Effect of Inaccuracies in the Lien

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Knocking Down the Silos

A recent article by Eric Anderson and Mark Wagner discusses the success that can be achieved when the silos of Architects, Engineers and Contractors are removed through the use of the integrated practice process. As someone who comes from manufacturing and has seen firsthand the benefits of the Design for Manufacture I say here, here! When I joined the workforce in the mid eighties as a newly trained engineer, pumped up with information on the latest cutting edge practices and technologies, DFM was a new concept that I embraced... Read More

LePatner’s Book Hit’s the Nail on the Head

As an attorney with 30 years experience, Barry LePatner has had a front row seat in observing the inefficiencies of the construction industry. In his new book, LePatner shares his observations and makes some recommendations on how the industry might improve. LePatner discusses his book here. Based on the interviews I’ve read and heard I can see that LePatner shares many of our beliefs. We at CDS, have considered many of the issues that LePatner raises when creating our business model. Though his solutions are legal in nature (switching... Read More

Diversify for stability

How has your year been? Pretty good, Id guess unless your market focus is new residential construction. A recent report by Associated Builders and Contractors finds that in the 12 months from September 2006 to September 2007 nonresidential construction spending grew almost 17% while residential construction spending declined almost the same amount, just over 16%. So contractors invested primarily in that market have felt the seat belt tighten and heard the tires screech as residential new construction slammed on its brakes, and those contractors probably are trying to decide... Read More

Do you work on vacation?

The holiday season is upon us. For some of us it means days off here and thereto visit friends and family, catch up on last-minute holiday shopping, or get some prep work done for a huge culinary undertaking. When you’re off the job for holidays or vacations, are you like one-third of the working population who stillstaysconnected with the office via phone or email even though their cubicle is bare? Or have you ever sacrificed your precious time off to come into the office because someone needs you? More... Read More

New Blood at NPE West

Just like its sister show, National Pavement Expo West has grown steadily over the years and is increasingly recognized as the best way for exhibitors to reach contractors on the West Coast. How do we know? Because the exhibit floor continues to grow and because new exhibitors continue to seek out the event. In fact, NPE West 2007 boasted the greatest number of new exhibitors " 21 " in its history, and contractor attendance again topped 1100, with roughly 20% (based on informal hands-raised counts in seminars) being newcomers... Read More

Electronic Subcontracting Reporting System (eSARS)

As part of the President's Management Agenda for Electronic Government, the Small Business Administration (SBA), the Integrated Acquisition Environment (IAE), and a number of Agency partners collaborated to develop the next generation of tools to collect subcontracting accomplishments. This government-wide tool is known as the eSRS. This Internet-based tool will streamline the process of reporting on subcontracting plans and provide agencies with access to analytical data on subcontracting performance. Specifically, the eSRS eliminates the need for paper submissions and processing of the SF 294's, Individual Subcontracting Reports, and SF... Read More

Termination for Default Sustained in Barracks Renovation Case

In a recent decision issued on July 6, 2007, Appeals of FFR-Bauelemente + Bausanierung GmbH, ASBCA Nos. 52152, 54563, 54808, 54809, 55017, the Armed Services Board of Contract Appeals held that the government had shown that the Contracting Officer was “justifiably insecure about the contract’s timely completion” and that a termination for default was justified.  The CO and COR (Contracting Officer’s Representative) believed, based on experience with other Corps of Engineers barracks renovations, that nine months was needed for a contractor to perform the barracks renovation work.  After 113 days... Read More

The Difficulty a Protester Faces When Attempting to Overcome the GAO's Deference to Agency Discretion

The Government Accountability Office (“GAO”) posted five protest decisions today and, not surprisingly, each protest was denied. One of those decisions, Metson Marine Services, Inc., B-299705, involved Metson’s protest of the award of a contract to Seaward Services, Inc. under a Request for Proposals (RFP) issued by the Department of the Navy, Military Sealift Command (MSC) to obtain port operation and vessel management services for the Athena high speed research vessel system.  Metson protested that the agency unreasonably concluded that its proposal was technically unacceptable, failed to conduct meaningful discussions... Read More

Succeeding with Lean Thinking Requires Changing Our Stories

rly 20 years ago Robert Reich made a big claim: Americans can't change who they are until they change the story of who they've been. His book, Tales of a New America detailed classical American stories: the rot at the top; the mob at the gate; the rise of the individual… e class="pullquote">It's only in changing the story that we can be someone different. I've come to believe it's our stories that anchor us — that keep us from achieving what we say we want. Norman calls it resistance.... Read More

Developer's Challenge to Construction: Innovate for Destiny

In Syracuse, N.Y., a developer with big ideas and pockets deep enough to pay for them is challenging his contractors to leap for a green, sustainable future.... Read More

Modern, Green and Affordable – Who Says You Can’t Have It All?

The goal of this project is to demonstrate that a modern, green home can be built this inexpensively without sacrificing design or comfort.... Read More

Strategic Messaging for Direct Marketing Materials

It's amazing to see how much emphasis executives place on the advertising materials and how little on the messages that go in them.... Read More

IRS Updates Standard Mileage Rates

Effective Jan. 1, 2008, the standard mileage rates for businesses is 50.5 cents per mile. For charitable contributions it is 14 cents per mile, and for medical and moving it is 19 cents per mile.... Read More

Federal Appeals Court Upholds Ruling that Contractor was Entitled to Damages Resulting from Defective Specifications and Differing Site Conditions

In a case captioned as Ace Constructors, Inc. v. United States concerning a contract with the Corps of Engineers for the construction of a structure at Biggs Army Airfield, the Federal Circuit upheld a Court of Federal Claims ruling awarding an equitable adjustment to ACE Constructors (“ACE”) and the return of liquidated delay damages.  The Court had ruled that, due to unforeseen conditions and defective specifications that were incorporated into the contract, ACE was entitled to additional relief beyond that which was provided by the contracting officer.  In particular,... Read More

Norman Bodek Invents Ninth Waste

lass="pull_ad">People can't seem to leave Ohno's Seven Wastes alone. Norman Bodek, godfather of lean, made the latest addition. He calls it "Saying No." Norman chose to share this in an article for Industry Week in The Ninth Waste — Saying, "No". Norman is in his best story-telling form. quote class="pullquote">Mystery solved: the godfather of lean gave us the eighth waste. Norman claims that managers are generally resistant to change. That it is in their resisting change that they say, "No," to suggestions for improvement from employees. It may only... Read More

Retail Sector Continues March Towards Sustainability

The intersection of sustainability and the retail sector has been a hot topic of late (see our recent post regarding discussion at the ICSC fall conference in New Orleans a few weeks ago, as well as an announcement from Kohl’s that it will seek LEED certification for 80 new stores beginning next year). The topic was similarly popular at Greenbuild, where Scott Wilson, construction vice president of Regency Centers Corp., detailed some of his firm’s green efforts. Regency is a Jacksonville-based REIT that owns, operates, and develops shopping centers... Read More

Contractors: No Job Too Small?

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Silence is Golden

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It is Dangerous to Take Shortcuts When Preparing Your Proposal

A recent GAO decision highlights the need for offerors to fully understand a Request for Proposals (RFP) and to pay close attention to the details when preparing a proposal in response to an RFP.  In C. Martin Company, Inc., the agency rejected the protestor’s proposal, determining that it was technically unacceptable.  The agency discovered that the offeror had referenced outdated regulations, standards, and procedures.  Some of the references were to processes and standards that had been obsolete for at least three years.  It became evident that the offeror had incorporated parts... Read More

Contractors: Know Your Customer

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Solar Energy Pocket Reference

By Christopher L. Martin. ISES Intl Solar Energy Society. Price: $29. Publish Date: 06/2005... Read More

Facilities Cost Data 2008

By Means. Means, R. S.. Price: $357.95. Publish Date: 11/2007... Read More

OSHA Issues Construction Confined Spaces Rule

Four classifications of spaces are proposed; comments due by Jan. 28, 2008.... Read More

U.S. Contractor Spending Slows

Contractors are freezing capital equipment spending amid a stagnating housing market, credit crunch and uncertainty over where the economy is headed.... Read More

After Six Corrections, Centex's CEO Knows the Ropes

"At Centex, we are used to taking advantages of these cycles .... Read More

Legal Q&A: The pitfalls of sectional completion under JCT

What is sectional completion and what issues does it raise?... Read More

Case law analysis: Challenges to arbitrators' awards

If a party does not like or agree with an award, can it go to court to have it set aside?... Read More

Court Overrules a Federal Agency Override of an Automatic Stay in a Bid Protest Case

Under the federal Competition in Contracting Act, an automatic stay of a federal procurement goes into effect if an unsuccessful bidder files a bid protest with the GAO either within ten days after a contract award is made or within five days of an agency debriefing to the bidder, whichever is later.  During the stay, “the contracting officer may not authorize performance of the contract to begin while the protest is pending.”  Nonetheless, the agency may override the automatic stay under certain conditions: The head of the procuring activity... Read More

CB Richard Ellis to Enroll 100 Buildings in LEED-EB Through Portfolio Program

CB Richard Ellis (”CBRE”) will select 100 office buildings from the 1,000 that it manages in the U.S. to join the LEED Portfolio Program under the Existing Buildings (”LEED-EB”) standard. The plan comes on the heels of the firm’s announcement that it will aim to become carbon neutral by the end of 2010. CBRE told GlobeSt.com that it hopes to select all 100 buildings by the end of 2007 and that there’s been “tremendous interest” from owner clients that it’s already approached about potentially participating. CBRE manages 250 million... Read More

Contractors - Do You Offer Discounts?

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National Painting Cost Estimator 2008 Book CD

By Craftsman. Craftsman Book Company. Price: $58. Publish Date: 11/2007... Read More

National Home Improvement Estimator 2008 Book CD

By Craftsman. Craftsman Book Company. Price: $58.75. Publish Date: 11/2007... Read More

National Framing and Finish Carpentry Estimator 2008 Book CD

By Craftsman. Craftsman Book Company. Price: $57.25. Publish Date: 11/2007... Read More

National Electrical Estimator 2008 Book CD

By Craftsman. Craftsman Book Company. Price: $57.75. Publish Date: 11/2007... Read More

National Construction Estimator 2008 Book CD

By Craftsman. Craftsman Book Company. Price: $57.5. Publish Date: 11/2007... Read More

Bluebook Cost Guide 2007: Residential and Light Commercial for Cleaning, Reconstruction and Repairs

By BlueBook. Builders Book. Price: $42.95. Publish Date: 01/2007... Read More

C12 Earthwork and Paving Book - CD Rom