Mr Ethics

FEBRUARY 24, 2015

One of my partners remembers hearing about a lawsuit involving a project architect’s and contractor’s use of someone else’s drawings. Using the designs of another without their permission can also result in a copyright infringement claim. Regards, Plan Shy. Dear Plan, This is a familiar situation where ethics and the law converge.

Plans 100

Plans Claims Drawings Documentation 100

Mr Ethics

FEBRUARY 24, 2015

One of my partners remembers hearing about a lawsuit involving a project architect’s and contractor’s use of someone else’s drawings. Using the designs of another without their permission can also result in a copyright infringement claim. Regards, Plan Shy. Dear Plan, This is a familiar situation where ethics and the law converge.

Plans 100

Plans Claims Drawings Documentation 100

Green Building Law Update

MAY 29, 2022

a publicly traded Brazilian mining company and one of the world’s largest iron ore producers, with making false and misleading claims about the safety of the Brumadinho dam including through its environmental, social, and governance (ESG) disclosures. Securities and Exchange Commission last month charged Vale S.A.,

Security 156

Security Commissioning Claims Risk 156

Contractor Connection

OCTOBER 11, 2023

In today’s ever-evolving insurance landscape, the importance of swift and efficient claim resolution cannot be overstated. Let’s embark on a thorough exploration of how Contractor Connection partners with the insurance industry, delivering a holistic, efficient, and dependable claim journey.

Insurance 105

Insurance Contractors Industrial Claims 105

Constructonomics

DECEMBER 1, 2012

The owner of the Hotel is claiming that the $275 million building requires a complete demolition due to the omission of required reinforcement in the lower level concrete columns. But as of now, the owner claims that the building would collapse in an earthquake and the Harmon Hotel stands as the world’s largest billboard.

Las Vegas 100

Las Vegas Claims United States Certification 100

DebunkTheBIM

MARCH 9, 2017

One area is ‘Visualizing Claims’. Nowadays a claim for a variation (and/or EOT) will include massive numbers of drawings, BOQs, complicated P6 schedules and often lengthy narratives. So, BIM-mers out there with a bit of ‘oomph’ give it a go and plant yourselves within your organization’s Claim teams.

BIM 91

BIM Management Claims Visualization 91

Mr Ethics

JUNE 19, 2015

This is often done to allow the LLC to draw off the profits from the project and then leaving the remaining parties to fund the project and claims that will arise. So there is nothing wrong with forming LLC’s as a project delivery vehicle. Ethics come into play when the LLC is deliberately underfunded for a project.

Legal 100

Legal Liability Drawings Claims 100

Mr Ethics

JUNE 19, 2015

This is often done to allow the LLC to draw off the profits from the project and then leaving the remaining parties to fund the project and claims that will arise. So there is nothing wrong with forming LLC’s as a project delivery vehicle. Ethics come into play when the LLC is deliberately underfunded for a project.

Legal 100

Legal Liability Drawings Claims 100

Mr Ethics

JUNE 19, 2015

This is often done to allow the LLC to draw off the profits from the project and then leaving the remaining parties to fund the project and claims that will arise. So there is nothing wrong with forming LLC’s as a project delivery vehicle. Ethics come into play when the LLC is deliberately underfunded for a project.

Legal 100

Legal Liability Drawings Claims 100

BD+C

APRIL 12, 2019

The club and ballpark are wholly owned by Howard Hughes Corporation, which claims this is the first minor-league ballpark in the U.S. On April 9, the Las Vegas Ballpark, home to the Las Vegas Aviators Triple-A baseball team, opened in Downtown Summerlin, Nev. to be built within a master-planned community.

Las Vegas 55

Las Vegas Drawings Claims Plans 55

Construction Lawyer

FEBRUARY 24, 2014

Often, contractors will need to prepare “shop drawings” to show specific details of the work they are to perform. Such shop drawings also require that the contractor have a license to use the architect’s plans. Such a license is necessary if copies of the plans in any form are to be made and to construct the building from those plans.

Drawings 45

Drawings Plans Contract Documentation 45

Lets Build

JANUARY 5, 2022

Some contracts deem force majeure as a relevant event that may grant the contractor ability to file claims on an extended time needed to deliver their obligations under the contract. These claim disputes are common especially when it comes to unfavorable weather as the term is mostly vaguely defined. Deliveries. Decisions and choices.

Construction 146

Construction Schedule Contract Claims 146

Construction Junkie

AUGUST 10, 2020

The RFI process is an area rife with possibilities of delay and monetary claims if not handled properly. The process is an official way to make sure that the contractors involved have all the information necessary and that every bidder is pricing the exact same way.

Statistics 105

Statistics Construction Drawings Documentation 105

Lets Build

JUNE 18, 2019

Construction contracts include many documents other than the signed piece of contract including contract drawings, specifications and prevailing conditions of the contract. These are long documents which most parties to the contract ignore going through in detail.

Contract 104

Contract Documentation Drawings Consulting 104

Construction Lawyer

SEPTEMBER 3, 2014

The owner moved for summary judgment on the copyright claim on the basis that it had an implied nonexclusive license to use the drawings. Part of the lawsuit contained allegations by the architect that the owner and its new architect violated the architect’s copyright. The court held that the AIA contract did not apply.

Agreement 45

Agreement Claims AIA Contract 45

Construction Dive

MARCH 20, 2013

One of the most common administrative mistakes contractors make that give rise to claims and disputes is failing to give their contracts a thorough read through, Navigant Construction Forum Executive Director James Zack told a group of professionals attending a webinar that WPL Publishing held last week.

Claims 48

Claims Contractors Bidding Contract 48

DebunkTheBIM

MAY 5, 2024

Now, many in the industry will be quick to dispute the first claim. After all, most construction contracts are still based on drawings and there is a belief that ‘we build off drawings’. Yet it is undisputable, that a large percentage of those drawings are created in a model-based software.

BIM 62

BIM Drawings Modeling ArchiCAD 62

Construction Lawyer

AUGUST 22, 2014

As the court noted, Gensler could not sue under the Copyright Act because Stabala did not make or sell copies of any plans or drawings in which Gensler claims a copyright. This provision of the Lanham Act requires some fraudulent act to succeed.

Claims 49

Claims Architecture Drawings Employment 49

Construction Lawyer

MARCH 15, 2014

According to the complaint, the defendant visited plaintiff’s office and obtained certain information and had a third party architect draw up plans based on that information, which were virtually identical to plaintiff’s drawings. The ultimate burden of persuasion on these two elements rests with the Plaintiff.

Claims 45

Claims Plans Drawings Defense 45

Construction Dive

AUGUST 21, 2013

Examples include claim sponsorship and joint check agreements. The first case involved a prime contractor’s sponsorship of a subcontractor delay claim against the project owner. Sometimes, however, arrangements are created which involve three or more parties. This week’s cases provide two examples. Litigation ensued.

Agreement 52

Agreement Claims Drawings Contractors 52

DebunkTheBIM

JULY 26, 2014

This approach is somewhat surprising considering that in most contemporary construction contracts PDF’s as the digital representations of drawings have often higher standing than model files or even DWGs. It is being treated as something one puts up with until something better comes along.

BIM 59

BIM ArchiCAD Drawings CAD 59

FDR Safety

JUNE 27, 2012

In a recent communication, OSHA cited as an example a program in which employers created a prize-drawing for all employees who had not been injured in the previous year. An increase in the number of OSHA retaliation complaints.

OSHA 136

OSHA Injury Safety Employment 136

Construction Dive

OCTOBER 9, 2013

By Bruce Jervis Construction contracts frequently establish a procedure for the review of shop drawings and other submittals. Featured in this Week’s Construction Claims Advisor:Piecemeal Submittal of Shop Drawings Caused Slow ReviewOwner Recovers Both Liquidated and Actual DamagesCourt Addresses Delay Claim on Multiple-Prime Project'

Contract 52

Contract Contractors Drawings Claims 52

DebunkTheBIM

JULY 28, 2013

Is it not a bit arrogant to claim authority to know, how to measure the maturity of something without the ‘thing’ ever successfully been delivered in the past, not on a significant scale, anyway? This is an extremely long bow to draw. And because they do not limit their evangelism to the territory of the British Isles.

BIM 48

BIM Claims Commissioning Drawings 48

Safety Services Company

MARCH 5, 2013

In the letters, Barminco claimed the performance was in violation of the company’s “core values of safety, integrity and excellence.” ” Some of the miners reportedly were drawing a six-figure income from their work in the mine when they lost their jobs.

Safety 93

Safety Subcontracting United States Accidents 93

Viewpoint Construction Technology

JUNE 6, 2018

Some software providers claim their products work in the cloud, but those services might not be designed to take advantages of browser interfaces and mobile access. Or as one contractor recently put it, “I reviewed draw requests from 35,000 feet in the air on WiFi on a flight to China over Siberia.”

Project Management 189

Project Management Management Software Software 189

Lets Build

OCTOBER 18, 2021

This is the safest way to keep your project and yourself protected from commercial claims. By documenting everything on a single source of truth you also ensure that your project manager can raise or respond to claims very quickly. Learn more: How to connect your Snagging & QHSE processes to avoid claims and regain control.

Site 147

Site Project Management Construction Management 147

Construction Marketing Ideas

MARCH 16, 2016

I have rarely read a construction blog post with as much power and impact as this recent Procore Blog post: Inside theRisks of Construction Drawings: The Case of the Hourglass , by Bridget Johnson. The sub responsible for the structural steel ignored the mark and showed standard joist girders on the shop drawings.

ProCore 48

ProCore News Drawings Documentation 48

Autodesk Construction Cloud

SEPTEMBER 19, 2023

The Optional Reviewer can claim a step without pushing the Review forward, but additional permission controls have been added to allow Key Reviewers to edit the selected Optional Reviewer. Reviews | Add Optional Reviewers – For the Group review step, project administrators can add an Optional Reviewer as an additional reviewer group.

Autodesk 122

Autodesk Products BIM Cash Flow 122

DebunkTheBIM

SEPTEMBER 29, 2011

No, I am genuinely interested, how all the entities claiming to be doing BIM models built-off other parties’ 2D outputs are able to satisfy themselves that the 3D model is the accurate representation of the drawings. Not that it can’t be done, but is it practical? Are ‘spot’ checks really efficient? Are QA procedures really any good?

Drawings 48

Drawings Claims BIM Modeling 48

DebunkTheBIM

OCTOBER 4, 2013

without anyone one ever questing his capabilities.

Claims 50

Claims Drawings Employment Materials 50

DebunkTheBIM

OCTOBER 24, 2012

There are traditional, contract-regulated response-requirements set for many actions needed to be performed by various AEC-project participants (comments, approvals, claims, RFIs etc.) – yet no form of an MRT comes up ever as something architects would boast about. What about the AEC?

Engineering 62

Engineering Travel Drawings CAD 62

Construction Dive

JUNE 26, 2013

Featured in this Week’s Construction Claims Advisor:Insistence on Schedule Compliance Did Not Accelerate WorkLow Bidder Did Not Violate Anti-Bid Shopping LawSpecifications Not Rendered Ambiguous by Drawing Note' This was reflected in a recent New York case.

Contractors 52

Contractors New York Drawings Claims 52

Construction Dive

OCTOBER 30, 2014

What happens when you have conflicting details on two different contract drawings? These questions and more are covered in a chapter on contract interpretation by attorneys Brian Bennett and Jonathan Blocker in an upcoming book on construction claims. Which one is the contractor entitled to rely upon? Read more.'

Inspections 48

Inspections Contract Drawings Claims 48

DebunkTheBIM

FEBRUARY 3, 2011

The buildingSMART alliance claims to have developed the ‘basis for true information interoperability with AEC’. It smells of arrogance to claim the right to force an entire industry to align with the rules that themselves are yet to be proven. The need to have universal standards for working in BIM has been identified long time ago.

BIM 48

BIM Drawings Claims Profitability 48

Levelset

OCTOBER 19, 2022

The lender’s responsibility is to ensure: The construction loan is always in good standing The money that hasn’t been spent is still enough to finish the upgrades Draw disbursements are only released for work that has been completed. Learn more: The construction loan draw process explained. Lack of contingency funds.

Contractors 98

Contractors Lien Finance Construction 98

DebunkTheBIM

FEBRUARY 23, 2011

It is the ‘drawing based’ approach that is causing us trouble. Drawing based is centred on the ‘projection technique’ (i.e. orthogonal projection – what 2D technical drawings are ‘made’ from) a risky solution that requires high level of skills from the operators. Drawing based is centred on the ‘projection technique’ (i.e.

Aconex 48

Aconex Aconex BIM Drawings 48