e-newsletter of the
Construction Industry Coalition Council
PO Box 4163
McLean VA 22103-4163
703-734-2397 Fax 703-734-2908
July
2004
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About the CICC…
The Construction
Industry Coalition Council (CICC) seeks areas of commonality among the construction
profession by identifying the needs of its constituents; delivering and
exchanging technical and business information; facilitating the development
of and responsible application of new techniques and processes; and promoting
quality in practice.
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Coalition
Council Steering Committee
American Institute of
Architects (AIA) www.aia.org
American Institute of Steel Construction (AISC) www.aisc.org
American Subcontractors Association (ASA) www.asaonline.com
Associated Builders & Contractors (ABC) www.abc.org
Civil Engineering Research Foundation (CERF) www.cerf.org
Construction Management Association of America (CMAA) www.cmaanet.org
Design-Build Institute of America (DBIA), www.dbia.org
Federal Facilities Council (FFC) www7.nationalacademies.org/ffc/
FIATECH www.fiatech.org
Surety Information Office (SIO) www.sio.orgr
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http://www.constructionchannel.net/profdirectory/html/coalition_council.html
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Affiliated
with
Associated Owners &
Developers (AOD)
http://www.constructionchannel.net/profdirectory/html/associated_owners___developers.html
Welcome New CICC Steering Committee Member
Michael
G. Goode, PE, PMP, Vice President and Director, Industry Programs, Civil
Engineering Research Foundation/ASCE,
www.cerf.org
Mike Ireland, Executive Director, The
Association for Facilities
Engineering (AFE) www.afe.org
J.Scott LeVora, CPA, Industry Liaison,
Construction Financial Management
Association (CFMA) www.cfma.org
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Summary of Construction
Industry Coalition Council Meeting June 1, 2004
Defense
of Delay Claims
Scott A. Beisler, PMP, Senior Engagement Manager
Navigant Consulting Inc.
The presentation addresses types of delay, schedule analysis techniques to
defend claims, claim prevention during the project, and resolution methods.
Claims are increasing from: tighter budgets and schedules for architects,
engineers and contractors; construction contracts shifted more risk to the
contractor; lack of understanding new technology and processes; more parties are
involved; owners and contractors are more sophisticated with their approach to
projects. Disputes require sound analytical and factual proof to settle the
claims. The presentation covers methods to reduce construction projects
delays with mutual benefits for contractors and owners.
CPM
Scheduling: A Tool to Analyze Delay Claims
Lee E. Smith
East Coast CPM Consulting, LLC
Owners are encouraged to specify and use CPM scheduling to control projects
and prevent claims. CPM scheduling is a sophisticated endeavor and the owner
should have a fundamental understanding of the technique. This presentation
focuses on the oversight of contractor CPM scheduling beginning with the
"baseline schedule" and continues through the monthly schedule update
process. A well-prepared and accurate CPM schedule will greatly enhance the
prevention of unsupportable delay claims.
Contractual
Claims
Dennis Webb
Smith, Gambrell & Russell, LLP
Construction projects rarely are completed in strict accordance with plans and specifications, on time or under budget. As a result,
owners often find themselves facing damages from delay, defective or incomplete work, or both. This
presentation focuses on the primary contract provisions owners rely on to bring a claim against or enforce compliance on non-performing
contractors.
The presentation centers on six contractual clauses: termination for default;
warranty/defective workmanship; waiver of consequential damages; liquidated
damages; no damage for delay; and changes. The discussion is not designed as a lecture on the law. Instead, it highlights nuances in these clauses every
owner should be aware of.
Stay tuned for information
about the next CICC meeting.