The Internet of Things : Managing Risk & Reward
A hot topic in the industry today is the “Internet of Things” (IoT). The IoT is the use of “smart” devices, transmitters and systems to facilitate the real time transmission of information, control of equipment and optimized operation of systems; often including or via some Internet-based communication network. The objective is to make the information available anywhere, easily and in real time to improve decision making and operations. Information is collected by the devices and transmitted via a wireless network to a centralized and/or cloud-based “head end” and control commands are sent back via the same system. The IoT has been enabled by advances in the miniaturization of computer processing power, the development of interoperable communications and processing platforms and the growing ubiquity of high-speed, wireless, broadband networks. That’s the stuff that puts your email on your smartphone.
Contractor’s Conduct Negates Pay-If-Paid Clause
Under “pay-if-paid” clauses a subcontractor is not entitled to payment if the owner fails to pay the general contractor, regardless of whether the subcontractor was at fault. General contractors use these clauses to assign to their subcontractors the risk of owner nonpayment.
Construction Defect Inspector Protected Against Contractor Defamation Suit
Where homeowners retained an inspection firm to investigate the cause of their leaky roof, the inspector issued a report stating that the roof had been installed years earlier over fiberboard roof insulation that was soaking wet, thereby causing the later leakage. When the homeowners then sued the contractor for construction defects, the contractor brought a third party defamation action against the inspector, asserting that the statement about the roof being installed over wet insulation was false and defamatory. Summary judgment was granted for the inspector by the trial judge, and this was appealed by the contractor. On appeal, the court found that the statement by the inspector could indeed be actionable as defamation, but that a conditional privilege existed to publish the statement to the homeowner to serve the purposes of the contract between the homeowner and inspector. There are several lessons to be learned from this decision as explained herein. Downey v. Chutehall Construction, 86 Mass.App.Ct. 660, 19 N.E. 3d 470 (2014).
Design–Build In Name Only
Owners and Contractors should ask the following questions and carefully consider the answers before identifying a new project as Design-Build. It seems that almost every undertaking is now labeled as Design–Build.
It Seemed Like a Good Idea at the Time
The Importance of Systems Thinking and Integration in Project Delivery
Recently the global marketplace has been buffeted about by news of the recall of children’s toys by several major manufacturers and by the collapse of the subprime lending market including its investment derivatives and related impacts on credit and capital markets worldwide. These items might seem completely unrelated to each other, not your typical project management or construction topic. Try this; think about each scenario as a portrait of a system and consider the impact on a project if the system components are misaligned.