1. The Classic Framework: LEED Certification as Voluntary and Incentive Driven. Historically, the most successful green initiatives were those driven by tax abatements and credits, expedited permitting, density incentives, utility credits and other Owner based incentives.. The majority if these initiatives came through the U.S. Green Building Council rating system for Leadership in Energy and Environmental ...
The attached case is a great victory for the general contractor, and it also shows the merits of pursuing even a small claim, if there are grounds to prove bad faith. The highlights include the use of bad faith in the context of the ongoing contract, as opposed to the original contract formation, to award ...
New Provisions of the AIA's Consensus Documents Shift the Claims Burden onto the Contractor. Owners commonly use the American Institute of Architects’ documents as the blueprint for construction contracts with contractors. Yet, the blueprint continues to change and those changes appear more and more slanted against ...
Big Dig Settlement Shows How Changes to Construction Contracts Have Unexpected Consequences. Beginning with the 1987 set of construction documents, which were generally viewed as acceptable to most contractors, the American Institute of Architects (AIA) began a process of revising its construction documents every 10 years. ...
Safety, Insured Balancing Insurance and Indemnification Agreements Can Mitigate Risk in Utility Projects. The wireless revolution is in full force, and to meet growing demand for cellular phones and data devices, wireless companies are scrambling for new cellular tower sites. Power companies are also scrambling to keep up. The surge of new construction related to power ...
Seeing Both Sides: When It Comes to the Work Force Shortage, Is Immigration Reform a Viable Solution? The construction industry has a long and true history of promoting minorities in the workplace. Despite troubled economic times, many areas of the construction industry continue to expand rapidly and some estimates suggest that construction constitutes 10 percent of the ...
Neglected Infrastructure Is Taking Its Toll. Could Public-Private Partnerships Offer a Fix? We may use other, less academic terms to refer to them, but we all deal with infrastructure problems on a daily basis. We all hate sitting in traffic or driving on deteriorating roads. How ...
The single largest cause of safety non-compliance is inattention to safety details on the part of the individual worker. This inattention generally results from the repetitive nature of most work performed by the worker and the natural comfort that comes from ...
Do You Understand Labor Organization and What Unions Can or Cannot Legally Do? Unions are an integral and important part of the modern construction landscape. You don’t need to be a project owner, general contractor or construction attorney to comprehend the impact they can have on ...
The Risks and Benefits of Contractors Taking “Equity” In the Project In An Effort to Get Paid and The Use of Non-Traditional Litigation Strategies. 2008-2009 bore witness to the unimaginable. Contractors who worked hard on a Project to deliver a quality product to the Owner, faced the prospect of lender defaults. The prospect of either an ...