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...
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.
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.
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.
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?
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.
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.
Developing Sustainability Strategies – Writing Your Future History
E. Mitchell Swann MDCSystems® Consulting Engineer May 2011 Yup, yet another "sustainability" article. It seems that this subject just won't die. No, it won't. But organizations that don't deal with the subject just might experience that result. If you haven't been...
The Use of Technical Experts as Neutrals in ADR for Complex Construction Disputes
E. Mitchell Swann, P.E.
MDC Systems®
Consulting Engineer
A hot topic in the world of ADR (Alternative Dispute Resolution) is the extent to which ‘neutrals’ should be qualified and what type of qualifications they should have. Often, the first reaction is that the neutral should have legal training as their predominant skill and some experience with the subject matter of the case. As part of the program at the American Bar Association’s ADR Section Meeting in Los Angeles in April 2005, MDC Systems®, along with the other contributors to this article, discussed the use of technical experts as neutrals in ADR proceedings. Below is a summary of the key issues, ideas and opinions addressed and presented by the panel. The panelists come from varied backgrounds but all have participated in ADR proceedings in one form or another.
The Project is Flat -Technology Blurs the Lines & Sharpens the Edge
Anyone who has read Thomas Friedman’s “The World Is Flat” might glean an idea of where this article is going right away. If you haven’t read the book, it is a good one. About 2 years ago MDC Systems® presented at the London Construction Superconference on some of the benefits, challenges and issue associated with the use of 3D and 4D modeling technologies in the design, documentation and delivery of capital projects. Since that time, there have been even more developments – not just in the nature of the technology, but also in the level of accessibility or breadth of application. This expanded modeling regimen has come to be called Building Information Modeling or BIM.