Big-D taps construction law vet for chief legal officer
Construction Dive
JUNE 7, 2024
Melissa Beutler Withy, who has written and edited two books on construction law, first represented the company as a partner at a private law firm.
Complimentary E-Book: Best Practices for Contractors to Address COVID-19
Best Practices Construction Law
MARCH 20, 2020
And feel free to pass on the book to a friend or colleague with same request…subscribe to the right! You can download a complimentary copy here: Best Practices – COVID19 and Construction Claims , but please do me a favor and subscribe to the blog on the sidebar to the right.
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Good Faith and Fair Dealing: The Essence of Construction Agreements
Constructonomics
DECEMBER 28, 2014
On construction projects, contractors, owners, and subs will fire contract language back and forth like missiles in what gets to be an arms race of legalities that negatively affects projects by creating panic and anxiety. Things get much more muddled when contract language, and legalities are entered into the mix. Berkeley.
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Valid Construction Cost Estimate Creation
Job Order Contracting
MARCH 30, 2022
Definition of VALIDITY – the quality of being logically or factually sound; soundness or cogency; the state of being legally or officially binding or acceptable. A locally researched, granular, detailed line-item unit price book (UPB) is a valuable tool for creating a valid construction cost estimate. and oversight groups.
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Robust LEAN Job Order Contracting 2022
Job Order Contracting
MAY 28, 2022
A common data environment (CDE) including a granular, locally researched unit price book. Significantly improved use of financial resources – fewer change orders and virtual elimination of legal disputes. Consistent delivery of projects on time and on budget and higher levels of satisfaction participants and stakeholders.
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Better Manage Construction Costs Schedules and Quality
Job Order Contracting
FEBRUARY 20, 2021
The errors and poor processes result in change orders, project delays, and legal disputes. A detailed scope of work is associated with a detailed line item cost estimate and builder’s proposal based upon a locally researched unit price book. 10% are due to site related productivity issues, most of which could have been foreseen.
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The Physics of Efficient Construction Delivery – Improving Facilities Repair, Renovation, Maintenance, and New Builds
Job Order Contracting
APRIL 29, 2022
A mandatory component is the use of a current, locally researched detailed line-item unit price book and/or database. When used within a robust programmatic planning, procurement, and project delivery framework, it serves to virtually eliminate costly change orders and legal disputes. Common Data Environment.
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3 Legal Concepts That Are Counter-Intuitive…and Dangerous
Construction Law Monitor
NOVEMBER 9, 2010
Sometimes the best blog posts and legal articles are the simplest. Take, for example, a post from early October by Joshua Glazov on his Construction Law Today blog , where he simply cites a 1941 quote from US Supreme Court Justice Robert Jackson : The legal profession, like many another, tends to become over-professionalized.
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5 Ways to Prepare for New Revenue Recognition Standards
Viewpoint Construction Technology
APRIL 17, 2018
Viewpoint recently published an e-book in collaboration with Construction Dive that outlines key ways to prepare for the new revenue recognition standards in the construction industry. This first step should be pretty easy for most contractors, since legally-binding contracts are already part of their processes. Identify the Contract.
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Book Reviews
Construction Law
DECEMBER 1, 2024
Lauren Fullerton , Assistant Professor at Northumbria University and Door Tenant at Trinity Chambers , reviews two recently published books, one on party walls that is recommended to lawyers, party wall surveyors, academics and members of the public alike; and a guide to construction contracts in Northern Ireland, said to be the first comprehensive (..)
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JOC Software Technology
Job Order Contracting
DECEMBER 30, 2016
JOC software technology should primarily focus upon enabling contractors and owners to create detailed line item construction costs estimates, using the appropriate JOC unit price books,that adequately reflect the scope of work required by the owner. The software should be easy to install and use.
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Collaborative Construction Performance, Enablers, & Requirements
Job Order Contracting
JANUARY 28, 2020
Collaborative behavior is somewhat foreign within an industry segments known for mistrust, antagonistic relationships and legal disputes. Additionally a certain level of owner leadership and competency is a core requirement. That said, there is little overtly complex about LEAN collaborative methods.
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New Book (and Website) on Construction ADR Released This Week!
Best Practices Construction Law
JANUARY 20, 2014
As the Editor for the Forum Online , I have the privilege of assisting with the release of Construction ADR , a new book published by the Forum. The book contains a detailed discussion and analysis of all aspects of ADR processes used in the construction industry including mediation, arbitration, DRBs, IDMs, and project neutrals.
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JOC Cooperative
Job Order Contracting
APRIL 11, 2017
Using a JOC Cooperative enables eligible entities to meet requirements associated with providing legally mandate competition for contracts of commonly purchased products and services, while saving the the cost of going through the traditional procurement process for each and every renovation, repair, or minor new construction project.
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JOC Contract
Job Order Contracting
FEBRUARY 14, 2017
A JOC Contract is the legal, multi-party procurement and construction delivery document that specifies roles, responsibilities, workflows, deliverables, time frames, and expenditure limits for renovation, repair, and minor new construction projects. . JOC Unit Price Book. Unit Price Book. Simplify JOC management activities.
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Zero Waste in an Era of Net Zero Everything
Green Building Law Update
FEBRUARY 26, 2022
Bill McDonough and Michael Braungart later acknowledge flaws in their reasoning in their not nearly as popular follow up book, The Upcycle. Their ideas never scaled and much of their work was transferred to the Green Building Certification Inc., who incorporated it into some LEED credits. yes, this blog will continue).
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Construction Safety Management and Engineering – a handy book for beginners
Construction Cost Estimating
AUGUST 30, 2014
Construction Safety Management and Engineering, the much cherished book edited by Darryl C.Hill, has produced its second edition. This book has extensive coverage on implementation of safety and healthy programme of the construction companies. The authors of the books are some of the best know writer in the industry.
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Alternative and Iterative LEAN Project Delivery
Job Order Contracting
NOVEMBER 27, 2020
A collaborative long-term multi-party contract and integral Operations Manual / Execution Guide are key elements as is a common data environment inclusive of a locally researched, detailed unit price book. The interrelationships between all participants and stakeholders are well defined. Alternative LEAN Project Delivery.
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191 Book Review. Construction Law: An Introduction for Engineers, Architects and Contractors
Construction Dive
MARCH 5, 2015
This has served as the foundation of this reviewer''s own writings of books and periodicals about construction contracts and construction law. Kelley covers basic legal principles, operational processes, contract administration and the roles of the various players as well.
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Revenue Projections
Mr Ethics
OCTOBER 28, 2014
The project owner thinks are projections are too low because we based our study on scheduled events and not possible, non-booked events such as ice shows; kid shows; etc. If you cannot use possible income and the owner still pushes for same, then I think you have an ethical and legal decision to make. Mr. Ethics
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Job Order Contracting - Untitled Article
Job Order Contracting
APRIL 11, 2019
Optimized Schedule & Cost Clear Expectations and Objectives Commercial & Technical Innovation Proactive Risk Mitigation Full Regulatory Compliance Financial Transparency – Locally researched detailed unit price book, UPB Reduced Time & Money Wasted On – Procurement, Change Order, Legal Disputes… Owner Leadership, Team (..)
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Revenue Projections
Mr Ethics
OCTOBER 28, 2014
The project owner thinks are projections are too low because we based our study on scheduled events and not possible, non-booked events such as ice shows; kid shows; etc. If you cannot use possible income and the owner still pushes for same, then I think you have an ethical and legal decision to make. Mr. Ethics
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Revenue Projections
Mr Ethics
OCTOBER 28, 2014
The project owner thinks are projections are too low because we based our study on scheduled events and not possible, non-booked events such as ice shows; kid shows; etc. If you cannot use possible income and the owner still pushes for same, then I think you have an ethical and legal decision to make. Mr. Ethics'
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100 LEAN Construction for Facilities Renovation, Repair, Minor New Construction
Job Order Contracting
JULY 10, 2017
Virtual elimination of legal disputes. Independent, objective, locally research JOC unit price book (preferable to national average price books and adjustment factors). Existence of so-call open book JOC and competitive JOCs. Few change orders. Risk reduction. Focus upon outcomes. Value-based procurement.
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Job Order Contracting – The Legal Side
Building Information Management
NOVEMBER 18, 2015
This is an example of Job Order Contracting from a legal perspective and that of a school district in Texas. This is NOT intended as ANY form of legal advice or counsel, but simply to share information relative to efficient construction project delivery methods. source: [link]. Magnolia ISD 170906. Gov’t Code 2269.401.
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Job Order Contracting - Untitled Article
Job Order Contracting
APRIL 12, 2019
Optimized Schedule & Cost Clear Expectations and Objectives Commercial & Technical Innovation Proactive Risk Mitigation Full Regulatory Compliance Financial Transparency – Locally researched detailed unit price book, UPB Reduced Time & Money Wasted On – Procurement, Change Order, Legal Disputes… Owner Leadership, Team Input and Control (..)
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Construction Business Owner Blogs
Construction Business Owner
JUNE 20, 2011
I think it is important that business owners never stop learning, so I read a lot of books to further my education on how to make my business the best it can be. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. productivity. project collaboration. project management. small business. social networking.
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Understanding the Contractor’s Job Order Contract Coefficient
Job Order Contracting
SEPTEMBER 28, 2016
A Job Order Contract Coefficient is a numerical factor that represents costs (generally indirect costs) not included in the unit price line items within the Unit Price Book, UPB, associated with the Job Order Contract. Business taxes, contributions, memberships, corporate headquarters support (legal, financial, etc.).
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100 LEAN Construction Services Procurement and Delivery
Job Order Contracting
JANUARY 22, 2019
We all know what can go terribly wrong with traditional construction procurement and delivery processes… lack of financial visibility, poor work scope definition, quality issues, legal disputes… in short, poor outcomes tend to be the norm.
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100 Davis Bacon Prevailing Wage Rages
Job Order Contracting
AUGUST 2, 2019
The Four BT OpenJOC Unit Price Book(TM) incorporates prevailing wage rates or Davis Bacon prevailing wage rates based upon contract and client related requirements. The unit price book includes detailed unit price line item construction costs for repair, renovation, and new builds. Report this.
Improve Construction Productivity Via Relationship Management
Job Order Contracting
FEBRUARY 16, 2018
Consider total cost of the project/program, including change orders, potential for legal disputes, and especially prior performance on similar projects. Common Data Environment (CDE) – Use a unit price book that outlines and details ALL required construction tasks, inclusive of labor, material, and equipment information.
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Regulatory – Job Order Contacting Statutes and Guidelines
Job Order Contracting
MARCH 3, 2018
Any information provided it NOT intended as any form of legal guidance. Arizona – Note: Arizona JOC statutes do not require a unit price book and thus do not appear to conform with minimal requirements for a “best practice” JOC Program. This is list is for reference only and may not be complete or current. 2010 Arkansas Code.
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Attention Construction Contractors – Collaboration is Key to Customer Experience
Job Order Contracting
JULY 25, 2018
Financial and Project Composition Transparency – The use of a locally researched line item detailed unit price book , UPB, organized using CSI Masterformat (50 Division). Change orders and legal disputes can virtually be eliminated.
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Job Order Contacting & Line Item Estimating Basics Workshop
Job Order Contracting
JULY 30, 2018
It is based on the locally researched 4BT OpenJOC(TM) Unit Price Book and detailed line item estimating as the cost basis. . Change orders and legal disputes are virtually eliminated.
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Innovative LEAN Construction Tools
Job Order Contracting
JUNE 13, 2019
Common Terms, Definition, including a locally researched, detailed unit price book for associated construction tasks. Both change orders and legal disputes can be virtually eliminated with a properly designed and managed LEAN construction procurement and delivery framework. Long-term Relationships. Financial Transparency.
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Legal Fallout Spreads from Trainor Glass Default | ENR.
ENR Construction
JULY 31, 2012
Book Reviews. Legal Fallout Spreads from Trainor Glass Default. Washington Observer. Economic Stimulus. Product Snapshot. Interviews. People on the Move. Obituaries. Multimedia. Annual Photo Contest. Photo Contest Archives. Slideshows. Reader Photos. ENR Midwest. ENR Mountainstates. ENR New York. ENR Southeast. ENR Southwest.
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Job Order Contract Implementation
Job Order Contracting
JANUARY 24, 2017
From an owner perspective stakeholders include senior management, project management, administrative, accounting, purchasing, building uses, and legal staff. Stakeholders need to clearly discuss and establish the goals of the job order contract, associated milestones, timelines, and resource requirements.
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100 Construction Business Owner Blogs
Construction Business Owner
NOVEMBER 8, 2011
One of my favorite books is Good to Great by Jim Collins. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. Not All Construction Software is Created Equal » Being the Best. I read a lot. I think it’s a great way to keep the education ongoing like I talked about two weeks ago. productivity. technology.
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Residential building material warranties
GCP Applied Technologies
SEPTEMBER 14, 2020
They are overwhelming, long to read, and the legal jargon seems like another language. Download our product sample book to review all products covered under GCP's 10-year warranty. sample book. . However, warranties serve a purpose. To review GCP's complete residential 10-year warranty, click below…. residential warranty.
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148 Construction Business Owner Blogs
Construction Business Owner
MARCH 6, 2011
I just finished reading Steven Rattner’s book, Overhaul – An insider’s account of the emergency rescue of the automakers. I learned something from reading this book. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. Construction Business Owner E-Newsletter. -->. Home » Blogs.
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Things Contractors Should Know About Job Order Contracts
Job Order Contracting
JANUARY 5, 2017
It is important to review all Job Order Contract provisions to assure avoidance of any unnecessary financial risk or potential legal issues. [1]. Unit Price Book: Do’s. Unit Price Books should be updated annually. Review the methodology used to create the Unit Price Book being used for the Job Order Contract.
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100 Job Order Contracting - Untitled Article
Job Order Contracting
FEBRUARY 6, 2019
Improved satisfaction of building users Regulatory compliance Best value procurement Faster project procurement and delivery times Virtual elimination of legal disputes and change orders Adherence to LEAN construction delivery methods and processes Continuous improvement Key performance indicators / metrics Full audit trail Selection of vetted quality (..)
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100 Job Order Contracting – Review of Best Management Practices 2019
Job Order Contracting
JULY 21, 2019
Procurement costs, project delivery times, overall construction costs, changes orders, and legal disputes can all be mitigated via properly established and managed JOC Programs. In order to implement job order contracting, a LOCALLY RESEARCHED JOC unit price book is a core requirement. How Does Job Order Contracting Work?
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Guide presents benefits of public-private partnerships
BD+C
JULY 6, 2020
A new book, “Citizen’s Guide to P3 Projects: A Legal Primer for Public-Private Partnerships,” presents the benefits of public-private partnerships. Intended to help architects, engineers, contractors, suppliers, elected public officials and ordinary citizens learn more about P3 projects. The guide was authored by Ernest C.
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