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Constructive Candor

Is Your Rec Site Too Constrained to Use Asphalt for ADA Accessible Paths?

Asphalt can be an attractive and economical choice for accessible pathways, but it's not without its challenges and limitations. These days, more scrutiny is placed on whether or not accessible routes have been constructed in accordance with regulatory requirements. If your proposed accessible routes are constrained to near maximum slopes, you should consider utilizing concrete instead, or plan on extensive measures before and during paving to increase the chances of success.

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Mired in Substitution Requests

Substitution requests can occur for multiple reasons on a project, often adding workload at a time when the project team is already stretched thin. While some requests ultimately benefit the project, others can lead to delays, extra costs, and even approval of inferior products to avoid delaying the project.  

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The Gray Area of Oral Change Orders

When an owner discusses issues with their contractor, unintentional oral change orders are something to be careful about. Even though the contract probably contains language requiring change orders to go through a formal written process, oral change orders can be a gray area.

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Heavy SnowPack: A Reminder to Check Your Force Majeure Language

The big 2016 /17 winter snowpack is good news for hydropower. However, that same runoff can be problematic for construction projects in and around the waterline. Overtopping of cofferdams and other structures designed to keep the construction site dry is typically quite costly in terms of both time and rework.  

To allocate this risk, most construction contracts will contain a Force Majeure clause that addresses flooding. For the contractor to obtain relief under Force Majeure, they must show that the flooding event was not within their reasonable control; despite employing commercially reasonable efforts to prevent such an event from causing delay and damage to the project.

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