PROGRESS REPORT – TAKING STOCK

This post is a progress or status report as McLaughlin and McLaughlin (M&M) assesses the status and progress of this Project Professionals blog.

Project Professionals commenced operations in late January 2011.  The initial posts were on January 24, 2011.  The blog and blogging were new to M&M and there was an expected learning curve.  The rate of learning was substantially improved by advice and assistance from several key advisors.  We wish to express our sincere thanks to all for the help.

The first full month of blogging was February 2011.  As April comes to a close, we find the visitor rate (sometimes referred to as the analytics) to be very encouraging.  The analytics for April reveal that visitors and page views have more than doubled since February.  Visits have come from over 40 countries.  As April draws to a close, we see the visitor activity continuing to increase. [Read more…]

Construction Field Labor Productivity Improvement – Plan the Work Well

This is the sixth post regarding productivity in engineering and construction projects.  To review an index and links to the entire series, please visit Subject Series  page in this blog.  This post discusses planning the work and the related impact on construction field labor productivity.

Any discussion of construction field labor (worker) productivity must, of necessity, eventually involve the idea of planning the work.  Virtually every major project employs the expertise of several planners and schedulers to work the Primavera® scheduling program or some other comparable software.  Great effort is placed on getting just the right schedule assembled and in place – with the right number of activities and leveled manpower, etc.  However, all too often the schedule has been constructed in a near vacuum with little or no input or review from those who have to make it work in the field. [Read more…]

Contract Notice and Recognition (Part 4)

This is the fourth post in a series regarding Construction Contract Notice and Recognition.

This post addresses backcharges.  The subject does not have a broad applicability; but is very troublesome to subcontractors and vendors.  This discussion is focused on notice.

Simply, backcharges (or backcharge) is a term of art or a term of the trade to describe an assessment of money from one contract party to another.  Typically, this is done by a prime or general contractor to a subcontractor, supplier, vendor or other subordinate party.  Unfortunately, this is often done unilaterally and without explicit contractual coverage.  Further, the timing of these backcharges is not favorable to the recipient and can lead to pressure to engage in deal making or compromises in order to receive final payment. [Read more…]

Contract Notice and Recognition (Part 3)

This is the third post in a series regarding Construction Contract Notice and Recognition.

Initial questions regarding compliance with contract notice provisions can be answered in a straightforward manner.  Yes, of course it is best practice to comply with these important provisions.  This point is clearly stated in the following comments within LinkedIn Construction Law Group Discussion regarding notice.

Emily Monastiriotis • Cases like Education 4 Ayrshire Limited -v- South Ayrshire Council (which is subject to Scots law) illustrate the importance of issuing contractual notices particularly when such requirements are conditions precedent. As a lawyer my tendency is to think that clients ought to err on the side of caution and issue notices when any issue arises that may trigger any of the provisions of the contract. I accept and recognise that such notices may not be well received by the Employer but I think it is better to protect your rights rather than lose them because of a simple administrative failure to issue a requisite notice.

A Google search of notice of contract claims yielded some comments at HALBERSTADT CURLEY website.  The blogger states that there are three key components associated with contract claim notice: [Read more…]