Disputes in Construction - Holloway Consulting

Construction Means Methods | Experts Litigation Claims

Staff — Wed, 16 May 2012 15:14:01 +0000

The Holloway Consulting Group provides construction advisory, management, consulting and expert witness services to all parties in the construction process, including law firms, public agencies, developers, owners, design professionals, construction managers, general and trade contractors, etc.

Holloway is often retained by Owners, General Contractors and trade contractors in matters involving Construction Means and Methods issues. This is the first post in our series which covers claims, disputes and litigation involving Construction Contractor Means and Methods:

Construction Litigation and Claims

Means and Methods Disputes

Most construction contracts contain some version of the following description of the contractor’s responsibilities:

The Contractor shall perform the Work in accordance with the Contract Documents.
The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention.
The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.
The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect/Engineer in the Architect’s/Engineer’s administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor.
The Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.
The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order.

A few claims we have analyzed on these provisions include

The Contractor shall perform the Work in accordance with the Contract Documents.

Failure to perform the Work according to the contract is probably the most common claim related to means and methods.

The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention.

Failure to provide qualified construction is a common claim here. Many construction defect claims result from supervision problems.

The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.

Schedule claims often involve issues associated with sequences, procedures and coordination of the work. Involvement of the owner’s agents in the work often results in arguments related to usurping the contractor’s means and methods.

The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect/Engineer in the Architect’s/Engineer’s administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor.

All too often, contractors assume that the owner’s inspection functions have relieved the contractor of responsibility. However, this is rarely true.

Use this Search Engine to find the terms and information you need at our site.

And, the right side bar of each page here contains many related articles and posts.

The Holloway Consulting Group, LLC
Construction Advisers, Managers, Consultants and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

_________________________________________

See Related Selected Pages at our site hcgexperts.com (5-16-12)

Building Construction Disputes Claims Contracts Experts

Staff — Thu, 26 Apr 2012 20:53:35 +0000

Holloway Consulting’s experts provide Construction Dispute Services to all parties in the building construction process, including law firms, public agencies, developers, owners, design professionals, construction managers, general and trade contractors, etc. We have been retained by plaintiffs and defendants, including third and fourth party defendants.

This is the second post in our series which covers some of the pre-contract questions that should have asked asked and investigated by the owner or contractor in the hundreds of building construction projects we have worked on in an effort to anticipate and avoid construction change orders and disputes. Many other such questions that will be included in future articles:

AVOIDING BUILDING CONSTRUCTION DISPUTES

PRE-CONTRACT ISSUES

5. Inland Wetland Approvals

a. Does any portion of the site encroach on inland wetlands? If yes, are all appropriate approvals in place?
b. If required approvals are not apparent, have you requested the confirming information from the owner?

6. Interference of Utilities

a. Have the characteristics of all existing utilities been verified with each respective company?
b. Has each company representative reviewed the details with you at the site?
c. Is anything different from that represented on the plans?
d. Are the current utility charges for the various tie-ins the same as those given at the time of bid?

7. Plan Approvals

a. Has the building permit been applied for at the earliest possible time?
b. Were there any problems?
c. Were any notes or corrections made on the construction plans?
d. Has the permit been delayed in any way?
e. Is a permit required and a Certificate of Occupancy necessary for temporary field offices?

8. Temporary Utilities

a. Have you confirmed the anticipated conditions at the time of bid?
b. Are conditions adequate?
c. Are site conditions now different?
d. Are additional telephone/power poles needed?
e. Is permanent power available at all (without temporary power equipment)?
f. Is previously anticipated use of existing facilities now prevented?
g. Is temporary heat and protection now required due to owner-caused delay?
h. Is water available in sufficient amounts to support construction?
Use this Search Engine to find the terms and information you need at our site.

And, the right side bar of each page here contains many related articles and posts.

The Holloway Consulting Group, LLC
Construction Advisers, Managers and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

_________________________________________

See Related Selected Pages at our site hcgexperts.com (4-12-12)

Construction Design Experts Shop Drawing Claims

Staff — Fri, 06 Apr 2012 12:41:14 +0000

The Holloway Consulting provides construction expert and dispute resolution services to law firms, public agencies, project developers, owners, design professionals, construction managers, general and trade contractors, etc. We have been retained by plaintiffs and defendants, including third and fourth party defendants.

This is the second post in Holloway’s series covering some of the construction design issues that have arisen on the hundreds of projects, claims and disputes we have worked on over the past forty years. This post covers structural concrete shop drawing issues.

Construction Design Experts Shop Drawing Claims

Structural Concrete Disputes – Shop Drawings versus Contract Design Drawings

Structural Concrete is one of the trades requiring shop drawings. Structural Concrete reinforcing is custom-fabricated from 60-foot-long reinforcing bars, and requires specialized shop drawings for the fabrication of the final materials. These reinforcing bars are cut to length and bent to specific configurations. The shop drawing and the accompanying “cut sheet” lists the quantity, sizes, lengths, and shapes of the reinforcing bar. This information is provided to the structural engineer for review to ensure that it meets the requirements of the contract. The Concrete Reinforcing Steel Institute (CRSI) has developed standard symbols, graphics, and formats for shop drawings and cut sheets that generally are used by reinforcing steel fabricators. Each fabricator has a particular style for shop drawings and cut sheets.

A job is built according to the shop drawings and cut sheets prepared by the subcontractors and manufacturers after these documents have been first reviewed by the general contractor, and then approved by the architect and/or engineer. Shop drawings represent, by their very nature, “design and detailing.”

Resort Hotel Litigation

The leveling of post-tensioned structural concrete slabs at a resort hotel were the subject of recent litigation. These PT slabs were comprised of elements such as formwork, rebar, embeds, and tensioning cables. Each were the subject of shop drawings that were prepared by the GC/sub and approved by the A/E.

The GC alleged that its bid, “Excludes design & detailing to accommodate “Structural Movement/Tolerances” per S1.01”, and, therefore, excludes PT floor leveling. However, neither the GC nor any of their subcontractors or vendors referred to this exclusion during the job. It was not mentioned in the sub’s bid nor any other bid, none of the subcontractor correspondence refers to it, and the GC and sub only mentioned the exclusion at the end of the job when a related claim arose.

In the absence of any such exclusion, the owner asked, “precisely what would you have included in your shop drawings that is not included in your approved shop drawings? Similarly, precisely what “design and detailing”, i.e., create drawings, did you actually perform to level the guestroom post tensioned floors?

Use this Search Engine to find the terms and information you need at our site.

And, the right side bar of each page here contains many related articles and posts.

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

_________________________________________

See Related Selected Pages at our site hcgexperts.com

Source: http://www.hcgexperts.com (http://s.tt/152ME)

Construction Design Claims, Disputes, Experts

Staff — Thu, 29 Mar 2012 23:21:34 +0000

The construction design experts at Holloway Consulting provide construction expert and dispute resolution services to law firms, public agencies, project developers, owners, design professionals, construction managers, general and trade contractors, etc. We have been retained by plaintiffs and defendants, including third and fourth party defendants.

This is the first post in Holloway’s series covering some of the construction design issues that have arisen on the hundreds of projects, claims and disputes we have worked on over the past forty years.

Construction Design Claims, Disputes, Experts

Disputes Involving Shop Drawings versus Contract Design Drawings

A shop drawing is a drawing or set of drawings produced by a contractor, supplier, manufacturer, subcontractor, or fabricator. Shop drawings are typically required for pre-fabricated components including elevators, structural steel, trusses, pre-cast, windows, appliances, cabinets, air handling units, and millwork. The shop drawing is the manufacturer’s or the contractor’s detailed version of information shown on the construction contract design documents. The shop drawing normally shows more detail than the construction documents, and is drawn to explain the fabrication and/or installation of the items to the manufacturer’s production crew or contractor’s installation crews. The style of the shop drawing is usually very different from that of the architect’s or engineer’s drawings. The shop drawing’s primary emphasis is on a particular product or installation and often excludes notation concerning other products and installations.

Shop drawings are not produced by architects and engineers under their contract with the owner. Rather, shop drawings represent the next level of detail beyond the contract drawings, and include information for the architect and engineer to compare to the contract specifications and drawings. A shop drawing addresses the appearance, performance, and prescriptive descriptions in the specifications and construction drawings. A shop drawing often is more detailed than the information shown in the contract construction documents and give the architect and engineer the opportunity to review and approve the fabricator’s version of the product, prior to fabrication or installation. The contractor’s or manufacturer’s references to the construction documents, drawings, and specifications assist the architect and engineer in their review of the shop drawings.

The inclusion of the manufacturer’s material specifications, “catalog cut sheets,” and other manufacturer’s information may be helpful to the architect and engineer during their review these drawings. Because shop drawings facilitate the architect’s and engineer’s approval of the product, they should be as clear and complete as possible.

Dimensions, manufacturing conventions, and special fabrication instructions are included on the shop drawing so it will be clear to fabrication personnel what will be fabricated from the shop drawings alone. The contract construction documents are rarely used as a reference in fabrication, with the fabricators relying on the shop drawings for all their necessary information.

Holloway’s second article is at Shop Drawing Disputes.

Use this Search Engine to find the terms and information you need at our site.

And, the right side bar of each page here contains many related articles and posts.

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

_________________________________________

See Related Selected Pages at our site hcgexperts.com (2-12-12)

Source: http://www.hcgexperts.com (http://s.tt/152ME)

Directory of Posts at hcgexperts.com

Staff — Tue, 27 Mar 2012 16:46:51 +0000

Use this Search Engine to find the terms and information you need at our site.

And, the right side bar of each page here contains many related articles and posts.

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

_________________________________________

See Related Selected Pages at our site hcgexperts.com (5-16-12)

Source: http://www.hcgexperts.com (http://s.tt/152ME)

Index of Posts at disputesinconstruction.com

Staff — Tue, 27 Mar 2012 06:12:23 +0000

Use this Search Engine to find the terms and information you need at our site.

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

_________________________________________

See Related Selected Pages at our site disputesinconstruction.com (2-12-12)

Heavy Civil Construction Projects Claims Expert

Staff — Sun, 25 Mar 2012 20:08:40 +0000

Holloway Consulting is an expert in heavy civil construction projects and claims. Some of Holloway’s heavy civil projects to be addressed here over the coming weeks include:

Heavy civil Construction Projects and Claims Expert

OIL SHALE SURFACE MINING AND EXTRACTION PLANT, COLORADO

In 1978, Mr. Holloway worked as a Project Engineer in the home office of Stearns-Roger on EXXON’s commercial scale oil shale surface mining and extraction plant then to be constructed near Parachute, Colorado.

COPPER MINING AND SMELTING; SONORA, MEXICO

In 1979, Mr. Holloway was a Project Engineer in the home office and in the field for the Turnkey Contractor, Fluor Mining & Metals, on this GrupoMexico copper ore open-pit or opencast mining and smelting project.

BAUXITE MINING AND ALUMINA SMELTING; JAMAICA

In 1980, Mr. Holloway was a Project Engineer in the home office and in the field for the Turnkey Contractor, Kaiser Engineers and Aluminum, on this opencast bauxite mining and alumina smelting project.

RADIOACTIVE MATERIAL PROCESSING AND DISPOSAL; IDAHO

This project and claim involved Holloway Consulting’s subcontractor-client’s 1995 conceptual engineering and design of automated and robotic systems used in the extraction and disposal of buried nuclear weapons and related materials. The opposition was the world’s largest US defense contractor under contract with the DOD.

UNDERGROUND COAL MINE DEVELOPMENT; WEST VIRGINIA, KENTUCKY, AND COLORADO

Holloway Consulting was a damages claims expert in 2005 for the terminated Houston, Texas-based Turnkey Contractor in litigation on these construction projects.

COAL MINES; WYOMING AND MONTANA

Holloway Consulting was also a damages claims expert in 2005 for the terminated Houston, Texas-based Turnkey Contractor in litigation on these projects.

UNDERGROUND URANIUM MINES; NEW MEXICO AND WYOMING

UNDERGROUND COPPER MINE, UTAH

HOOVER DAM BYPASS BRIDGE AND HIGHWAY 93 ARBITRATION

COUNTY STATE AID HIGHWAY IMPROVEMENTS, MINNESOTA

COLORADO HIGHWAY 83 EXPANSION PROJECT, CDOT

HIGHWAY 5 GRADING/PAVING, IDOT PROJECT, CARLISLE, IOWA

Heavy Civil Construction Project Claims and Litigation Topics

All of these civil construction projects were constructed through the use of heavy civil soil and rock moving equipment such as dozers, scrapers, excavators, articulated trucks, water equipment, dust control, haul road equipment, compacters, etc. Therefore, we are experts in the analysis of the bid/contract versus actual performance of civil operations using such equipment.

Cut/fill earthwork operations are part of most heavy civil operations, both in terms of soil and overburden removal and construction of the ever-changing network of roads and drainage involved. In these instances, the techniques, equipment and labor applied are in many ways the same as for normal earthwork operations on a highway construction project or a commercial project development. Likewise, the analyses of changes, entitlement and damages quantification remain very similar, whether a heavy civil or highway construction project. As a result, cut/fill earthwork operations are not only part of our open pit and civil and heavy civil jobs, but are also part of numerous other projects, including commercial building projects.

Rock blasting is often a part of a heavy civil construction operations – all of the projects shown here, and also part of other civil projects involved substantial blasting, with and without overburden, and for removal of rock formations, shaping slopes, etc. Mechanical ripping of surface and subsurface stone and rock materials was also part of these projects.

All of these mine sites included some combination of tailings impoundments, levees, dikes, dams, berms, etc. These 25-75 acre tailings cells were for disposal of processed ore, with excess cut used for closure cover and other site construction. Embankment construction is common to these cells, and range in height from ~25 ft. to 75 ft.

These sites also have retention basins, wet ponds and/or wet detention basins to manage storm water runoff along with detention basins or dry ponds to temporarily store storm water. The key element is that these facilities must be designed and constructed to minimize mine process interruptions.

Heavy civil construction means and methods (e.g., haul routes, road plating, temp. roads, temp. access, etc.), equipment spreads and material haul routes are a fundamental element in most or all heavy civil projects, and many other Holloway projects such as airport construction (i.e, DIA runways), highway and road building, etc. Similarly, earthwork and excavation equipment budgeting, utilization and costing and damages are parts of most civil construction projects and claims, perhaps most recently/notably at Hoover Dam Bypass Bridge Arbitration case.

Use this Search Engine to find the terms and information you need at our site.

And, the right side bar of each page here contains many related articles and posts.

The Holloway Consulting Group, LLC
Heavy Civil Construction Advisers, Managers and Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

_________________________________________

See Related Selected Pages at our site hcgexperts.com (2-12-12)

Building Construction Disputes Experts

Staff — Tue, 20 Mar 2012 12:40:11 +0000

Building Construction Disputes Experts

The building construction experts at Holloway Consulting provide construction expert and dispute resolution services to all parties, including law firms, public agencies, developers, owners, design professionals, construction managers, general and trade contractors, etc. We have been retained by plaintiffs and defendants, including third and fourth party defendants.

This is the second post in Holloway’s series covering some of the questions that should have asked asked and investigated by the owner and/or contractor in the hundreds of building projects we have worked on over the past forty years. Many other such questions that will be included in future articles:

PRE-CONTRACT ISSUES

Inland Wetland Approvals

a. Does any portion of the site encroach on inland wetlands? If yes, are all appropriate approvals in place?
b. If required approvals are not apparent, have you requested the confirming information from the owner?

Interference of Utilities

a. Have the characteristics of all existing utilities been verified with each respective company?
b. Has each company representative reviewed the details with you at the site?
c. Is anything different from that represented on the plans?
d. Are the current utility charges for the various tie-ins the same as those given at the time of bid?

Plan Approvals

a. Has the building permit been applied for at the earliest possible time?
b. Were there any problems?
c. Were any notes or corrections made on the plans?
d. Has the permit been delayed in any way?
e. Is a permit required and a Certificate of Occupancy necessary for temporary field offices?

Temporary Utilities

a. Have you confirmed the anticipated conditions at the time of bid?
b. Are conditions adequate?
c. Are site conditions now different?
d. Are additional telephone/power poles needed?
e. Is permanent power available at all (without temporary power equipment)?
f. Is previously anticipated use of existing facilities now prevented?
g. Is temporary heat and protection now required due to owner-caused delay?
h. Is water available in sufficient amounts to support construction?

Use this Search Engine to find the terms and information you need at our site.

And, the right side bar of each page here contains many related articles and posts.

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

_________________________________________

See Related Selected Pages at our site hcgexperts.com

BUILDING CONSTRUCTION DISPUTES

Staff — Sat, 17 Mar 2012 20:13:10 +0000

AVOIDING BUILDING CONSTRUCTION DISPUTES

Holloway Consulting’s experts provide Construction Dispute Services to all parties in the building construction process, including law firms, public agencies, developers, owners, design professionals, construction managers, general and trade contractors, etc. We have been retained by plaintiffs and defendants, including third and fourth party defendants.

This is the first post in our series which covers some of the questions that should have asked asked and investigated by the owner or contractor in the hundreds of building projects we have worked on in an effort to anticipate and avoid construction change orders and disputes. Many other such questions that will be included in future articles:

PRE-CONTRACT ISSUES

Properties Adjacent to the Building

a. Have all properties adjacent to the site perimeter been examined in detail?
b. Are there seasonal watercourses?
c. Are there heavy traffic patterns?
d. Are there other proximate independent construction activities?

Building Subsurface Data

a. Are boring depths consistent?
b. Are boring locations erratic or unusual?
c. Are boring locations relevant to construction?
d. Are borings provided outside the area?
e. Are boring gaps left within the building area?
f. What time of year were the borings taken?
g. Does the water table vary seasonally?

Building Code Compliance

a. Had any violations of the building codes been identified by any building official when the building permit was applied for?
b. Do any portions of the design appear out of the ordinary?
* Headroom?
* Entrances/exits?
* Handicap provisions?
* Fire separations?
* Lighting?
* Ventilation?

Building Easements/Rights of Way

a. Are there designated easements? If yes, will they adversely affect your construction operations?
b. Do local traffic patterns restrict site access?
c. Are there parking areas, traffic patterns, business, etc., at the contract limit line that will restrict operations in any way?
d. If the answer to 4.c is yes, have you investigated all conditions?
e. If a restriction to your operation is evident, has your estimate accommodated it in some way?
f. If the answer to 4.e is no, should a reasonable prebid site investigation have disclosed the condition?

Use this Search Engine to find the building terms and information you need at our site.

And, the right side bar of each page here contains many related articles and posts.

Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

_________________________________________

See Related Selected Pages at our site hcgexperts.com (2-12-12)

Construction Subcontractor Contract Drawing Coordination Analysis

Staff — Fri, 24 Feb 2012 14:48:51 +0000

Holloway Consulting provides Construction Consulting Services to subcontractors in most or all construction trades – civil, structural, mechanical, electrical, etc. This page is aimed at subcontractor risk reduction considerations related to their contract drawing analysis and coordination during the pre-construction phase. The suggestions in our series will be old news to many subcontractors, but not to all:

Construction Subcontractor Consulting Services

Pre-Construction Phase Risk Reduction Activities

Contract Drawing Coordination Analysis

Construction drawings should obviously be coordinated in advance of actual construction. Designers expect this coordination to take place and most contracts make it a requirement, not only to detect interferences with other trades, but also to allow the respective trade subcontractors to impose their own expertise onto the design. Coordination should not be performed in a perfunctory manner, as it is the subcontractor’s opportunity to conform the design to practical constructability and he/she should use people who understand the relevant structural, mechanical and/or electrical drawings. Ideally, the project superintendent would also be involved in both the planning and checking phase of the drawing coordination.

From an expert’s risk reduction and potential future claims standpoint, certain safeguards need to be included in the drawing coordination activity. First, a copy of the original contract drawing should be made in both hard copy and electronic format and stored in a safe place. This is the record of the as-bid contract condition and should be stamped as such. The original drawing is then used to make working copies for coordination drawings and it should be updated continually to reflect changes by the owner. Revisions should be noted on the drawings in sufficient detail to provide a traceable record of the history of revisions. In this manner, the original contract drawing will eventually evolve into the project’s as-built drawing.

In addition, a contract drawing revision log should be maintained, along with a file of the directed changes. If a changed condition or claim should develop regarding defective and deficient contract documents, the original drawing can be quickly contrasted with the updated drawing and the revisions log to reflect the magnitude of the changes or defects.

The foregoing is a general approach; all projects and documents will be different to some degree. For instance, there are projects on which the owner furnishes an updated copy with each change, saving the subcontractor the effort required to make the alteration. In this case, the important item is to first review the changes to ensure they are understandable and completely identified. Then, a complete, easily followed record of all changes should be maintained.

We invite you to ask us questions about your project.

The Holloway Consulting Group, LLC
Subcontractor Construction Experts
12081 W. Alameda Pkwy., #450
Lakewood, CO 80228-2701
Denver Phone: (303) 984-1941
International Toll Free: (888) 545-0666
Fax: (303) 716-0432
Email: steve.holloway@disputesinconstruction.com
Blog: disputesinconstruction.com
Web: hcgexperts.com

________________________________
Selected Subcontractor Related Pages at our site – hcgexperts.com