Construction White Papers

Certain statutes require the contracts entered into by public bodies contain certain specified provisions. Some of these provisions are calculated to protect against improvident contracts. Others are intended to protect persons dealing with the government or its contractors, or to further social or economic policies prescribed by the legislature. Examples of such provisions, which are binding upon all contracting public bodies, include prompt payment (ORS 279C.515), employee drug testing programs (ORS 279C505(2)), conditions regarding time of work and pay for overtime (ORS 279C.520), and provisions requiring payment of a prevailing wage (ORS 279C.800 et. seq.), etc.

Most will agree that a successful project is the result of a good team and a good process. BIM is a tool that can support the team and enhance the process at most any point throughout a project’s
lifecycle. For BIM to be used effectively across the lifecycle though, the technology needs to be implemented strategically ensuring that information created early in the process supports the
efforts further downstream. This process is ever developing and will become easier once building information technology further develops the capability to share information across platforms –
which the industry is quickly trending towards. Although a seamless process for implementing BIM from early planning to facility operation still looms at large we are able to do a great deal with the
currently available technology. The technology discussed in this section presents the use of different BIM tools to support the project delivery process throughout the lifecycle of planning,
design, preconstruction, construction, and facility operations.

Document A201-2007 contains a section in Article 2 which contains some of the duties and responsibilities of the Owner and similarily, Article 3 contains many of the duties of the Contractor. However, other duties of the Owner and Contractor are interspersed throughout the contract. This paper will highlight key duties for both parties that are discussed through the entire document.

Due Diligence in the acquisition of development real estate or distressed property where the acquiring entity is going to assume the role of a successor developer requires careful review of the governing documents, in addition to traditional due diligence tasks involving title, zoning, land use, and environmental matters. Complete due diligence checklists to guide in the acquisition accompany this workbook. Below is a discussion of key preliminary considerations when becoming a successor developer.

There was a time not too long ago when contractors would submit large, undocumented claims to a public entity with the hope of having the size of the claim intimidate the public entity into reaching an early settlement. Because many public entities found this practice to be abusive, both the Federal government and many states, including California, have enacted "False Claims Act" statutes that punish anyone who submits a false claim to a public entity.

Construction contracts are not always “fair” in the abstract sense and are not always the result of equal bargaining power. Often contracts are presented on virtually a “take it or leave it” basis. This does not mean, however, that the contractor must surrender and merely sign the document that is put in front of him.

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.

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.