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Newsletter September 2005

In this issue...

Why is there a Labor Overrun?

Recent Seminars & Conferences

Future Seminars & Conferences

Sustainability: Un-definable Success in a Defined World

Benchmarking – The Early Path to Success

No Damage For Delay

Privatization of American Water Utilities


Why is there a Labor Overrun?

By: Daniel J. Sporer
MDC® Consultant

On a large multi-million dollar project, it shows up in the cost reports. On a smaller project, the schedule may start to show specific activity schedule slippage. The same estimator developed the bid, the project scope has not changed and your most trusted foreman says he has excellent crews. You might be experiencing labor inefficiencies and probably don’t know it. The cost reports and schedules might tell you that it occurred, but it will require additional data/analysis to determine why it has occurred and who has caused it to prove entitlement and to calculate your recovery costs.


Hurricane Katrina Relief Efforts

We at MDCSystems®, like all Americans, are overwhelmed by the images of destruction throughout the affected areas and are concerned for the well being and recovery of the victims of this disaster. MDC® and its employees have donated money and materials to help the relief effort. If any of our friends, clients or competitors have been displaced by this tragedy, we at MDC® are anxious to help in any way that we can to assist them with their overwhelming new challenges. We are confident that this vibrant portion of our country will quickly recover and, as always, we are proud to be Americans. ~MDCSystems®

  • Recent Seminars & Conferences
  • Men

    • International Construction Superconference, May 19-20 2005 in London.
    • American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc. (ASHRAE) Annual Meeting, June 27-29, 2005 in Denver, CO.
    • American Bar Association (ABA) Annual Meeting, August 4-6, 2005 in Chicago, IL.
    • Defense Research Institute (DRI) Construction Law Conference, September 8-9, 2005, Las Vegas, NV.

    For more information on Recent Seminars & Conferences...
  • Future Seminars & Conferences
    • American Bar Association (ABA) Fall Meeting, September 29-30, 2005, Toronto, ON.
    • Defense Research Institute (DRI) Annual Meeting, October 19-22, 2005, Chicago, IL.
    • International Society for Pharmaceutical Engineering (ISPE) Annual Meeting, November 6-10, 2005, Scottsdale, AZ.
    • US Green Build Council (USGBC) Green Build Expo, November 9-11, 2005, Atlanta, GA.
    • Construction Superconference, December 8-9, 2005, San Francisco, CA.

    For more information on Future Seminars & Conferences...
  • Sustainability: Un-definable Success in a Defined World
  • By: E. Mitchell Swann, P.E., LEED AP
    MDC® Partner

    Sustainable\Green (S\G) Design has been almost universally accepted as a desirable methodology and a ‘value-added’ concept which should be included in the modern and responsible execution of today’s design process. To achieve or execute S/G design requires additional time and effort and sometimes special consultants and construction techniques; thus additional expense.

  • Benchmarking – The Early Path to Success
  • By: Robert N. Kennedy, P.E.
    MDC® Consulting Engineer

    Benchmarking helps to establish a new project within the cost and schedule range of other projects and helps to lead to a successful outcome. Too often project scope is developed without a sensitized look at the impact of that scope to overall project cost and schedule. By utilizing similar projects one can verify if their project is within a reasonable variance of the comparative projects’ cost and schedule. When this is done early enough in the project, it allows the project stakeholders to make adjustments to the scope to bring the project in line, or at least realize where, and possibly why, their project falls outside the norm. This process is very helpful when assessing the viability of a proposed project, preparing for early funding, or planning a corporate capital budget.

  • No Damage For Delay
  • By: Jeffrey T. 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. A sample no-damage-for- delay clause is as follows:

    The Contractor agrees to make no monetary claim for delays, interferences or hindrances of any kind in the performance of this Contract occasioned by any act or omission to act of the authority of any of its Representatives and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work.

  • Privatization of American Water Utilities
  • By: Donald R. Keer, P.E., Esq.
    MDC® Consultant

    The pressure is growing on local municipalities to consider privatization of their water and wastewater systems. Both the EPA and the Bush Administration favor privatization as a way for local municipalities to meet ever tightening regulations. These systems are critical to public health and economic development. Despite the critical nature of these systems maintenance and upgrades have lagged as the quality standards have increased.