement is the expected roll out of an industry wide “Building Energy Performance” label which is intended to provide an objective comparison of energy use between buildings. Rating systems like Energy Star along with model energy codes look at both predictive energy use models and actual usage as crucial to determining a building’s true performance and rating. The USGBC’s newly issued LEED v3.0 rating system requires the initial certification, recertification and by extension the possibility of decertification of LEED buildings to be tied closely to comparisons of modeled and measured energy use over time.
A Global Owner Talks About Project Execution Completion
Interview with Joe Gionfriddo, Global Construction Process Owner of Proctor & Gamble
MDC Systems®’s Mitchell Swann met with Joe Gionfriddo at this year’s McGraw-Hill Global Construction Summit in Beijing, China in April 2006. Mr. Gionfriddo, the Global Construction manager – Corporate Engineering at P&G, was a part of a Panel Program entitled “What Do Global Owners Need?” which featured speakers form a number of global owners. We thought his comments and viewpoints were very insightful and would be of value to our Advisor readers. Below is a short interview we conducted with Joe Gionfriddo.
Construction Defaults: The Need for Expert Advice
A construction project in default is an emotionally charged situation, with many parties exposed and a lot of money at risk. The owner’s use of the facility will be delayed. The contractor’s work on the project and perhaps years in business may come to an end. The designer’s envisioned project is on hold. The surety faces an uncertain exposure.
What Corporate Counsel Needs to Know About Buying and Renovating Properties With Asbestos: Practical Strategies
Originally printed in The Metropolitan Corporate Counsel, April 1999
When legislation passed Congress 15 years ago, requiring schools to be inspected for asbestos, a new industry was born. Surveying the nation’s schools was a big task, performed in the public eye. This article looks at the evolution of trends and public perception relating to asbestos abatement in management, abatement methods, pricing, competition, health risk, legal liability, and court precedent.