How To Lock Disputes Out Of Your Project In Construction
July 22, 2019 —
Anastasios Koutsogiannis – LetsBuildDisputes are seen as one of the main threats for the successful completion of a project in construction. There is a plethora of factors which could lead to a construction dispute (e.g. contracts, behavior, environment) but, strangely enough, the industry seems to invest more attention on the resolution of a conflict instead of its prevention.
Thanks to the progress that digital technologies have witnessed during the last few years, there is a good chance that things in construction will change for the better soon. The ability to exchange crucial updates in real time, while keeping a detailed record of everything that happens on the field adds an extra level of protection to your project and ensures that all agents are on the same page.
In an effort to shed some light on the issue of construction disputes, we present below four tips that could help your team to lock conflicts out of your project:
1. Standardize your processes
Before you kickstart your project, it is of paramount importance that you standardize all your systems and processes. In that way, you will be able to add extra clarity to your workflow and eliminate misunderstandings.
Once you have achieved that, you can replicate the same process to your future projects. The more you manage to repeat the same project structure the better your team will become in completing their tasks without ending up in any kind of conflict.
In that sense, standardization could be a long-term investment for your organization.
2. Go digital
As soon as your processes are defined, it is time for the digital journey to begin. Finding the right tool for your project will result in a streamlined construction process where all the members of the team are on the same page without any room for costly mistakes or disagreements.
Furthermore, with the help of digital solutions it becomes easier for project managers to measure the performance on site and monitor the completion of the set benchmarks. Like that, all payments will be on time and the program of the project will reflect reality.
3. Be extra careful with the contracts
A poorly-written contract can have a big impact on the effort to lock disputes out of your construction project. While putting together a new contract, you should always make sure that you have taken into account all the different scenarios for your project.
Either that is a delay due to weather conditions or an accident on site everything should be described in detail in the contracts and be well understood by those in charge.
In any other case, things can get a bit risky and a costly dispute might wait to happen.
4. Hold regular meetings with all stakeholders
Last but certainly not least, meet regularly with all project stakeholders. The frequent contact with the different members of your team will allow you to discuss and resolve any problematic situations before they grow out of proportion.
What is more, regular meetings will help both your field teams and the people in the office to remain aligned and will eliminate the possibility of having people working on outdated versions of the program.
Of course, these meetings don’t need to be time-consuming or even in person. With the help of technology, you can keep these meetings short and to the point. In that manner, everybody involved will be able to get the most out of them.
Final word
All in all, it becomes clear that locking disputes out of your project in construction requires continuous work and a carefully-elaborated plan. Thankfully, the emergence and progress of digital solutions have made this process much easier contributing significantly to the development of the industry far from disputes and project misunderstandings.
About the author: Anastasios Koutsogiannis is Content Marketing Manager at LetsBuild.
Read the court decisionRead the full story...Reprinted courtesy of
Anastasios Koutsogiannis, LetsBuild
Massachusetts Supreme Judicial Court Strikes a Deathblow to Substantial Factor Causation in Most Cases; Is Asbestos Litigation Next?
March 22, 2021 —
Christian J. Singewald, Rochelle Gumapac & Timothy J. Keough - White and Williams LLPIn Doull v. Foster, the Massachusetts Supreme Judicial Court (SJC) addressed the proper causation standard in a medical malpractice case. In reaching this issue, the SJC reached far beyond the medical malpractice case before it. The SJC concluded that the substantial factor test for causation, which had been regularly employed in the Commonwealth for decades, was “unnecessarily confusing.” In doing so, the SJC effectively ended the use of the substantial factor test in all negligence cases going forward, except in toxic tort litigation. However, the SJC openly questioned its usefulness in toxic tort litigation and all but welcomed a direct challenge to its use there.
Reprinted courtesy of
Christian J. Singewald, White and Williams LLP,
Rochelle Gumapac, White and Williams LLP and
Timothy J. Keough, White and Williams LLP
Mr. Singewald may be contacted at singewaldc@whiteandwilliams.com
Ms. Gumapac may be contacted at gumapacr@whiteandwilliams.com
Mr. Keough may be contacted at keought@whiteandwilliams.com
Read the court decisionRead the full story...Reprinted courtesy of
Approaches to Managing Job Site Inventory
August 30, 2017 —
Jessica Stark - Construction InformerThere is no question that organization on the job site can mean the difference between efficient performance and costly errors. A simple mistake can cost a company thousands, which is why details are carefully articulated and supervisors become better scrutinizers than magazine editors. But for some reason, many companies don’t consider managing job site inventory under this same attentive category, or perhaps they don’t know about the technology available to help them do it.
Whole Inventory, Big to Small
For contractors, keeping track of every piece of material and equipment lowers losses and keeps crews busy. This is especially true for contractors in the trades who often have specialized equipment in inventory such as power supplies, HVAC “smart energy” components or inspection equipment. Once everything is accounted for, the possibility of loss is decreased and there’s a chance to evaluate the use of all materials and equipment. This can show the efficiency of allotted resources. Is there enough equipment on the site to get tasks completed? Is there a need for more? Less? Having excess equipment can sometimes prepare a crew for problem scenarios. But it can also mean the construction company is overpaying for unneeded resources. However, the only way to know is by effectively managing job site inventory. That includes all equipment and materials.
Read the court decisionRead the full story...Reprinted courtesy of
Jessica Stark, Construction Informer
Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail”
June 05, 2017 —
Richard H. Glucksman & David A. Napper - CGDRB News & PublicationsOn February 10, 2017, California’s Fourth District Court of Appeal held that if a builder fails to acknowledge receipt of a homeowner’s Notice of Claim within 14 days, as required by the Right to Repair Act (“SB800”), specifically California Civil Code §913, the homeowner is released from the requirements of SB800 and may proceed with the filing of a lawsuit.
In Blanchette v. Superior Court, Blanchette owned 1 of 28 homes constructed by GHA Enterprises, Inc. (“GHA”). On February 2, 2016, Blanchette served GHA with notice of a claim, setting forth the alleged defects in all 28 homes. On February 23, 2016, GHA responded that the construction defects were not alleged with sufficient “reasonable detail” as required by Civil Code §910. In response, Blanchette asserted that GHA’s response was untimely and thus excused him and the other homeowners from any obligations under SB800. The trial court found for the builder, GHA, holding that Blanchette’s Notice of Claim lacked detail sufficient to trigger GHA’s obligations under SB800. Blanchette appealed the ruling.
Reprinted courtesy of
Richard H. Glucksman, Chapman Glucksman Dean Roeb & Barger and
David A. Napper, Chapman Glucksman Dean Roeb & Barger
Mr. Glucksman may be contacted at rglucksman@cgdrblaw.com
Mr. Napper may be contacted at dnapper@cgdrblaw.com
Read the court decisionRead the full story...Reprinted courtesy of
Engineering, Architecture, and Modern Technology – An Interview with Dr. Jakob Strømann-Andersen
September 14, 2020 —
Aarni Heiskanen - AEC BusinessWe sat down with Dr. Jakob Strømann-Andersen of Henning Larsen’s Sustainability Engineering Department. Our talk covered the need for interdisciplinary research, sustainable practice, and how technology will lead change in the years ahead.
Can you tell us a bit about your professional background and what you’re currently working on?
I’m a partner with Henning Larsen and work with around 300 architects globally. We’re based in Copenhagen where we’re 200 people strong, with branches throughout the world. I’m a trained engineer with a civil engineering background – making me the first partner that’s not an architect. I’ve been with the company for 15 years and joined as an industrial research Ph.D. in Denmark. For my first three years here, I was employed as a researcher doing research and energy-efficient building design. And that’s where we started with our approach to sustainability.
Read the court decisionRead the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022
November 01, 2022 —
Anthony B. Cavender - Gravel2GavelThis is a selection of significant environmental and regulatory law cases decided by the federal courts after the Supreme Court’s 2021 Term concluded.
The U.S. Court of Appeals for the DC Circuit
National Association of Broadcasters v. Federal Communications Commission
On July 12, 2022, the DC Circuit held that an order of the FCC requiring radio broadcasters to follow a prescribed five-step process to verify the identity of program sponsors was not authorized by the Communications Act. According to the court, the FCC “decreed a duty that the statute does not require, and that the statute does not empower the FCC to impose.” Here, the agency failed to identify the statutory authority it needed to authorize the issuance of such an order. While certainly not as significant as the Supreme Court’s ruling in West Virginia v. EPA, decided only a few days before this decision was released, it is a strong reminder that the courts want to know if a challenged rule is authorized by law.
Humane Society of the U.S., et al., v. U.S. Department of Agriculture
On July 22, 2022, the court decided a case involving the steps the Administrative Procedure Act and the Federal Register Act require to be taken before a final agency rule is legally promulgated. Customarily, when there has been a change in Presidential administrations, the incoming administration “quietly” withdraws rules awaiting Federal Register publication without much ceremony. The majority of this panel agreed that public notice should have been provided to the regulated community to comment on the new administration’s action to pull back a new rule which had been made available for public inspection before Federal Register publication that would have strengthened the protections afforded “show horses,” as now required by law. The court noted that “it seems clear that filing with the Federal Register constituted promulgation of a regulation even though publication may not occur until a later date.” Circuit Judge Rao filed a strong dissent. “By cutting off agency discretion at public inspection, the majority imposes judicial burden on agency procedures that conflicts with circuit precedent, the statutory framework and a longstanding regulation permitting withdrawals prior to publication.” There could be a further review of this unique ruling.
Read the court decisionRead the full story...Reprinted courtesy of
Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
Florida Condo Collapse Shows Town’s Rich, Middle-Class Divide
August 04, 2021 —
The Associated Press (Terry Spencer & Freida Frisaro) - BloombergThe condo tower collapse in Surfside could exacerbate the division that already exists between the tiny Florida town’s new luxury buildings built for the global elite and those constructed decades ago for the middle class. It is already creating headaches for some small businesses.
The town has seen the construction of numerous new condos in recent years, where large oceanfront units exceeding 3,000 square feet (280 square meters) with modern amenities can fetch $10 million and up. Meanwhile, small units of 800 square feet (75 square meters) in neighboring condo buildings constructed decades ago can be had for $400,000.
Ana Bozovic, a South Florida real estate broker, said the June 24 collapse of the 40-year-old, middle-class Champlain Towers South will exacerbate this division. At least 46 people were killed and more than 90 remain missing.
Read the court decisionRead the full story...Reprinted courtesy of
Bloomberg
Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage
December 11, 2018 —
Timothy Carroll - White and Williams LLPEarlier this month, in Frederick Mutual Insurance Company v. Hall, the U.S. Court of Appeals for the Third Circuit concluded that coverage for faulty workmanship claims is “simply not the kind of coverage insurance agents and insurance companies expect to provide” to construction industry professionals “unless the insured explicitly requests such coverage.” 2018 U.S. App. LEXIS 31666, at *9 (3d Cir. Nov. 8, 2018). In Hall, a stone masonry contractor was sued by its customer for causing over $350,000 in property damage resulting from “substandard and defective work” performed on the customer’s residence. The insurer sought a declaration that it owed neither a defense nor indemnity for those damages because, under Pennsylvania law, the policy did not cover property damage caused by faulty workmanship.
Read the court decisionRead the full story...Reprinted courtesy of
Timothy Carroll, White and Williams LLPMr. Carroll may be contacted at
carrollt@whiteandwilliams.com
