Construction Law Signal

Construction Law Signal

Insights & Information on Current & Emerging Developments affecting the Construction Industry

Category Archives: Design and Technology

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Can a Contractor Sue a Design Professional Without a Contract? Not in Maryland

Posted in Contract, Design and Technology, Maryland
In some states, courts allow contractors to sue design professionals for negligence even in the absence of a contract. In others, like Maryland, courts apply a rule known as the Economic Loss Rule (ELR) to bar such claims. Courts apply the ELR when, without a contract in place, someone sues another for purely financial losses… Continue Reading

Potential for Design-Build Bidding At the New Jersey Turnpike Authority - What You Need to Know

Posted in Contract, Daniel Fierstein, Design and Technology, George Pallas, Jennifer Budd, New Jersey
By: Jennifer R. Budd and George E. Pallas A bill allowing the New Jersey Turnpike Authority (“NJTA”) to enter into design-build contracts has been introduced in the New Jersey Assembly (A1561) and the Senate (S1211). The NJTA is the entity charged with maintaining and implementing capital improvements on the New Jersey Turnpike and the Garden State… Continue Reading

Electronic Document Retention: How You Are Handling E-Documents Can Be Critical to Your Company's Survival

Posted in Design and Technology
Construction today is not your father’s industry. With the growing use of electronic forms of communication and document creation, the rules have changed. Businesses continue to strive for a paperless office. Now, rather than drowning in paper, however, they are drowning in email and new ways of communicating. How does a company deal with instant… Continue Reading

Are Tablet Computers Taking Over the Construction Site?

Posted in Design and Technology
By: Jennifer M. Horn Construction owners and managers are utilizing computer tablets such as the iPad more and more on the job site to help streamline business. Engineering News Record posted a video clip and article about a few construction companies which have found that using tablets has saved them time and money. Paul Ozinga,… Continue Reading

New Technology Launched to Monitor Heat Risks

Posted in Design and Technology
By: Jennifer M. Horn The Occupational Safety and Health Administration (OSHA) has launched a new smart phone application that will “enable workers and supervisors to monitor the heat index at their work sites in order to prevent heat-related illnesses.” The heat index application will allow a manager to quickly determine the heat risk at a job… Continue Reading

We Need Technology to Boost Our Traffic Management

Posted in Cohen Seglias News & Events, Design and Technology
“Technology has transformed dozens of ways we interact with the world. How we communicate, learn, work, entertain, and provide for ourselves have all been radically altered by computers, sensors, and software. One area where technology is woefully underused, but sorely needed, is in roadway safety.” Patrick Sorek, Partner with Cohen Seglias recently authored an article… Continue Reading

PA High Court Restricts PennDot's Design-Build Best Value Bid Procurement

Posted in Bidding, Design and Technology, Pennsylvania
As many contractors know, Pennsylvania’s attempt to formulate and use innovative procurement methods has incurred a series of setbacks from the Commonwealth’s appellate courts. The latest setback came when the Pennsylvania Supreme Court found that PennDot’s Design-Build Best Value (DBBV) procurement method violated the Pennsylvania Procurement Code. Unless there is a potential for harm to… Continue Reading

World's First BIM Claim

Posted in Design and Technology
Building Information Modeling (BIM) is a technological process that allows building and construction data to be modeled and managed three dimensionally. The technology can be used to represent a building in ways that the more traditional drawings prepared by design professionals and utilized by contractors and subcontractors cannot. As is often the case with technological… Continue Reading

These (Construction) Boots Were Made for Walkin' (Across State Borders)

Posted in Delaware, Design and Technology, Maryland, New Jersey, New York, Pennsylvania, West Virginia
For an increasing number of contractors, survival in the current economy has resulted in the need to find and secure work in other states. The migration of contractors to neighboring states is apparent throughout the country. Besides the work itself, benefits of an expanded geographic footprint include a broader client base, thereby creating mutually beneficial… Continue Reading

U.S. Nuclear Power Plants to be Re-Evaluated in Light of Japan's Earthquake

Posted in Architecture, Design and Technology
With reports still coming in about the devastation in Japan, one thing is clear: had the 9.0 magnitude earthquake struck a populated coastal region of the United States, even greater destruction would have occurred. In terms of earthquake and tsunami preparation, Japan leads the way when it comes to disaster preparedness. “If any country understands… Continue Reading

New Zealand's Quake Topples Contemporary Buildings - Even Those with Seismic Retrofitting

Posted in Architecture, Design and Technology
The powerful 6.3 magnitude shallow earthquake that hit New Zealand last week struck less than 6 miles from Christchurch’s historic downtown district, and only about 3 miles below the surface. Engineers were not surprised by the damage and tumbling of the older structures, since the epicenter of the quake was so close to the city,… Continue Reading

The Legal Risks of Building Information Modeling (BIM)

Posted in Design and Technology
Building information modeling, commonly referred to as BIM, is a technology that has the potential to revolutionize the process of project design and construction. According to the president of the Mechanical Contractors Association of America, BIM is becoming a “growing factor” in how contractors do business in the U.S. BIM makes it possible to create… Continue Reading