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		<title>Construction Management Resource </title>
		<link>http://www.constructionmanagementresource.com/</link>
		<description></description>
		<language>en-us</language>
		<lastBuildDate>Thu, 11 Mar 2010 02:10:17 CST</lastBuildDate>
		<webMaster>webmaster@constructionmanagementresource.com (Webmaster)</webMaster>
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			<title><![CDATA[Owner Entitlement to Fee Recovering]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=764</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=764</link>
			<description><![CDATA[Question. This matter arises from the excavation work undertaken in anticipation of the construction of a residential subdivision and golf course. Is the Contractor's surety responsible for the reimbursement of the Owner for certain fees and costs the Owner paid to the Town, and additional fees and costs the Owner may be required to pay to the Town, in connection with the excavation?]]></description>
			<pubDate>Mon, 30 Nov 2009 11:40:36 CST</pubDate>
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		<item>
			<title><![CDATA[Does a renewal judgment lien have retroactive effect?]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=765</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=765</link>
			<description><![CDATA[Question. In 1991, plaintiff Judgment-Creditor obtained a default judgment against Judgment-Debtor for approximately $470,000 due on a note. On October 23, 1991, the judgment was docketed and acted as a lien on a Manhattan condominium owned by Judgment-Debtor. While a money judgment award is enforceable for 20 years, a real property lien resulting from the judgment is viable for just 10 years. But a renewal action may be brought between the same parties to the original action during the tenth year to extend the lien for an additional 10-year period.]]></description>
			<pubDate>Mon, 30 Nov 2009 11:40:22 CST</pubDate>
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		<item>
			<title><![CDATA[Can a California Consultant Compel Arbitration From a Developer in New York]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=766</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=766</link>
			<description><![CDATA[Question. Consultant, a California corporation with offices worldwide, provides technical and management support services for various infrastructure projects. Developer, a New York corporation, retained Consultant to provide engineering and consulting services in connection with the development of a property in Connecticut. The parties' relationship was governed by a Master Services Consulting Agreement ("MSA") that included, among other terms, a broad arbitration provision. The MSA provided that the terms for Consultant's services would be negotiated between the parties through various Task Orders. Each Task Order incorporated by reference the terms of the MSA.]]></description>
			<pubDate>Thu, 27 Aug 2009 12:49:11 CDT</pubDate>
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		<item>
			<title><![CDATA[Closing out your construction project - Handling claims and disputes]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=758</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=758</link>
			<description><![CDATA[Closing out construction projects often involves the handling of claims and disputes from the contractors.&nbsp; Contractor claims that have been submitted during construction have not been resolved or contractor claims are just being submitted because the construction is complete and the contractors are just getting around to closing out the project and tabulating costs.&nbsp; Regardless of the reason, contractor claims and disputes can be a challenge to resolve.]]></description>
			<pubDate>Thu, 20 Aug 2009 13:31:26 CDT</pubDate>
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		<item>
			<title><![CDATA[British Columbia Courts change Tender Law in Construction Industry]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=726</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=726</link>
			<description><![CDATA[Two relatively recent decisions of the BC Court of Appeal have quite drastically changed the law of tender for that province, and have given lawyers elsewhere reasons to pause for thought in determining whether or not the "duty of fairness" still applies, and if so in what circumstances, and what if any language can be used to avoid it or lessen its impact.]]></description>
			<pubDate>Tue, 30 Jun 2009 11:12:53 CDT</pubDate>
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			<title><![CDATA[The Trouble With Mold]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=714</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=714</link>
			<description><![CDATA[When mold was discovered in part of the Hilton Hawaiian Village in Honolulu, it ultimately resulted in the closing for more than a year of an entire 453-room 25-story tower.&nbsp; It is reported that Hilton spent some $20 Million on consulting and investigation costs, and an additional $35 Million in the remediation.&nbsp; This is one notable example among many of how the presence and growth of mold in commercial buildings has developed into a serious issue that has potentially far reaching consequences for residential and commercial property owners and managers, the construction and insurance industries, and for entities that operate and manage health care facilities.&nbsp; In fact, indoor environmental quality issues are particularly critical in the context of health care operations.]]></description>
			<pubDate>Wed, 17 Jun 2009 12:29:13 CDT</pubDate>
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			<title><![CDATA[Architect Copyright]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=692</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=692</link>
			<description><![CDATA[Question.&nbsp; The Builder is a residential home builder in New York. In the course of its business, the Builder engages licensed architects to provide services related to home designs and approval of proposed home plans. The Architects are New York-licensed architects specializing in home designs and home plans. Specifically, the Architects are in the business of designing, drafting and modifying home plans, as well as marketing, advertising, and selling home plan designs through traditional print and Internet media. The Builder engaged the Architects for architectural services and the Architects provided services to the Builder. During that time period, prospective clients approached the Builder with proposed plans for home designs. Some of these proposed plans bore no indication of their original source. Others indicated that they were created by Generic Plans, a popular national licensor of home designs. As a matter of course, the Builder passed along all of the proposed home plans that it received to the Architects for them to review, modify for compliance with local regulations, and approve.]]></description>
			<pubDate>Thu, 14 May 2009 08:32:09 CDT</pubDate>
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			<title><![CDATA[UCC-1 as substitute for Mechanics' Lien on a Coop]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=690</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=690</link>
			<description><![CDATA[Question.&nbsp; Prior to closing on their home, the Purchasers hired an Engineer who performed an inspection of the house.&nbsp; The inspection revealed the presence of termites in the crawl space in front of the house. In his inspection report, the Engineer noted, in addition to the termite condition, among other things, the boiler was in "good shape, showing no sign of leaking activity." In accordance with certain provisions in the Rider attached to the Contract of Sale, upon being advised of the results of the inspection, the Seller hired a Pest Control Company to treat the termite condition, which it did by spraying in the crawl space and placing termite baits around the perimeter of the house. After taking possession of the premises, the Purchasers discovered extensive termite damage throughout the house and a leak in the oil line feeding the boiler tank, resulting in contamination of the soil under the house, (which ultimately had to be removed by a specialty company, monitored by the Department of Environmental Conservation).&nbsp; The Purchasers would like to sue the Pest Control Company, the Seller, and the Engineer for breach of contract with regard to all, negligence with regard to the Engineer and the Pest Control Company, and fraud in the inducement with regard to the Seller.&nbsp; May they do so?]]></description>
			<pubDate>Thu, 14 May 2009 08:32:05 CDT</pubDate>
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			<title><![CDATA[Lien Law and Bankruptcy]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=691</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=691</link>
			<description><![CDATA[Question.&nbsp; Mechanics lienor entered into a contract with the debtor whereby lienor was to be a general contractor providing contracting services in the construction of certain improvements on real property owned by the debtor. The debtor is the owner of the premises with respect to which the lienor desires to perfect its mechanic's lien. Debtor filed a petition for relief under Chapter 11 of the Bankruptcy Code. Lienor alleges that its services for the debtor are near completion and that under Sections 9 and 10 of the New York State Mechanics' Lien Law, a mechanic's lien must be filed within four months of the last day of work or furnishing of materials to the debtor in order to sustain its validity.&nbsp; May the lienor file the mechanics lien without first seeking relief from the automatic stay?]]></description>
			<pubDate>Thu, 14 May 2009 08:32:03 CDT</pubDate>
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			<title><![CDATA[Oral Agreements]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=695</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=695</link>
			<description><![CDATA[Question. Does a general contractor waive the requirement of a signed formal written agreement by verbally awarding a contract to a proposed subcontractor for a particular price and verbally instructing a proposed subcontractor to proceed with its work according to an expedited schedule?&nbsp; A preliminary term sheet previously supplied by the contractor to proposed subcontractors specifically addressed such an occurrence of events and provided that such events would not give rise to liability against the contractor, the contractor did not make any statement, either written or verbal, expressly waiving that condition, and the contractor otherwise did not engage in any conduct inconsistent with its reliance on the term sheet.]]></description>
			<pubDate>Thu, 14 May 2009 08:14:02 CDT</pubDate>
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			<title><![CDATA[Indemnification]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=694</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=694</link>
			<description><![CDATA[Question. Must Contractor indemnify Owner for damages allegedly sustained by a neighboring landowner, Neighbor, during Contractor's performance of excavation work on Owner's property?]]></description>
			<pubDate>Thu, 14 May 2009 08:12:36 CDT</pubDate>
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			<title><![CDATA[Separating the Interests from the Issues to Resolve Construction Defects Disputes]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=689</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=689</link>
			<description><![CDATA[The singular issue damning construction defect cases from prompt and efficient resolution is the confluence of multiple interests most of which are in a head on conflict with cost efficient resolution.&nbsp; Without discussing the separate and conflicting interests of contractors, developers, insurers and lawyers, the purpose of this article is to recognize that the process of litigating and resolving these disputes has been fraught with waste and inefficiency, and a sane and disciplined approach to resolution is required.]]></description>
			<pubDate>Thu, 14 May 2009 07:44:23 CDT</pubDate>
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			<title><![CDATA[What Steps to Take When You Believe a Job is "Going South"]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=684</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=684</link>
			<description><![CDATA[In Charlie Chaplin's 1931 masterpiece, City Lights, Chaplin's iconic character, The Tramp, is briefly employed as a sanitation worker cleaning streets.&nbsp; One day on the job, he approaches a team of horses pulling a carriage and quickly wheels about, 180&deg;, so as to avoid cleaning up after them. &nbsp;He then grimaces.&nbsp; As the camera shot widens, the audience sees that The Tramp has avoided the path of the horses only to turn straight into a line of oncoming elephants. Like The Tramp, sometimes a subcontractor might get the feeling on a project that his only choice is "the horses or the elephants."]]></description>
			<pubDate>Wed, 13 May 2009 14:19:04 CDT</pubDate>
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			<title><![CDATA[Timely Commencement of Lien Foreclosure]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=697</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=697</link>
			<description><![CDATA[Question.&nbsp; Lienor entered into an agreement to provide ready-mix concrete to subcontractor.&nbsp; Following nonpayment Lienor filed a mechanic's lien against the property on February 2nd.&nbsp; Lienor deposited in the mail a summons and complaint seeking to foreclose its lien and to recover damages from Subcontractor to the County Clerk between 4:30 P.M. and 5:00 P.M. on January 31st. It is undisputed that the summons and complaint were date/time stamped by County Clerk on February 3rd.&nbsp; Was the action timely commenced?]]></description>
			<pubDate>Sat, 18 Oct 2008 00:00:00 CDT</pubDate>
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			<title><![CDATA[Preverdict Interest]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=696</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=696</link>
			<description><![CDATA[Question. On July 1st the parties entered into a contract under which Supplier agreed to provide Builder over the course of two years, various building supplies needed for a multi-unit development. Supplier provided Builder with materials on various dates between September 27th and November 20th but failed to do so thereafter. Builder seeks to fix the date of interest as of July 1, the contract date. Supplier, in turn, argues that interest should be computed on a monthly basis between December of the first year and December of the second year or from January 1, of the second year, the intermediate date of the contract.&nbsp; What's the correct date?]]></description>
			<pubDate>Mon, 18 Aug 2008 00:00:00 CDT</pubDate>
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			<title><![CDATA[No Damage for Delay]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/view.php?blog_id=693</guid>
			<link>http://www.constructionmanagementresource.com/blog/view.php?blog_id=693</link>
			<description><![CDATA[Question. Are "no claim for delay" clauses enforceable in New York and can an Owner deny a Contractor's claim based solely on it's the Owner's Engineer's determination?]]></description>
			<pubDate>Fri, 18 Apr 2008 00:00:00 CDT</pubDate>
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			<title><![CDATA[New Blog Author Rocco Vespe]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/roccovespe/</guid>
			<link>http://www.constructionmanagementresource.com/blog/roccovespe/</link>
			<description><![CDATA[Rocco R. Vespe, P.E. is a Director of the Philadelphia office of Trauner Consulting Services, Inc., a construction consulting firm with offices in San Diego, Orlando, and Philadelphia.  He has over 35 years of construction experience including 15 years as a successful contractor and 20 years in construction consulting including owners representation, project management, construction management, estimating, schedule analysis, dispute resolution, claims evaluation, partnering, and expert testimony.  He co-authored Construction Estimates from Take- off to Bid for McGraw-Hill. Mr. Vespe has a degree in Civil Engineering from Drexel University and is a registered Professional Engineer in Pennsylvania, New Jersey, Maryland, Maine, Louisiana, Florida, and Connecticut.  Mr. Vespe has been active in the CMAA for over 15 years and is currently the Vice President, formerly President, and is a Board Member of the Mid Atlantic Chapter of the CMAA.  Mr. Vespe is on the CMAA National Standards of Practice Committee as a member of the Risk Management team. Mr. Vespe has conducted numerous workshops at CMAA conferences and is currently presenting a seven part series of CMAA Webinars titled ?Keys to Project Success ? Avoiding Disputes?.

Mr. Vespes clients include federal and state public agencies, private owners, contractors, subcontractors, sureties, insurance companies and attorneys.  His project experience includes roads and bridges, schools, power plants, industrial plants, parking structures, shopping centers, casinos, hospitals, and commercial and residential buildings. His expert witness and dispute resolution work includes CPM scheduling, delays, productivity analysis, change order evaluation, damages, and the evaluation of roles and responsibilities of participants on construction projects.  Mr. Vespe has written many articles and developed and taught seminars on construction project management, GMP contracting, claims avoidance, alternative contracting methods, change order management, and partnering throughout the United States. 

Mr. Vespe is a member of the Mt. Ephraim School Board, the New Jersey School Boards Association, the Pennsylvania Association of School Business Officials, and the New Jersey Association of School Business Officials.]]></description>
			<pubDate>Thu, 20 Aug 2009 13:28:02 CDT</pubDate>
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			<title><![CDATA[New Blog Author Stephen Tatrallyay]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/stephentatrallyay/</guid>
			<link>http://www.constructionmanagementresource.com/blog/stephentatrallyay/</link>
			<description><![CDATA[Stephen Tatrallyay is an Ontario-based lawyer whose practice has concentrated in Construction Law for more than twenty-five years.  Stephen has represented both plaintiffs and defendants.  His clients have included Owners, General Contractors, subtrades, suppliers, workers and their unions, mortgagees, architects and engineers; and bonding companies ? in short, virtually everyone involved in a construction project.  In addition to construction liens, Stephen has been involved in delay claims, tendering claims, disputes and claims arising from failure of a building component or components, Occupational Health and Safety Act defences and non-lien contractual disputes.  Stephen has been involved in cases from all over the province of Ontario, and on a consultative basis, in Alberta, Manitoba, Nova Scotia and the Northwest Territories.

He has frequently been involved in arbitrations and mediations, both as counsel for a party, and as a neutral selected by the parties.

He was a founding member of the Canadian College of Construction Lawyers, which is the senior organisation representing Construction Lawyers in Canada, and was president of that body in 2001-2002.  He is certified by the Law Society of Upper Canada as a specialist in Construction Law.  He has also chaired both the national and the provincial law construction law sections of the Bar Association.  He is a member of the Advocates Society, the Metro Toronto Lawyers Association, the Toronto Construction Association and other similar organizations and has sat on a number of boards created by one or more of these organisations.

He is a frequent author and speaker on topics of relevance to the Construction industry.
]]></description>
			<pubDate>Tue, 30 Jun 2009 10:53:42 CDT</pubDate>
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			<title><![CDATA[New Blog Author Raymond Burke]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/raymondburke/</guid>
			<link>http://www.constructionmanagementresource.com/blog/raymondburke/</link>
			<description><![CDATA[Raymond, one of the region's top construction and real estate development lawyers, has more than 25 years of experience in matters relating to condominium and other multi-use development matters. Some of his more notable cases involve both the Grey Rock Flats and Grey Rock Villas condominiums in Pikesville, Green Haven Condominium in Bel Air, the Club at McDonough Township, and several of the Sea Colony high-rises in Bethany Beach. In addition to his substantial trial experience and appellate practice, Raymond is well-versed in ADR procedures and the negotiation and preparation of agreements, particularly relating to real estate transactions, corporate activities, and employment matters.]]></description>
			<pubDate>Wed, 17 Jun 2009 12:15:34 CDT</pubDate>
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			<title><![CDATA[New Blog Author James Furlong]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/jamesfurlong/</guid>
			<link>http://www.constructionmanagementresource.com/blog/jamesfurlong/</link>
			<description><![CDATA[James Furlong is the Senior Managing Associate of Stantec Sustainable Solutions, a multidisciplinary team of architects and engineers whose exclusive practice is green consulting for the built environment. James has eight years of sustainable consulting experience and has a background in mechanical technology and building science. He is currently a LEED and energy consultant for several health care, higher education, and commercial development projects throughout North America, has participated in numerous LEED Platinum and carbon neutral projects, and is active in the energy retrofit industry. He also serves as a director of the Alberta Chapter of the Canada Green Building Council, is a board member of the Alberta Energy Efficiency Alliance, and participates with the CaGBCs Technical Advisory Group for Sites, Water and Materials. James is dedicated to providing clients with efficient, appropriate and innovative building solutions that fit the needs and budget of facility, owner and user.]]></description>
			<pubDate>Wed, 20 May 2009 08:14:29 CDT</pubDate>
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			<title><![CDATA[New Blog Author Thomas Tripodianos]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/thomastripodianos/</guid>
			<link>http://www.constructionmanagementresource.com/blog/thomastripodianos/</link>
			<description><![CDATA[Thomas S. Tripodianos received a Bachelor of Arts degree from St. John's University with a major in Government and Politics and dual minors in Philosophy and Psychology. He went on to obtain a Juris Doctor from Hofstra University School of Law. He is admitted to practice law in the State of New York, as well as the U.S. District Court for the Northern, Southern and Eastern Districts with admission pending in the State of Pennsylvania, and the State of Massachusetts.

Mr. Tripodianos is involved in all aspects of construction and real estate law including residential and commercial transactions, suretyship and guarantee, breach of contract, non-payment claims, mechanics' liens, delay claims, extra work claims, and construction defect claims. He represents buyers, sellers, lenders, developers, general contractors, construction managers, owners, architects, engineers, subcontractors, suppliers, sureties, developers, homeowners and other entities involved in the construction and real estate industry in transactional matters as well as in the pursuit and defense of claims in litigation, arbitration, mediation and administrative law hearings.

In addition, Mr. Tripodianos is a Lorman Faculty Member and instructor for the Orange County Association of Realtors and offers various presentations and lectures throughout the year to professionals involved in the construction and real estate industries.

He is an active member of the Orange County Bar Association, Builders Association of the Hudson Valley, the St. Nicholas Greek Orthodox Church, Parish Council, The American Hellenic Educational Progressive Association (AHEPA), and is a Free and Accepted Mason.

He is also a New York State licensed real estate broker and a trained mediator.]]></description>
			<pubDate>Thu, 14 May 2009 07:52:20 CDT</pubDate>
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			<title><![CDATA[New Blog Author Alexander Polsky]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/alexanderpolsky/</guid>
			<link>http://www.constructionmanagementresource.com/blog/alexanderpolsky/</link>
			<description><![CDATA[Mr. Polsky has experience in construction dating back to his work for a general contractor in the 1970s.  When he was a litigator, his firm represented both developers and subcontractors involved in construction defect claims.  As a mediator, arbitrator and discovery referee, he has participated in the resolution of over 500 construction defect claims in California and Nevada.  As a Special Master, Mr. Polsky designs cost effective investigation and settlement protocols designed to ameliorate the cost of litigation.  These claims ranged from single-family homes to projects involving over 375 homes as well as large commercial projects, shopping centers, specialty buildings and condominium projects. His articles on the subject have been published in Bar journals and legal newspapers and Mr. Polsky has served as panel member or Chair on construction defect and mold panels for Mealeys, West Coast Casualty, ABA, BIA, CIAA and various other organizations nationwide.  Mr. Polsky is a licensed real estate broker.]]></description>
			<pubDate>Thu, 14 May 2009 07:42:29 CDT</pubDate>
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			<title><![CDATA[New Blog Author John Milakovic]]></title>
			<guid>http://www.constructionmanagementresource.com/blog/johnmilakovic/</guid>
			<link>http://www.constructionmanagementresource.com/blog/johnmilakovic/</link>
			<description><![CDATA[JOHN G. MILAKOVIC is an attorney in the Harrisburg law firm of Beckley & Madden, where his areas of practice are focused on commercial litigation and construction law.  He earned his B.A. degree, summa cum laude, Phi Beta Kappa, from Dickinson College, and he earned his J.D. degree from the Duke University School of Law.  Mr. Milakovic is a member of the American Bar Association and is a member of its Committee on Construction Litigation.  He has published an article on the subject of construction bid repositories in Barrister, a magazine circulated nationwide to lawyers by the Young Lawyers Division of the American Bar Association.  He has lectured, through the Pennsylvania Bar Institute (PBI), to lawyers, in furtherance of their continuing legal education, on the topic of mechanics liens, on various occasions. He has lectured, through various other continuing education providers, to contractors, owners, and others on various occasions concerning Pennsylvania construction law topics and has co-authored various publications on construction law in Pennsylvania. ]]></description>
			<pubDate>Wed, 13 May 2009 10:03:45 CDT</pubDate>
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			<title><![CDATA[Employee Engagement - How to Navigate the Most Difficult Economic Times Since the Great Depression]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1432</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1432</link>
			<description><![CDATA[In this time of fear and uncertainty, morale has plummeted and productivity is down. Research conducted by the Corporate Executive Board reveals that 25% of Top Employees are looking for other opportunities (up from 10% last year) and 100% are in danger of being swept away by the competition...headhunters are on the prowl. The time is NOW to get your employees committed and focused. Keep your top-performing superstars, and build their engagement and morale. Read on to see what the experts are saying and what you should do about it.]]></description>
			<pubDate>Mon, 30 Nov 2009 11:33:51 CST</pubDate>
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			<title><![CDATA[How to Uphold Safety in Construction Sites]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1670</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1670</link>
			<description><![CDATA[Are you in charge of a construction site? Are you sure that your personnel are secure and are out of harm's way? Are your equipments and tools fit for your tasks? You can never be too careful. Construction is a very risky job and every year, there are always casualties-from simple to the more fatal ones. It's very devastating to hear but compared to other occupations, this type of work is one of the heaviest. Most of the time construction jobs require people such as lifters, carriers, welders and even electricians, engineers and mechanics.]]></description>
			<pubDate>Tue, 29 Sep 2009 12:39:11 CDT</pubDate>
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			<title><![CDATA[Breathing Easier With Construction Dust Control Measures]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1607</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1607</link>
			<description><![CDATA[With the problem of nuisance dust growing across the American, construction dust control has become a requirement by most states. It is because of this requirement that a construction dust control plan must be produced and implemented on practically every construction site that is 1/2 acre in size.]]></description>
			<pubDate>Wed, 26 Aug 2009 16:30:00 CDT</pubDate>
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			<title><![CDATA[What You Need to Know About Construction Contractor Insurance]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1530</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1530</link>
			<description><![CDATA[Residential and commercial contractors all need construction contractor insurance. This is not a negotiable requirement. It will often spell the difference between getting and losing a contract. Any party who contracts services to others needs contractor insurance. This is required when contracting services to the government on the federal, state or city level. It is also most often required by private entities from contractors. In effect, contractor insurance protects all parties involved in a contract. Those who hired the contractor are assured that any damage or injury on persons or property caused by the contractor's work will be paid for by the insurance. The contractor is assured that he will not have to pay for claims on such damage or injury from his own pocket. It also protects him in case he is wrongfully sued.]]></description>
			<pubDate>Thu, 16 Jul 2009 09:16:05 CDT</pubDate>
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			<title><![CDATA[How to Handle Work in Progress (WIP) or Construction in Progress (CIP) in QuickBooks]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1476</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1476</link>
			<description><![CDATA[Builders and contractors who purchase land and then develop it have to comply with accounting requirements for revenue and expense recognition that are a little different and require a some modification of the standard QuickBooks set up. The accounting rule is that revenue and costs are not to be recognized on financial statements as income and expense until the job is complete, or in some cases as certain milestones are completed for the job. Many engineering firms, attorneys and other similar organizations like to use work in progress (WIP) accounts as well.]]></description>
			<pubDate>Tue, 30 Jun 2009 07:49:55 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Saving Green: Finding Ways to Protect the Environment and Our Budgets]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1406</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1406</link>
			<description><![CDATA[The recession has financially hit us all in some way. And for some, it
keeps coming again and again, beating us down until we are forced to curl
up and remain as still as possible, closing our eyes and hoping that it
will just go away. But it doesn't. It keeps punishing our budgets and
stripping clean our pockets, like an elementary school bully looking for
lunch money.]]></description>
			<pubDate>Mon, 04 May 2009 11:56:01 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Construction Industry and the Alleged Defective Chinese Drywall Issue]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1405</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1405</link>
			<description><![CDATA[During the construction boom experienced in the early part of this
millennium, shortages in materials used to construct property caused
certain organizations in the building and construction industry to import
drywall manufactured in the Far East.&nbsp; Recently, allegations of
defects in drywall used in this construction have caused fall-out in the
state of Florida.]]></description>
			<pubDate>Mon, 04 May 2009 11:56:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Could Your Subcontractor's Workers Be Considered Your Employees?]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1408</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1408</link>
			<description><![CDATA[Since the 2004 amendments to the so-called &ldquo;independent contractor
law,&rdquo; whether or not your subcontractor&rsquo;s workers could be
considered your employees has been a concern not only in the construction
industry but in the general business community in Massachusetts. A recent
Superior Court decision, described below, has highlighted the problem.]]></description>
			<pubDate>Mon, 04 May 2009 11:55:58 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Movement Toward Sustainable Land Development]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1407</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1407</link>
			<description><![CDATA[Urban planning and city construction have had trends and influences
affecting them (and on the cities that implement them) since John Nolan at
the turn of the 20th century, with his emphasis on weaving a network of
footpaths and parks through planned land development areas. As the trends
have waxed and waned, and different demographic elements have come and
gone, the tendency to think of cities as planned developments has come
back into style.]]></description>
			<pubDate>Mon, 04 May 2009 11:55:56 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[President Elect Obama's Environmental Policy: Will It Be a Sustainable Change?]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1329</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1329</link>
			<description><![CDATA[Barack Obama&rsquo;s election as the next president of the United States
should bring substantial changes to the last eight years of environmental
policy and regulation. President-elect Obama ran a successful campaign,
with clearly expressed views on climate change, land use, clean air,
renewable resources and clean energy technology. In his campaign, Obama
established an environmental agenda to &ldquo;ensure that our
nation&rsquo;s environmental laws and policies balance America&rsquo;s
need for a healthy, sustainable environment with economic growth.&rdquo;]]></description>
			<pubDate>Wed, 01 Apr 2009 11:24:39 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Stimulus Act - Impact on Commercial Real Estate]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1328</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1328</link>
			<description><![CDATA[The American Recovery and Reinvestment Act of 2009 (the &ldquo;Recovery
Act&rdquo;) offers multiple opportunities for property owners, developers
and other stakeholders in the commercial real estate arena. This advisory
briefly highlights some of those opportunities in affordable housing and
green building provisions, with one specific change in the tax code
regarding debt forgiveness that may greatly benefit many real estate
developers during these challenging times.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:24:34 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Green Building and Its Advantages]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1333</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1333</link>
			<description><![CDATA[Green building concept has emerged from the need to meet high standards of
energy efficiency and environmental responsibility. Focus is mainly on
resources such as energy, water and materials and attains efficiency of
these resources. It is said to reduce the energy bills and offer a
healthier and more comfortable living environment. Reduce the effect of
environmental hazards and ease its effects on human health and environment
too.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:24:30 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Impact of the Federal Stimulus Legislation on the U.S. Construction Industry]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1332</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1332</link>
			<description><![CDATA[Recent headlines tell a pretty scary story:&nbsp; Caterpillar, 20,000
jobs, eliminated; Home Depot, 7,000 jobs, gone; Sprint Nextel, 8,000
positions, axed; &quot;Lending Drops at Big Banks;&quot; &quot;Recession
Batters Law Firms,&quot; &quot;Economic pain to be 'worst in 60
years'.&quot;&nbsp;&nbsp; The list goes on.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:24:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[It's All Green to Me]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1331</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1331</link>
			<description><![CDATA[Green, green, green. Every time you turn around in the construction
industry, it seems that word pops up these days. Just what is green
construction anyway? If you ask my father, he would probably tell you it
is any building with a coat of paint splashed on it in a hue that falls
somewhere between yellow and blue on the color spectrum. And he'd be right
in one sense, but that's not what we're talking about when we say green
construction in this day and age. Although there are many ways to define
the term, in general it usually refers to a building that achieves one of
the certification levels under the United States Green Building Council's
Leadership in Energy and Environmental Design (LEED) rating system.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:24:13 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Three New Executive Orders Will Have A Significant Impact On Federal Contractors]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1335</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1335</link>
			<description><![CDATA[The Executive Order titled &quot;Notification of Employee Rights Under
Federal Labor Laws&quot; revokes Executive Order 13201 (Beck Notice
Requirements), and imposes new obligations on federal contractors to
inform employees of their rights under the National Labor Relations Act
(&quot;NLRA&quot;). Previously, Executive Order 13201 required federal
contractors to post notice advising employees of their right to &quot;opt
out&quot; of paying that portion of any union dues used by unions for
activity not related to the administration of the collective bargaining
agreement.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:24:08 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Defective Workmanship and Insurance]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1334</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1334</link>
			<description><![CDATA[Over the past decade, the construction industry has experienced significant
growth, although recently it has waned due to the financial meltdown caused
by subprime mortgages.&nbsp; Even with the recent abatement in
construction, the growth of new construction over the last decade is
apparent.&nbsp; Greater frequency of the discovery of, and ensuing
litigation over, faulty or defective workmanship has followed this boom in
construction and such exposure is not likely to end soon.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:24:04 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Tips for Building Green With Off-Site Construction and Modular Buildings]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1338</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1338</link>
			<description><![CDATA[As most people know, the latest trend in construction is green or
environmentally friendly buildings. As energy prices continue to soar and
global warming attracts more attention, the green construction trend is
likely to escalate. The goal of this paper is to provide a brief overview
of the benefits of green construction and illustrate how off-site
construction and modular buildings complement green construction.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:24:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Post-Tensioned Buildings]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1337</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1337</link>
			<description><![CDATA[Buildings with monostrand unbonded tendons post-tensioned slabs are
becoming a widely used application of prestressed concrete. This method
achieves performance and construction improvements over other construction
methods. However, in order to reap the benefits of this method, proficiency
is required in both structural design and construction. ]]></description>
			<pubDate>Wed, 01 Apr 2009 11:23:56 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[New FAR Rule on Compliance Programs and Ethics Mandates Comprehensive Internal Controls and Mandatory Disclosure of Violations and Overpayments]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1336</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1336</link>
			<description><![CDATA[On November 12, 2008, the FAR Councils issued a final rule that further
amends the Federal Acquisition Regulation to amplify existing compliance
program provisions (Subpart 3.10) and clauses (52.203-13 and 52.203-14).
The rule also added requirements that contractors and subcontractors
disclose certain violations of criminal law, violations of the civil False
Claims Act and significant overpayments.1 The new rule took
effect on December 12, 2008.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:23:53 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Green Without LEED]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1341</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1341</link>
			<description><![CDATA[Green buildings and LEED&reg;&nbsp;have become popular buzzwords
in the design and construction industry. The dramatic increase in fuel and
energy prices coupled with the discussion surrounding climate change have
pushed the environment into the public consciousness in a way that we have
never seen before. Even those who are not concerned with their
environmental impact are now interested in energy use and how it affects
their bottom line.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:23:48 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Green Washing...Be Very Careful]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1340</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1340</link>
			<description><![CDATA[Green Washing (verb): the dissemination of misleading
information and/or concealment of corner cutting during the construction
of a sustainable building.As the momentum to construct more
sustainable green buildings grows, many building owners are embracing
LEED&reg; elements such as sustainable land use, energy
efficiency, green materials, recycling and indoor environmental quality.
While nearly all building owners desire these elemnets, most are not
willing to pay for the costs associated with LEED&reg;
certification.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:23:44 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Handling Changes to Jobsite Conditions]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1339</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1339</link>
			<description><![CDATA[Unexpected or differing site conditions on a construction project can
significantly increase costs for owners and contractors.&nbsp;As one might
expect, the resolution of such issues depends on several factors: (i)
whether the owner or the contractor had superior knowledge regarding
conditions on the jobsite as they existed at the time the contract was
made; (ii) whether the owner made any representations in contract or
related documents that the site conditions were different than those
encountered by the contractor; (iii) whether the site conditions that were
actually encountered differed substantially from those reasonably
contemplated by the parties at the time of contracting; and (iv) how the
owner and contractor allocated the risk of unexpected conditions in their
agreements.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:23:40 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Legal and Practical Considerations for Purchasers of "Broken" or Distressed Condominiums]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1342</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1342</link>
			<description><![CDATA[Across the country, and particularly in the state of Florida, investors are
poised to make bulk acquisitions of interests in troubled or broken
condominium projects. Generally, the assets in question may be uncompleted
condominium buildings with outstanding purchase contracts for some or all
of the units, or units in a completed building in which a large number of
units remain unsold. These acquisitions often take place in one of two
forms: (a) assets purchased from struggling developers or banks that have
foreclosed or (b) through the purchase of discounted debt from lenders.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:23:31 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Green Roof Constructability]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1344</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1344</link>
			<description><![CDATA[An analysis of green roof constructability concerns was conducted by Ryan
Kline, an experienced LEED&reg;-accredited professional and
superintendent for Turner Construction Company. Mr. Kline reported that
green roofing technologies, whether intensive or extensive, continue to
evolve as design professionals and builders retool their skills in
response to emerging technology in improvements to insulation, water
retention and drainage, and habitability.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:23:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Resolving Problems and Disputes on Construction Projects: Tackling Contract Performance Delays]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1343</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1343</link>
			<description><![CDATA[All parties involved in the construction process (i.e., owners,
contractors, subcontractors and suppliers) have a vested interest in
on-time performance and on-time payment. This section discusses delays in
performance, which are, not surprisingly, among the most commonly
litigated issues arising from construction projects. Construction projects
involve expensive equipment, tremendous overhead, significant manpower and
large payrolls for owners and contractors alike. The longer a job takes,
the higher the costs and the greater the potential for litigation. Due to
the high costs of untimely performance, contractors and owners usually
require well planned and often complex schedules.]]></description>
			<pubDate>Wed, 01 Apr 2009 11:23:19 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[What's Important?]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1348</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1348</link>
			<description><![CDATA[One of the mistakes that many designers and builders make in regard to
green design is making it an &quot;add-on&quot;.&nbsp;Good, sustainable
design is integrated into the client's needs, desires and budget; it's not
something that you tack on at the end so that you can label the project
&quot;green&quot;.&nbsp;A select number of clients are interested in
making an environmental statement because they are environmentally
conscious, but most client's first concern is how the project will satisfy
their needs and how much it will cost them; being environmentally friendly
is just an added bonus.&nbsp;The beauty of good green design is the
synergies that result from an integrated approach to design.&nbsp;The best
green strategies meet the client's needs, budget AND are environmentally
friendly.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:03:20 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Federal Government Contractors Must Use E-Verify Effective January 15, 2009]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1347</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1347</link>
			<description><![CDATA[The U.S. agencies responsible for setting the general rules for federal
government contracts have finalized the rule implementing the recent
executive order requiring federal contractors to use the E-Verify system
in addition to completing Form I-9. Employers need to determine whether
they are federal contractors or subcontractors who will have contracts
containing the E-Verify clause beginning January 15, 2009, whether to
enroll in E-Verify now or wait until required by contract, and how to put
necessary procedures and training in place by the time of enrollment.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:03:11 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Subcontractor Quotes - What Is a Firm Offer?]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1346</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1346</link>
			<description><![CDATA[A general contractor&rsquo;s first goal for any construction project is to
submit a successful bid that will secure the contract while allowing the
contractor to make a reasonable profit.&nbsp;In pursuit of that goal,
virtually every general contractor solicits quotes or bids from
subcontractors for portions of the labor and materials in order to
determine the cost of completing the project.&nbsp;In industry practice,
the numbers provided by the subcontractors generally are considered firm
offers, binding a subcontractor to the terms contained therein if its bid
is selected.&nbsp;This allows general contractors to rely on the
subcontractors&rsquo; bids to create an overall bid for the entirety of
the project with some measure of security with regard to the numbers they
are relying on.&nbsp;]]></description>
			<pubDate>Wed, 01 Apr 2009 09:03:08 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Economic Loss Rule Applied to Negligence Claims Against Construction Managers - Does One Size Fit All?]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1345</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1345</link>
			<description><![CDATA[The modern formulation of the economic loss rule grew from the 1965
products liability case of Seely v. White Motor Co., 63 Cal.2d 9,
45 Cal.Rptr. 17, 403 P.2d 145 (1965). Stated simply, the economic loss
doctrine &ldquo;bars the use of negligence or strict liability theories of
recovery of economic losses arising out of commercial transactions where
the loss is not a consequence of an event causing personal injury or
damage to other property.&rdquo; Phillip L. Bruner &amp; Patrick J.
O&rsquo;Connor, Jr., 6 Bruner and O&rsquo;Connor on Construction
Law &sect; 19:10 at 50 (2002). The economic loss rule &ldquo;is
stated with ease but applied with great difficulty,&rdquo; especially in
the context of the construction industry. Presnell Construction
Managers, Inc. v. EH Construction, LLC, 134 S.W.3d 575, 584 n.12 (Ky.
2004) (concurrence).]]></description>
			<pubDate>Wed, 01 Apr 2009 09:03:05 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[A New Paradigm at OSHA: Little-Noticed Ruling Means General Contractors Are Less Likely to Pay for Mistakes of Unsafe Subs]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1352</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1352</link>
			<description><![CDATA[News of several deadly construction accidents in New York this year,
including two crane collapses that killed a total of nine people in
Manhattan, has focused national attention on the critical responsibility
of subcontractors to maintain workplace safety. ]]></description>
			<pubDate>Wed, 01 Apr 2009 09:03:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Faulty Workmanship - Accident or Intentional?]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1351</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1351</link>
			<description><![CDATA[One may state with a reasonable degree of certainty that no contractor
intends to construct a building with faulty workmanship.&nbsp;Certainly,
if any defects are present in a structure, they must be
accidental.&nbsp;On the other side of the coin, the manner in which a
contractor constructs a building could very well be (and in fact may have
likely been) the result of intentional acts and decisions.&nbsp; One does
not &ldquo;accidentally&rdquo; design and construct a building a certain
way.&nbsp;Rather, such decisions are likely the result of deliberate,
intentional and considered decisions on the part of the
contractor.&nbsp;In an insurance context, the above conundrum has sparked
endless debates, confusion and conflicting laws regarding whether faulty
workmanship is accidentally and, therefore, contemplated under an insuring
agreement.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:55 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Tips for Building Green With Off-Site Construction and Modular Buildings]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1350</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1350</link>
			<description><![CDATA[As most people know, the latest trend in construction is
&ldquo;GREEN&rdquo; or environmentally friendly buildings. As energy
prices continue to soar and global warming attracts more attention, the
GREEN construction trend is likely to escalate. The goal of this paper is
to provide a brief overview of the benefits of GREEN construction and
illustrate how off-site construction and modular buildings complement
GREEN construction.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:51 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[HUD Publishes Information on $4 Billion in Funding for Neighborhood Stabilization]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1349</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1349</link>
			<description><![CDATA[An opportunity has arisen for developers to fund affordable housing
projects that will serve to stabilize neighborhoods affected by the
foreclosure crisis. HUD has made available the federal register notice of
the allocation of $3.92 billion in Neighborhood Stabilization
Program&nbsp;funds to individual jurisdictions, and the rules that will
apply to the allocation of these funds. These funds were originally
appropriated in the Housing and Economic Recovery Act&nbsp;signed into law
on July 30, 2008. Community Development Block Grant rules apply to NSP
funding, with exceptions for NSP goals and requirements as described by
HERA and detailed in the federal register notice.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:49 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Green Buildings - They Aren't For Just New Construction Anymore]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1356</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1356</link>
			<description><![CDATA[Green buildings, energy savings and sustainable designs continue to be the
hottest topics in the real estate and building industries. But if you own,
manage or invest in existing buildings, do you sometimes wonder how to take
advantage of this dramatic movement? If so, there is good news.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:47 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Bankrupt Sub's Claim Against General Contractor Is a Non-Core Proceeding and Must Be Arbitrated, U.S. Court Holds]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1355</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1355</link>
			<description><![CDATA[The U.S. Court of Appeals for the 11th Circuit has ruled that an
adversary proceeding by a debtor subcontractor against a general
contractor was a noncore proceeding under the Bankruptcy Code and that the
adversary proceeding was subject to the parties&rsquo; arbitration
agreement.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:44 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Importance of Proper Documentation Procedures]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1354</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1354</link>
			<description><![CDATA[Good documentation just doesn&rsquo;t happen by accident. Left to our own
devices, many of us probably think we have better things to do than write
down what the weather was that day, fill out the shop drawing log or, dare
I say, update the schedule. After all, there&rsquo;s a project to build.
However, it only takes one time in litigation to change that mindset. In
addition, the reality of a dispute resolution forum is that who&rsquo;s
right and who&rsquo;s wrong may not determine who wins the case. It can
come down to who can present the best documents to support their case.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:43 CDT</pubDate>
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			<title><![CDATA[It Pays to be Indemnified]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1353</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1353</link>
			<description><![CDATA[Does your contract have an indemnification provision? Does having one give
you all of the protection you need? Are you also listed as an additional
insured on the contractor's general commercial liability policy? Let's
take a look at some factors that will help you better understand how you
can benefit from planning ahead. ]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:37 CDT</pubDate>
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		<item>
			<title><![CDATA[Specify "Arbitration" with Clarity]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1359</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1359</link>
			<description><![CDATA[The principal concept of every contract or agreement is to achieve the
intent of the parties.&nbsp;The courts will examine the language of a
contract to determine if the terms are clear and unambiguous. It is not
the responsibility of the court to rephrase the language or to add any
missing terms. Reasonably clear contract construction must take place when
forming the contract.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:36 CDT</pubDate>
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			<title><![CDATA[Barona Band of Mission Indians v. Yee - Ninth Circuit Court of Appeals]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1358</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1358</link>
			<description><![CDATA[On June 18, 2008, the United States Court of Appeals for the 9th Circuit
decided Barona Band of Mission Indians v. Yee, in which it held that a
non-Indian subcontractor who purchased materials which were later
delivered to a construction site on Indian land &ndash; under a lump sum
contract and as a &ldquo;purchasing agent&rdquo; for the Tribe &ndash; was
liable for state sales taxes]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:34 CDT</pubDate>
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			<title><![CDATA[Urban Heat Islands]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1357</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1357</link>
			<description><![CDATA[Los Angeles spends an extra $100 million each year due to the Urban Heat
Island effect, according to a study by the Heat Island Group at the
Lawrence Berkeley National Lab.&nbsp;This is not only a problem for
sunbelt cities, although the effects are more pronounced in those areas
due to their mild climates.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:33 CDT</pubDate>
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		<item>
			<title><![CDATA[The Trouble With Mold]]></title>
			<guid>http://www.constructionmanagementresource.com/articles/view.php?article_id=1330</guid>
			<link>http://www.constructionmanagementresource.com/articles/view.php?article_id=1330</link>
			<description><![CDATA[When mold was discovered in part of the Hilton Hawaiian Village in
Honolulu, it ultimately resulted in the closing for more than a year of an
entire 453-room 25-story tower.&nbsp; It is reported that Hilton spent some
$20 Million on consulting and investigation costs, and an additional $35
Million in the remediation.&nbsp; This is one notable example among many
of how the presence and growth of mold in homes and commercial buildings
has developed into a serious issue that has potentially far
reaching&nbsp;consequences for residential and commercial property owners
and managers, as well as for the construction and insurance industries.]]></description>
			<pubDate>Wed, 01 Apr 2009 09:02:32 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Project Delivery Methods]]></title>
			<guid>http://www.constructionmanagementresource.com/reports/view.php?whitepaper_id=60</guid>
			<link>http://www.constructionmanagementresource.com/reports/view.php?whitepaper_id=60</link>
			<description><![CDATA[The word "architect" came to the English language from the French "architecte," where it was transmitted from the Latin "architectus" and, before then, the Greek "architekton." In Greek, it is derived from a combination of the components "archi," meaning "master," and "tekton," meaning "builder" or "carpenter." Construction projects in ancient Greece, then, were constructed by architects, who were at the time thought of as master builders.]]></description>
			<pubDate>Wed, 26 Aug 2009 16:13:15 CDT</pubDate>
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		<item>
			<title><![CDATA[15 Issues with Insurance Provisions in Construction Agreements]]></title>
			<guid>http://www.constructionmanagementresource.com/reports/view.php?whitepaper_id=31</guid>
			<link>http://www.constructionmanagementresource.com/reports/view.php?whitepaper_id=31</link>
			<description><![CDATA[This paper discusses selected current indemnity and insurance issues that are of importance to construction professionals and provides practical advice for their handling. It is intended to be a practical tool for understanding of those matters addressed and is not intended to be an exhaustive analysis. The comments and observations are not intended to be legal opinions nor the practice of law.]]></description>
			<pubDate>Tue, 05 May 2009 10:51:19 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Addressing Potential Risks Before Construction]]></title>
			<guid>http://www.constructionmanagementresource.com/reports/view.php?whitepaper_id=30</guid>
			<link>http://www.constructionmanagementresource.com/reports/view.php?whitepaper_id=30</link>
			<description><![CDATA[The relationship between persons involved in a construction contract is generally based upon a formal contract. Owners, architects and contractors commonly use the standard contract document forms created by the American Institute of Architects (AIA) and the Engineers Joint Contract Documents Committee (EJCDC). Negotiation of the construction related contract is the first important step a party should take to limit its liability. In many cases, the parties may develop their own hybrid contract form drawing liberally from the standard AIA and EJCDC forms. Whichever contract is used, its most important function is to define the services provided by the professionals involved. Typically, the contractor and architect contract directly with the project owner. Oftentimes the contractor or design professional will then subcontract engineering or other consulting services required to properly design and construct the project unless the owner retains those consulting services for the project.]]></description>
			<pubDate>Tue, 05 May 2009 10:51:02 CDT</pubDate>
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		<item>
			<title><![CDATA[Today's Construction Context - The Disputes: Defects, Costs, and Delays]]></title>
			<guid>http://www.constructionmanagementresource.com/reports/view.php?whitepaper_id=32</guid>
			<link>http://www.constructionmanagementresource.com/reports/view.php?whitepaper_id=32</link>
			<description><![CDATA[The Disputes: Defects, Costs, and Delays: Construction Claims are primarily centered on defective construction, Cost overruns, or delay claims. There are nuances to each but these major items can affect the cost and performance of projects.]]></description>
			<pubDate>Tue, 05 May 2009 10:43:26 CDT</pubDate>
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