Construction Project Delay, Acceleration & Loss of Productivity

By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. Construction project delay and disruption are important elements of damages when they affect the orderly progress of a construction project. Loss of productivity, disturbance, hindrance, or interruption of the contractor’s normal, planned …

Construction Change Orders & Construction Claims

  By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. Changes in construction are a common occurrence on most projects. Change orders may also generate claims for delays, loss of productivity, increased time, and other costs and claims, by owners, …

Construction Project As-Built Drawings & Records-What Construction Management Should Know

  By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. Every construction project goes through a metamorphosis, emerging as a completed improvement. However, during the construction process there may be some important changes, modifications, substitutions and intentional omissions, right up …

Construction Management-Know Why “Allowance” or “Contingency” Matters

By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. Construction bid proposals frequently include a specified dollar amount as an “Allowance”. Clarification of this term and its application in each project should be clearly defined in the Project Document Specifications, …

Construction Claims-Understanding Basic Causes

By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. Construction claims rely upon basic legal principles for success, beginning withentitlement. While there may be entitlement, but no provable damages or, damages with no provable entitlement, there can be no recovery, since …

Background Checks-Know the Do’s & Don’ts

By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. Employers must guard against indiscriminate hiring practices. Aside from state and federal enactments, which prohibit and impose criminal prosecutions resulting from employment of undocumented individuals, bringing the wrong person into one’s …

Construction Contracts-Best Value Bidding

By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. Awarding construction contracts, after evaluating them, based on competitive bidding, has been the standard since the industrial revolution. In the construction industry, recent deviations from this standard are being implemented with …

Construction Claims for Injury & Death

By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. The causes of construction injuries, illnesses and deaths are listed in the 2016 statisticalreport of OSHA – the Occupational Safety & Health Administration of the U.S. Department of Labor. These significant …

Background Checks-Know the Do’s & Don’ts

By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. Employers must guard against indiscriminate hiring practices. Aside from state and federal enactments, which prohibit and impose criminal prosecutions resulting from employment of undocumented individuals, bringing the wrong person into one’s …

Fraudulent Transfer Of Assets & the Law

By: J. Norman Stark, Attorney, Architect Emeritus, A.I.A., N.C.A.R.B. Fraudulent transfer of assets in Ohio, as in many other states and countries, is prohibited by law. For example, “The Ohio Uniform Fraudulent Transfer Act, R.C. Chapter 1336, creates a right of …