Tag Archives: public projects

LEED Lasts in Latest NC Bill (news note)

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stack of woodAs many of you may be aware, the North Carolina legislature was considering a bill that would effectively take away the option of LEED certification for public projects.  In a misguided effort to protect the NC timber industry, the original bill would essentially take away the option of using LEED for public projects.

Thanks to the strong potests from many industry groups, and the great coverage of the issue by Bob Kruhm and the folks at his paper NC Construction News, the NC Senate passed an amended version of House Bill 628 on Monday night that retains the option of LEED certifciation for State construction projects.  Read the full story here.  [For the original bill and other versions, click here].

 

Infrastructure Defects: ASCE’s Report Card (Spoiler: America gets a D+) (news note)

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How many bridges do you drive over on your way to work each day?  Probably a bunch, if you have the typical commute of 32 round trip miles per day.  Now, how many of them are *not* structurally sound?  Probably more than you realize.

The American Society of Civil Engineers (ASCE) has just released its American Infrastructure Report Card.  Overall, the nation scored a miserable overall D+. Here’s the breakdown for the Transportation categories:

        Aviation        D
        Bridges        C+
        Inland Waterways        D-
        Ports        C
        Rail        C+
        Roads        D
        Transit        D

    In the breakout for North Carolina,

  • 2,192 of the 18,165 (12.1%) bridges in North Carolina are considered structurally deficient.
  • 3,296 of the 18,165 (18.1%) bridges in North Carolina are considered functionally obsolete.

The report has a ton of interactive information, including a nation-wide county by county deficient bridges look up, identifying infrastructure defects in detail.  Currently, much of the planned infrastructure improvements is in limbo while the sequester is in effect.  However, our nation’s system of deficient bridges must be a priority.  Will it take another event similar to Minnesota’s I-35 bridge collapse before we fix our nation’s infrastructure?  Let’s hope not.

Your turn.  What are your thoughts about the current infrastructure of America’s roads and bridges?

Engineering for the Earthquake- Dumbarton Bridge (News Note)

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Engineers who design in earthquake-prone areas know that they need to design the seismic loads of their bridges to account for potential massive shifts during a quake.  (This is what is legally known as the professional standard of care, which takes into account what similar engineers, in the same conditions and community, would consider acceptable design)**.  The Dumbarton Bridge, the farthest south bridge across the San Francisco Bay, is no exception to this rule.

Currently, the Dumbarton Bridge is being renovated as part of the San Francisco Bay Area Toll Bridge Seismic Retrofit Program.  When the bridge is finished (expected in early 2013), the bridge will increase its ability to move from 20 inches of lateral movement to as much as 42 inches of lateral movement.

Dumbarton BridgeThe retrofit includes friction pendulum bearings designed by Earthquake Protection  Systems, Inc., which will isolate the superstructure from two pier structures where the main span of the bridge meets the approach structures.  A concrete taper will be used from the joints to the main span to ease the transition, as the approach span is 5 inches lower than the main span.

According to Earthquake Protection Systems president Victor Zayas, in a statement to Roads & Bridges magazine, the most critical part of the bearing is the bottom lining, which is a self-sacrificing, solid-lubricant polymer composite that was developed based on earlier research done by NASA in the 1960s.

Click here to read more on the Dumbarton Bridge retrofit.

**  If you missed my post on the jury instruction on standard of care, be sure to check it out here.

 

Photo (c) Jill Clardy via CC.

 

4 Federal Labor Laws Every Construction Manager Needs to Know (guest post)

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construction hard hat on postToday, a guest post from Kristie Lewis, freelance writer for Construction Management Degree.  Kristie has written numerous articles on both construction training and education as well as industry news and trends. In her spare time, Kristie enjoys cooking in her newly remodeled kitchen and reading science fiction novels. You can reach out to her at [email protected].  Thanks for sharing, Kristie.

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In an effort to protect the rights of employers in all industries, the federal government has enacted several labor laws. Some of the laws apply to all business sectors, and some apply to specific industries, such as construction.

Although those who earn a degree from an accredited construction management program will be required to learn about a variety of laws that apply to the construction industry, it is never a bad idea to review the details of them. Here are four labor laws that every construction manager should know like the back of their hand.

The Fair Labor Standards Act (FLSA)

This act sets the standards for wages and overtime pay. In general, it requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and pay 1.5 times the regular rate for overtime hours. The Fair Labor Standards Act is administered by the Wage and Hour Division. More information on this law can be found at the division’s official website.

Davis-Bacon and Related Acts

These policies apply to contractors and subcontractors that are working on public buildings or public works projects that are federally funded and will cost more than $2,000 to construct, alter or repair. According to the act, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. There are additional details that can also be found on the Wage and Hour Division’s official website.

The Occupational Safety and Health Act (OSHA)

This act is administered by the Occupational Safety and Health Administration and includes an array of industry-specific regulations that are enforced through regular workplace inspections and investigations. Compliance assistance and other cooperative programs are available for employers who request help. Although there seems to be an endless amount of rules to comply with, most of them are common sense rules that smart construction managers already abide by. Still, it is wise to make sure your project is congruent with the federal law, because any infractions can be found through inspection or reported by a worker.

The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959

This law deals with the relationship between a union and its members. Also known as the Landrum-Griffin Act, it protects union funds and promotes union democracy by requiring labor organizations to file annual financial reports. Employers are also required to file reports regarding certain labor practices. It is administered by the Office of Labor-Management Standards. You can read the details of the law here.

Knowing the details of the above laws will not only keep your construction business safe from legal trouble, it will also allow you to provide your employers with the best working environment possible.

Questions on these laws, or comments?  Drop Kristie and me a note in the comment section, below.

Photo: (c) Anna Strumillo.

Should You Guaranty Performance on a Green Project? (Law note)

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guarantee sealBy now, I hope you know me well enough to know that I’d never, ever say you should make a guaranty of performance, period, let alone guaranty the green performance for a new building.  However, sometimes caution has to be thrown to the wind to get the job– at least in the case of a recent GSA design-build project in Seattle.

There, the design-build team agreed that the GSA could withhold 0.5% of the original contract amount, or $330,000, pending the achievement of energy goals.  As writer Suzanne H. Harness, J.D., AIA, noted recently:

The GSA’s approach is diametrically opposed to the recommendations of the American Institute of Architects, which advises both architects and contractors not to guarantee or warrant the achievement of a sustainability goal.  The AIA’s 2011 Sustainability Guide explains the obvious:  contractors and architects can design and construct a building, but the owner operates it, and the owner’s actions are beyond the control of the design and construction team. If the owner operates the building differently from the assumptions used during design, performance goals will likely not be met, even if the building is perfectly constructed. [Emphasis added].

Ms. Harness also correctly noted that professional liability insurance would not cover such a guarantee of performance.  So beware to the design team who takes such a project on: they can be held contractually liable, but there will not be insurance to cushion the fall out from any lawsuit.

Just DON’T do it!