by Bennett ColemanCOVID-19: The Evolution of Force Majeure Clauses in Unprecedented Times
Construction contracts typically state that a party’s force majeure remedy is a schedule extension equal to the duration of the force majeure event. However, given the unprecedented global economic shutdown due to the coronavirus pandemic, future contract negotiators will likely attempt to revise the definition of a force majeure event to account for the unforeseeable consequences of a global...
by wpengineCOVID-19: Managing Construction Delays Amid the Coronavirus Pandemic
Social distancing, quarantines, and remote work operations are all important measures to slow the spread of the COVID-19 (coronavirus) pandemic. While these measures are necessary to our society, they do not translate to productivity in the construction industry. Now is the time for each project team to determine what it can do to keep its people safe and to start reviewing its contractual...
by maggieRetroactive Labor Productivity Evaluations
Several methodologies are available to quantify field labor productivity impacts that a contractor could experience during construction. Two of the most widely used methodologies in both construction and legal forums are the Measured Mile Methodology and the Mechanical Contractors Association of America (MCAA) Factors Methodology. Besides the MCAA, other productivity resources include …by Bennett ColemanAssessing Labor Productivity
Abstract The analysis of the labor productivity of the workforce and the utilization of material and equipment are major factors in determining whether a construction project will be completed on time and within budget. Concerning the project budget, every construction project should have a budget established prior to the commencement of work. The contractor’s goal should be to complete...by Bennett ColemanHurricane Harvey and Force Majeure Claims
Hurricane Harvey’s unprecedented flooding has resulted in increased force majeure (FM) claims for the construction industry. In general, FM claims free both parties to a construction contract from liability or obligation for failure to perform in the event of extraordinary circumstances, such as “acts of God” or occurrences outside the parties’ control. Depending on the contract language,...by Bennett ColemanCDR-1256: Challenges of the Measured Mile Concept for Productivity Loss Claims
ABSTRACT— Contractors face several challenges when developing claims for productivity loss due to owner/architect/engineer or third-party interference. These include the burden of linking the interference to the productivity loss and establishing the reasonableness of estimated increased time and/or costs. AACE International describes various methodologies in its Recommended Practice No....by Bennett ColemanFire Rebuilds Stoke Flames of Claims if Not Handled Appropriately
Today’s refining, chemical, petrochemical, and heavy industrial facilities process and utilize hazardous chemicals, and despite the best laid plans and procedures, accidents do happen. Accidents could range from fires to explosions, resulting in chemical releases and damage to equipment and the facility, hopefully with minimal or no injury to personnel. Insurance is often called upon to...by Bennett ColemanIn Construction Claims, A Picture is Worth More Than a Thousand Words
“A picture is worth a thousand words” is an old proverb that suggests complex stories can be described by just a single picture. The same is true with respect to proving construction claims, where one visual or graphic can be more persuasive and influential than a thousand words. Construction is a complex and risky process requiring extensive planning, engineering, procurement, and...by Bennett ColemanRisks of Differing Site Conditions
Contractors frequently experience site conditions differing from those anticipated in their bids. An example would be existing facilities, which are to form part of the contract work, that differ in their location, makeup, or state of repair from information in the bid documents or from what would be apparent to a contractor making a responsible, prebid inspection. If the differing site...by Bennett Coleman