Fukushima – The Rest of the Story
Fukushima - The Rest of the Story[1] ( AKA Paul Harvey ) By Robert C. McCue, P.E. The complete Japanese investigation of the Fukushima Daiichi Nuclear Plant disaster of 2011 was recently released in a 641 page report ( the “Official Report”) with the conclusion that...
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).
Building Envelope Investigations
MDCSystems® has performed building exterior envelope investigations for over forty years on all types of residential, commercial and industrial buildings. Some of these investigations have included unique aspects of work concerning:
Understanding and Surviving Project Complexity
The article Complexity is Often the Culprit in Cost Overruns and Delays was published last year in the MDCAdvisor® (March, 2014) and garnered much feedback. In today’s article we will revisit the Complexity and Systems Thinking topics and foster additional discussion of how andwhy project failures are driven by complexity. Complexity often arises to frustrate even the best efforts of Architects, Engineers and Contractors working to complete projects on time and budget.
Risk, Risk Management and Reward in Project Execution
Robert C. McCue, P.E. MDCSystems® Consulting Engineer Risk and risk sharing means different things to different people. It may not be possible to eliminate all risk in undertaking capital projects. Owners will attempt to shift risk onto contractors through contract...
Construction Manager at Risk Held to Assume the Risk of Design Changes on Massachusetts Public Construction Project
Written by James D. Hollyday, Partner, Pepper Hamilton, LLC
Republished with permission. This article was originally published in the May 2015 issue of AGC Law in Brief.
“Construction management at risk” or “Construction management at risk services” or “Construction management at risk delivery method,” a construction method wherein a construction management at risk firm provides a range of preconstruction services and construction management services which may include cost estimation and consultation regarding the design of the building project, the preparation and coordination of bid packages, scheduling, cost control, and value engineering, acting as the general contractor during the construction, detailing the trade contractor scope of work, holding the trade contracts and other subcontracts, prequalifying and evaluating trade contractors and subcontractors, and providing management and construction services, all at a guaranteed maximum price, which shall represent the maximum amount to be paid by the public agency for the building project, including the cost of the work, the general conditions and the fee payable to the construction management at risk firm.
Is the Solution to our “Fracking Mess” Dilution or Concentration?
(Waste Reduction and Pollution Minimization) The Problem The recovery of natural gas from tight rock formations, such as shale, has presented the oil and gas industry with serious environmental challenges. Quite possibly the most significant issue is the use and...
Discovery – It’s Not All in the Documents
Document discovery is to be anticipated and disliked on every construction litigation effort. By their nature, construction projects are paper and electronic data generation machines. How can the litigation team quickly and efficiently navigate through the voluminous and redundant files while collecting the most important documents?
MDC Engineers Testify at Philadelphia City Council
Julian Toneatto, Ph.D., PE and E. Mitchell Swann, P.E. testified on 1 August 2013 at a City of Philadelphia City Cophilabldgcollapseuncil hearing looking into techniques, technologies and guidelines to improve building demolition practices within the city. [Background: On 5 June 2013, a building under demolition experienced an uncontrolled collapse which fell onto an adjacent retail property which was occupied at the time. There were 6 fatalities and 14 injuries, several of them critical.
Protecting Against Corruption In Construction and Renovation: Corporate Counsel’s Essential Role In Making Integrity Pay
John E. Osborn
Originally printed by The Metropolitan Corporate Counsel, Inc., Volume 8