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Category: Articles

Construction’s Seven Deadly Sins

Construction’s Seven Deadly Sins

The Seven Deadly Sins of a Construction Project that Regularly Lead to Claims
(And How to Avoid Them)

From a project’s inception, an owner will typically have a vision of how they imagine their project will end.  A ribbon cutting on a bright sunny day, surrounded by contractors, architects, and engineers alike all happy with the project’s outcome, on time and under budget, with motivation to continue on to additional shining successes in the future.  Typically, this vision begins to fade as reality sets in…

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Information Management in an Electronic Age

Information Management in an Electronic Age

John P. Sieminski, Esquire Burns, White & Hickton, LLC Information Explosion The world is going digital and the business world is no exception. It is estimated that over 90% of new information is created on an electronic device in digital form. Of that electronic...

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Only as Strong as the Weakest Link

Only as Strong as the Weakest Link

E. Mitchell Swann, P.E., of MDCSystems® & James W. Haile Jr., C.P.M., of JWH & Associates Over the past 9 – 12 months or so many parts of the world have been rocked by unforeseen events – "black swans" – which have called into question some of the ideas or...

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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

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.

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Covering you @ in an Electronic World of Discovery

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.

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Owner Beware: Stucco is Not Maintenance-free

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.

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Professional Responsibility and Disclosure at Marcellus Shale

Professional Responsibility and Disclosure at Marcellus Shale

In September 2012 the Technical Director of the Pennsylvania Department of Environmental Protection Bureau of Laboratories testified in a deposition that the office had only reported 8 of 24 metals found in a water sample associated with a case over well water contamination by hydraulic fracturing (frack) chemicals. What are the requirements for disclosure and professional responsibility of the director for disclosure of the lab results?

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The Importance of Critical Path Method in Project Management

The Importance of Critical Path Method in Project Management

Project management can sometimes seem a bit overwhelming in its complexity, but there are systems in place to make it easier to navigate and simpler to estimate. Since deadlines are so important, and duration directly impacts budget, it’s important to have an accurate and reliable way to map out your timeline. Therein lies the importance of the critical path method in project management. To learn more, continue reading below.

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The Different Techniques of ADR

The Different Techniques of ADR

Alternative dispute resolution can often be a faster, cheaper and satisfactory means of settling disputes. Granted, that doesn’t mean that ADR is going to be right for everyone, and it won’t be the best choice for every dispute. However, it is certainly something to consider. There are a number of different techniques used in ADR, and if you’re considering it, you should be familiar with them.

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