One constant in the construction industry is the certainty that changes will take place during construction. Construction rarely proceeds as planned because there are always unexpected events and conditions that occur during construction, affecting the contractor’s ability to complete the project on the planned schedule and in accordance with the planned scope of work. Even with the most thorough planning, construction projects often must accommodate necessary changes. Unexpected...

In New York, a violation of the Scaffold Law occurs where a scaffold is inadequate in and of itself to protect workers against the elevation-related hazards encountered while dismantling that device, and it is the only safety devise supplied, as indicated in Labor Law § 240. When injury occurs due to a violation of the Scaffold Law, there is a question concerning contributory negligence as a bar to recovery against workers that negligently build or dismantle scaffold. However, even if a...

The Federal Acquisition Regulation Council, in March, established a new rule change which classifies retainage as discretionary, and if contracting officers wish to require retainage, it would be set at a rate below ten percent. After nearly four years of continuous effort on the part of the American Institute of Architects, federal contracting officers are no longer required to withhold ten percent of fees for architectural or engineering services. If chosen, any amounts retained should...

The Energy Code enforced by the New York City Department of Buildings states that architects’ and engineers’ plans must comply with the Energy Code. Furthermore, contractors must follow Energy Code-compliant drawings when commencing construction and throughout the project until completion. The Energy Code’s purpose is to provide for a cleaner, more sustainable energy-efficient city, and requires that all building or alteration applications comply with the Energy Conservation...

The United States Department of Energy, through an energy-efficient commercial buildings program, has extended a call for potential projects in which it is seeking commercial building owners and operators and requesting proposals targeted at technical experts to provide guidance to improve the energy efficiency of commercial building projects. The Department of Energy’s national laboratories, Including Lawrence Berkeley National Laboratory, the National Renewable Energy Laboratory, and the...