Construction Contract Drafting– half price to my readers!

Following this week’s apparent theme of “what have you given me lately”  (part 3 coming tomorrow)…..

Did you know that, as readers of my blog, you can attend the upcoming webinar on Construction Contract Drafting for 50% of the retail rate?  Yeah, me neither.  Sorry I didn’t realize it earlier when I first mentioned this speaking gig, but regardless, if you hesitated signing up because of the cost……. now you have less of an excuse.

half off signs

Half off is *always* a good deal, whether buying battle axes, knives, swords, or continuing education credit! 

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To get the discount, you must register through this link.  You can also purchase recordings using the promo code:  ZDFCT .

Hope to “see” you on the webinar!

Melissa

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Photo: half off by Joseph Robertson via Creative Commons license.

Free AIA Home Tour Ticket Giveaway (Tue Tip)

Mark your calendar now and make plans to attend AIA Triangle‘s 2nd annual Tour of Residential Architecture on October 1st, 2011.  The Tour is will showcase 6 homes designed by 6 local architects.  The selected homes reflect a wide variety of housing options – including urban infill, adaptive reuse, historic preservation, new construction, renovations, and additions.

broken down house

Win FREE tickets to the Tour, courtesy of New Raleigh, by entering their AIA Home Tour Ticket Giveaway contest here during the next week.

If you aren’t the lucky winner, you can purchase tickets ($15)  here.   Good luck!!!

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 h/t to my wonderful colleague Angela Allen for letting me know about the giveaway!

Photo:  “Benton, Pennsylvania” via Jayu/Creative Commons license.

Get Your Flu Here! (aka: Don’t Miscommunicate on Your Construction Project!) (Tue Tip)

Continuing our theme from last week’s donkey sign about communicating clearly with your client, today we have another sign to add to our growing collection.  This one is an example of marketing-gone-awry, and comes to us from the good folks at Target:

Flue HQ sign

Now, I’m sure the marketing folks though that “Flu HQ” was a nice little rhyme.  However, I’m not sure Target really wants to be known as the headquarters of the annoying, damaging, and sometimes fatal disease called the flu. 

I’m sure what Target meant by “Flu HQ” was that it carried all of the supplies and medicines needed to help alleviate flu symptoms.  But that’s not exactly what it is saying by this sign.

I can hear some of you now saying that I’m arguing semantics, which is typical for a lawyer.  Remember, though, when it comes to large construction disputes– everyone has a lawyer (or two, or three) and semantics will come into play

Consider this another fair warning to have your construction contracts in place, and vetted by both your attorney and your insurance carrier to prevent miscommunication.

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Photo in this post: Creative Commons License

Sometimes, ya just gotta tell them the donkey is alive! (Tue Tip)

Recently, I saw a very amusing sign while visiting the farm animal section of the Museum of Life and Science in Durham on an extremely, blisteringly hot summer day.  The sign said:

donkey signIn case you can’t see the sign clearly, it reads: 

Sometimes our donkey likes to lay [sic] flat out in the sun. 

Don’t be alarmed. . . HE IS STILL ALIVE! (-:

I was very amused that the museum needed a sign proclaiming the non-deathness of its donkey.  However, the sign also struck me as a good tip for all of us involved in the construction business.  Sometimes, you just have to state the obvious.  You may think that it is glaringly obvious that, for example, an extended construction duration will increase the scope of your contract administration fees accordingly.  You might be wrong.  Sometimes it is not obvious, or at least, not something the owner will admit is obvious.  Don’t rely on common sense– go ahead and spell out everything you can in your contract with the Owner.

In the same way the donkey sign keeps the museum patrons from sounding the alarm, a detailed and thorough contract can keep you from having to answer and/or argue about scope of work issues later on.

Sometimes ya just gotta tell everyone in advance that the donkey is alive!

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Photo in this post: Creative Commons License

Construction Bottomed Out? NOT YET! (Guest Post)

Today we have a guest post by Joel H. Miles, President of Miles Consulting, Inc., a management consulting firm specializing in the construction industry.  Joel has 40 years’ experience in the industry, working in the areas of finance, strategy, operational management, ownership transfer, mergers and acquisitions, valuation, and litigation support.

Joel Miles headshotThe construction industry has been one of the hardest hit by the economic turmoil of the last several years. Generally, non-residential construction is experiencing volume levels roughly half of those of 2007. According to Engineering News Record, the level of unemployment in the industry is 16.3% (in May 2011, compared to 7.4% in 2007).

While there have been a number of bankruptcies already among construction firms, as well as suppliers to the industry, in the last two years, there is reason to believe that there could be a significant number of new failures in the next year. One reason is that for a long time after the onset of the recession, contractors were working off the backlogs of uncompleted work acquired during the strong years of 2005-2007. This has merely postponed the day of reckoning. In an industry traditionally known to have overcapacity, the downturn in the overall amount of work will exacerbate this problem, and inevitably lead to a number of firms “leaving” the market, either voluntarily (strategic decision making) or, more likely, involuntarily (bankruptcy or insolvency). There appear to be a number of general building, specialty trade, and civil contractors who are in financial trouble.

A telling statistical indication of trouble for the immediate future is the Carolinas AGC Construction Activity report for the first quarter of 2011. The dollar amount of construction awards for the first quarter, by category of work, with the percentage change from the same quarter of 2010, are as follows:

table of NC construction stats

This means that already-depleted backlogs are getting worse, not better. There will be further financial “dislocations”, bonding companies will probably be taking over work where their surety bond customers are unable to complete on-going projects, and construction litigation will almost certainly increase. This is not a pretty picture, and those who have long predicted that the overcapacity problem will be corrected by a reduction in the number of contractors may finally prove their case.

Those with a vested interest the financial health of the contractors and construction industry suppliers (i.e., owners of on-going projects, banks with outstanding construction loans or other loans to contractors, surety companies, and employees of affected contractors) may be in for a period of uncertainty and those with the ability to mitigate the ensuing damage should make every effort to do so.

As with all periods of major change, opportunities are presented. For the strongest in the industry, the time is right for strategic acquisitions (when valuations certainly are favorable to buyers). For banks and bonding companies, active participation may mitigate losses, as opposed to a reactionary stance after the damage has become unavoidable and large. An industry specialist can help.

Joel and I welcome your thoughts and opinions in the comments section, below.