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Category: Articles

Water Treatment: Not Just a Third World Issue

Water Treatment: Not Just a Third World Issue

Donald R. Keer, P.E., Esq. MDCSystems® Consulting Engineer In March the United Nations celebrated World Water Day 2013 by choosing Water Cooperation (supplying clean, accessible water to vulnerable communities) as its theme. With continuous pressure being put on...

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“No Damage for Delay” Clauses – An Update

“No Damage for Delay” Clauses – An Update

“No damage for delay” clauses continue to divide the country and the courts on their application and interpretation. Although owners and prime contractors insist on enforceability, the net result typically shifts the risk onto the party least likely to negotiate fair limits, to control events on the jobsite and absorb the ultimate cost. Nevertheless, these clauses are found in most construction contracts in some form or another.

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Risk Management in Design

Risk Management in Design

In previous editions of the MDCAdvisor®, our contributors have addressed risk issues relative to budgeting and cost estimating as well as overall risk considerations. A key contributor to almost all of the potential project risk scenarios is the conception, development and execution of the design process for the project.

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What’s That Smell?? Mold – The New ‘Asbestos’

What’s That Smell?? Mold – The New ‘Asbestos’

E. Mitchell Swann, P.E. MDCSystems® Consulting Engineer Mold cases have become almost as prolific in the legal world as the little fuzzy devils themselves in the real world. Mold is a hot topic and claims associated with mold, mildew and related IAQ issues including...

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Pennsylvania Solar Energy Rebate On Hold

Pennsylvania Solar Energy Rebate On Hold

Amal Kabalan MDC Systems® Former Consulting Engineer How Consumers Can Still Save Energy Last July Pennsylvania state officials announced the $100 million consumer and small business solar energy rebate program -- part of a $650 million Alternative Energy Investment...

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Dispute Resolution Methodologies

Dispute Resolution Methodologies

Stephen M. Rymal, P.E., Esq.
MDC Systems®
Consulting Engineer

In the construction industry, there are several alternative dispute resolution (ADR) methodologies designed to provide a means to resolve disputes without resorting to formal litigation in court. Some projects set up dispute resolution boards (DRBs) to address disputes in real time before the parties harden their positions and carve them into stone. The advantage of DRBs is that they meet regularly with the parties to recognize and address disputes at their earliest stage when the inherent risks can be truly estimated, appreciated, and shared…

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Reasonably Relied Upon…

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.

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The CSI Effect: The Increasing Role of Forensic Evidence in Construction Litigation

The CSI Effect: The Increasing Role of Forensic Evidence in Construction Litigation

Leigh Erin Schmeltz, Esq.

As demonstrated by the popularity of CBS’s television show CSI: Crime Scene Investigation, the intriguing field of forensic science is capturing the attention of many across the nation. Beyond entertainment and education, however, forensics plays a very real and crucial role in civil investigations, using technology to investigate and establish facts in the civil courts. Evidence that illustrates wrongdoing, negligence and malfeasance through photographs, detailed reports, and testing can mean the difference between an adverse judgment and a complete discharge from liability.

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