Category Archives: tips

Learn about State Construction issues at upcoming conference (Tue Tip)

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Registration is now open for the 30th annual State Construction Conference.  For those who are unfamiliar with the conference, the conference brings together state agencies and institutions with architects, landscape architects, engineers, contractors, and subcontractors to discuss issues relating to the planning, design, and construction of state projects.

Topics for the 30th conference will include:

  • Double payment of contractors
  • NC Board of Examiners for Engineers and Surveyors – case studies and policies
  • HUB overview
  • Pre-qualification of single prime contractors
  • Geothermal (pros and cons)
  • Special inspections
  • Life cycle cost analysis

NCSUimageOPD

 

 Conference Details:

When:  March 24, 2011

Where:  McKimmon Conference & Training Center, NC State University, Raleigh, NC

Credits:  Architects, engineers, and attorneys will earn 7 credit hours (pending approval by Boards).

Reception:  There will be also be a networking reception and expo sponsored by the Office for Historically Underutilized Businesses following the conference sessions.

To register:  click here  (Pre-registration is required, and cut-off is March 11th).

 Planning on attending?  Let me know and we may be able to meet up for coffee.

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Photo: (c) Office for Professional Development, NCSU

 

 

Green Home Show & Tell (Tue Tip)

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"Green Triangles" This Saturday, February 5th,   the Triangle USGBC will be having a green home “show and tell”.  Come by the Austin home (2825 Barmettler Street, Raleigh) from 12:00 to 1:00 PM.  The home is still under construction, so you can see the wall cavity and all the green systems prior to drywall, including: ICF foundation, advanced framing techniques, high efficiency windows, efficient plumbing design, and spray foam insulation.

The event is free and open to the public.

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Photo: “duo pine trees”  (c) Christmas Stock Images via Creative Commons License.

Tues Tip: Check out the new AIA Bond forms

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Have you seen the 2010 AIA 312 Payment Bond Form?  If you regularly deal with AIA bonds, be Payment Officer looking at demolitionsure to check out this blog post, entitled “What changes you need to know about in the new AIA A 312 Payment Bond” from the New York Construction Law Update Blog.

  Of particular note:

There is a new section (7.3) that expressly states the surety’s failure to respond within sixty (60) days does not constitute a waiver of any potential defenses.  However, the new AIA A312 also states that if the surety fails to respond and if the claimant has to bring an action to recover under the bond, and is successful, then the surety will be responsible for attorneys’ fees incurred by the claimant. 

The new Section 16.1 provides certain minimum requirements that must be in the notice of claim to constitute a valid claim under the bond.  Previous versions of the AIA A312 did not contain such minimum requirements and a claimant in a rush could potentially submit a simple letter identifying the project and setting forth the amount of its claim to try and squeeze in before the deadline to submit a claim. 

While it is tempting and easy to skip reading standard form contract documents, that is not a good practice.  The new requirements involved in making a bond claim, for example, are something that would be easy to overlook if you have previous experience making bond claims– and it could be a very expensive lesson.  Moral of the story, as always, is to read your contracts, preferably with your attorney and insurance carrier at hand.

Do you use the AIA 312 Payment Bond form?  Thoughts about the new Form versus the old Form? Bonding questions in general?  Drop me a line or comment below.

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Photo copyright of U.S. Air Force and made available via Creative Commons license. 

Top 10 OSHA Violations– don’t let it be you! (Tue Tip)

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dancing woman in safety vest
Photo: Dancing for Workplace Safety

by Washington State DOT via Flickr/Creative Commons license

OSHA has published the top safety violations for 2010.  There are two categories:  (1) the top 10 standards for which OSHA most frequently gave Citations in fiscal year 2010; and (2)the top 10 standards for which OSHA assessed the highest penalties in fiscal year 2010.  

The most frequent violations are:

  1. Scaffolding
  2. Fall protection
  3. Hazard communication
  4. Ladders
  5. Respiratory protection
  6. Control of hazardous energy (lockout/tagout)
  7. Electrical, wiring methods, components and equipment
  8. Powered industrial trucks
  9. Electrical systems design
  10. Machine guarding

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The most expensive violations are:

  1. Fall protection
  2. Electrical
  3. Safety training and education
  4. Control of hazardous energy (lockout/tagout)
  5. Machines
  6. General duty clause 
  7. Excavations
  8. Lead
  9. Grain handling facilities
  10. Ladders

 

Detail about the specific regulations which were violated, the OSHA requirements in these areas, and related materials can be found here on the OSHA website.  (Hat tip to NC Construction News for alerting me to OSHA’s list). 

OSHA violations can be costly– both in money, and in safety.  Don’t gamble with either!

Now it’s your turn:  Do you have an experience with OSHA violations that you think others should learn from?  Let me know in the comments below or email me at [email protected].

Tues Tip: Prepare for new ADA Standards

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ADA sign   The Americans with Disabilities Act (“ADA”) has been a standard in construction since its was signed into law by President George   H.W. Bush in 1990.  However, there are significant new changes coming, thanks to a new Department of Justice Rule and Standards.  The new Rule becomes effective in a little over two months– on March 15, 2011.  The new Standards are not mandatory until next year (March 15, 2012).  Buildings can currently be constructed to meet either the current or the 2010 Standards; however, the 2010 Standards will become mandatory next year.

According to the Department of Justice, some of the changes that design for new construction will need to accommodate include:

1. Reach Range Requirements (Section 308)

The reach range requirements have been changed to provide that the side reach range must now be no higher than 48 inches (instead of 54 inches) and no lower than 15 inches (instead of 9 inches). The side reach requirements apply to operable parts on accessible elements, to elements located on accessible routes, and to elements in accessible rooms and spaces.

2. Water Closet Clearances in Single User Toilet Rooms (Sections 603, 604)

In single-user toilet rooms, the water closet now must provide clearance for both a forward and a parallel approach and, in most situations, the lavatory cannot overlap the water closet clearance. The in-swinging doors of single use toilet or bathing rooms may swing into the clearance around any fixture if clear floor space is provided within the toilet room beyond the door’s arc.

3. Common Use Circulation Paths in Employee Work Areas (Sections 203.9, 206.2.8)

Under the 1991 Standards, its was necessary to design work areas to permit an employee using a wheelchair to approach, enter, and exit the area. Under the 2010 Standards, it will be necessary for new or altered work areas to include accessible common use circulation paths within employee work areas, subject to certain specified exceptions.

4. Location of Accessible Routes (Section 206)

All accessible routes connecting site arrival points and accessible building entrances now must coincide with or be located in the same general area as general circulation paths. Also, where a circulation path is interior, the required accessible route must also be located in the interior of the facility.  [Editor’s note: this requirement will help meet the Universal Design principle of equitable use by all persons.]

These are just some of the many changes.  The DOJ ADA website offers several fact sheets and the actual regulations, so take some time to review it if you have not already.

Questions about the Americans with Disabilities Act?  Comments about how these changes will affect your projects and how you are adapting plans to accommodate these coming changes?  Drop me a line in the comment section below.  Also, be sure to enter your email to get delivery of posts direct to your email inbox to be sure you never miss a post.

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Photo:  “Minneapolis Road to Freedom 71“by Transguyjay via Flickr/Creative Commons License.