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Volume 6 - Number 14 | April 7, 2008

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Recent Issues

  EDITOR'S NOTES | Issue 6-14
Through the years, many states have established programs with catchy slogans to remind homeowners and builders to call their utility companies before they dig. In fact, the Common Ground Alliance is promoting May as National Safe Digging Month. Through the efforts of the alliance, the FCC has established 811 as the standardized “Call Before You Dig” number for professional excavators, contractors and do-it-yourselfers. Much like 911, the number routes callers to local call centers, where they can log a request for someone from the utility companies to flag underground utility wires. The service is free. Unfortunately, even with the surge in awareness of underground utility lines, wires can be incorrectly marked. Liabilities are called into question in this week’s first case in which a contractor twice snapped lines to an adjoining property because of mismarked cables.

Allegations of government-caused delay are hot topics among government contractors. Change order requests and slow turnaround times for RFIs are not necessarily enough to convince the ASBCA, however, that a compensable delay or loss of productivity has occurred. The board told a contractor that it failed to establish a causal relationship between the government’s lack of communication and the ensuing delays.

In another case, a contractor mistakenly signed the contract in his personal, unlicensed capacity and not as the licensed contractor on a home construction project. The contractor lucked out, despite a state law that prohibited unlicensed contractors from pursuing payment claims.

This issue concludes with the final article in John Livengood’s five-part recap of the AACEI’s recently released Recommended Practice 29R-03 – Forensic Schedule Analysis. This article addresses the issues associated with choosing a specific methodology, including legal considerations, time and budget restraints, and contractual requirements.
  THE NEW AACEI RECOMMENDED PRACTICE ON FORENSIC SCHEDULE ANALYSIS, PART FIVE: CHOOSING THE RIGHT DELAY METHODOLOGY
John Livengood By John C. Livengood
Choosing a methodology for forensic schedule analysis has the potential to make or break your claim. Internal and external factors must be considered. Those 11 factors are enumerated in this final article on the AACEI’s recently released Recommended Practice.
  AIA INDEMNIFICATION CLAUSES DID NOT APPLY TO BURIED CABLE BREAK
Mismarked underground cable lines that sever during excavation do not trigger AIA indemnifications clauses. The owner cannot withhold contract payment from the contractor.
  LOST PRODUCTION EFFICIENCY NOT SHOWN BY GOVERNMENT DELAY
A contractor fails to prove that the government’s change order requests and slow RFI response times on a military project negativity affected the contractor’s productivity.
 
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