Search
Events Calendar
« 
February 2012
 »
SMTWTFS
 1234
567891011
12131415161718
19202122232425
26272829 

EDITOR'S NOTES | Issue 7-10

publication date: Mar 9, 2009
View a Printer Friendly version of this page, allowing you to print the page. Send a summary of this page to someone via email.
A pithy adage pronounces, “Nothing ruins the truth like stretching it.” While human nature inclines most of us to a little truth stretching on occasion (particularly when recounting fishing expeditions), the levels of exaggeration attempted by contractors in this week’s first two cases go beyond general acceptance. In the first case, the contractor filed a $64 million claim for incurred damages and “projected additional costs” on an Army Corps of Engineers paving project. The claimed costs didn’t add up and after a lengthy dispute, the contractor was handed a $50 million citation for violating the Contract Disputes and False Claims Acts. It also forfeited its legitimate claims as part of the statutory penalty for the falsified claims.

Another exaggeration of monies owed comes from a contractor that was wrongfully terminated in the early days of a commercial construction project. In its mechanic’s lien, it enumerated costs that far exceeded the amount of work actually performed. Its methodology for cost analysis may have been more successful had it substantially completed the project.

In this week’s final case, the ASBCA instructs a contractor that compliance with safety regulations is the duty of the contractor, not the contracting agency. In this situation, the contractor should have noticed the problem and proactively clarified any questions during the pre-bid site inspection.

If you haven’t yet signed up for the final webinar in WPL Publishing’s four-part series on lost productivity claims, there’s still time. The March 11 webinar, Measuring Productivity for Improved Project Performance, will be presented by William Zollinger with guest panelists William Ibbs, James Adrian and William Schwartzkopf. This panel of experts will present working models and project control techniques to help analyze jobsite productivity. To learn more and to sign up, visit www.projectcontrols.com.


This page is available to members only.
To subscribe, click here

Construction Claims Online Features and Benefits


Whether your role in the construction claims process is as a building owner, designer, contractor, facility manager, attorney or consultant, you will want to keep up with the latest developments in construction law, federal and state policy, construction process and best practices.

Whether you sign up for our free or paid content, Construction Claims Online provides information you need to achieve successful outcomes for project issues and your clients' best interests.


Avoid costly errors by understanding how the boards and courts look at typical disputes situations.
Achieve successful project outcomes.
Defend against unsubstantiated claims.
Reduce or eliminate risks.