Project management can sometimes seem a bit overwhelming in its complexity, but there are systems in place to make it easier to navigate and simpler to estimate. Since deadlines are so important, and duration directly impacts budget, it’s important to have an accurate and reliable way to map out your timeline. Therein lies the importance
Contract Management
Construction Miracles CAN Happen
Once upon a time in Philadelphia, a charity hospital was seeking to modernize and expand its facility. Fundraising and design work had proceeded for a number of years, however, there never seemed to be quite enough money in the building fund to begin the project. Nevertheless, each spring the administrator Sister Margaret would call the
More Than Just Counting Rainy Days: Documenting Weather Delays
by Michelle N. Delehanty, PE, PMP
MDC Systems® Consultant
According to the farmer’s almanac, this upcoming winter is predicted to be more severe than last year, which already seems as if it were one for the record books. For many regions throughout the United States, that means a multitude of storms, extreme cold, and potential closings to schools, offices, and, most problematic, construction sites. These closings of construction projects can lead to schedule delays, change order requests, and ultimately claims. In order for a contractor to justify to the owner that there is indeed a weather-related construction delay, they must demonstrate four specific things: (1) that the delay is within the terms of the contract (2) that the activity delayed had a direct effect on the project end date (was on the critical path), (3) the weather event occurred in excess of the “normal” weather for the season, and (4) there is documentation of which specific activities were delayed on each weather occurrence.
Home Office Overhead (HOOH)
Stephen M. Rymal, P.E., Esq.
MDC Systems®
Consulting Engineer
Most of those working in the construction contract claims business are familiar with 1960 decision by the Armed Services Board of Contract Appeals (ASBCA) in the Eichleay Corporation Case which recognized a contractor’s right to recover unabsorbed home office overhead for owner caused delays and work stoppages.
“No Damage for Delay” Clauses – An Update
Stephen M. Rymal, P.E., Esq.
MDC Systems®
Consulting Engineer
August 2010
“No damage for delay” clauses continue to divide the country and the courts on their application and interpretation. Although owners and prime contractors insist on enforceability, the net result typically shifts the risk onto the party least likely to negotiate fair limits, to control events on the jobsite and absorb the ultimate cost. Nevertheless, these clauses are found in most construction contracts in some form or another.
No Damage For Delay
Jeff Yick, Esq.
Zetlin & De Chiara LLP
A no-damage-for-delay clause attempts to contractually bar recovery by a contractor or subcontractor in the event project delays result in damages or extra costs.
