Monday, November 17, 2008

Construction Site Accidents and Injuries



Overview
Construction projects can be dangerous places to work. Tools and materials
get tossed around. Large, heavy objects are moved from place to place. Great
forces are unleashed; chemicals are used. Torches and flame and pressure may be
applied. Injuries can occur at even the safest job sites.
Accidents at construction jobs are divided roughly into two categories –
height-related injuries, and everything else. “Everything else” can be tripping over
a hammer, or suffering electrical shock, or injuries caused by defective or unsafe
machinery, or anything that’s not height-related. “Height-related” usually means a
fall, or an object dropped from above.
Construction site accident cases tend to be very complicated. There are
usually many companies involved, and it’s not always easy to assign blame for the
cause of an injury. Responsibility may fall on a company that the injured worker
does not even know about, such as the owner of the construction site, a subcontractor,
construction manager, materials supplier, or general contractor.
Additionally, there are many different rules and regulations intended to guarantee a
worker’s safety, which negligent parties sometimes use clever defense attorneys to
try to wriggle out of.
Complicating the picture is Worker’s Compensation insurance, which every
employer must have available to its workers. Whether you’re a mason or carpenter,
electrician or laborer, iron worker or painter, you can not sue your employer if
you’re injured. The injured worker can only receive Worker’s Compensation,
which is guaranteed, but tends to pay a small amount of money for lost wages and
other benefits and is usually limited in the amount of time that it will pay the hurt
claimant. The only way around New York’s Worker’s Compensation law is to sue
a person or company that is not the injured person’s employer – not a simple
matter. This requires figuring out who did what, where, at the job site.

Some Law
One of the best known worker’s protection laws is New York’s Labor Law,
section 240, which is intended to protect workers from height-related risks. That
law states:
1. All contractors and owners and their agents, except owners of one
and two-family dwellings who contract for but do not direct or control the
work, in the erection of, demolition, repairing, altering, painting, cleaning or
pointing of a building or structure shall furnish or erect, or cause to be
furnished or erected for the performance of such labor, scaffolding, hoists,
stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other
devices, which shall be so constructed, placed and operated as to give proper
protection to a person so employed.
So if an injured worker was engaged in “erection of, demolition, repairing,
altering, painting, cleaning or pointing” and using “scaffolding, hoists, stays,
ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices” he
or she has “super-protection” under New York State law. But there are several
loopholes, so an experienced accident or personal injury construction law lawyer is
necessary in these cases.
For example, defenses commonly raised by insurance companies to Labor
Law claims are “sole proximate cause” and “recalcitrant worker.”
“Sole proximate cause” occurs when the worker sets up equipment incorrectly
and may be found to be entirely responsible for the accident. As you can
imagine, this can be very tricky stuff.
For example, in one case (Robinson v. East Medical Center), New York’s
Court of Appeals addressed a defense to a Labor Law section 240 claim. The
defendants claimed that the injured worker's actions were the sole proximate cause

of his injury. The injured worker was hurt while using a six-foot ladder – which he
knew was too short to accomplish the task he needed to perform. And even though
he knew that there were eight-foot ladders available at the job site, he stood on top
of the six-foot ladder and fell. The worker’s case was thrown out because he was
found to be the sole proximate cause of his own injury.
“Recalcitrant worker” is when a worker uses equipment incorrectly. This
usually is found where a worker ignores safety instructions or fails to utilize
available safety equipment, when he or she should have known better.
A Labor Law section 240 claim was dismissed where the injured worker was
provided with proper safety equipment and told how to use it safely, but was
injured because he disregarded his supervisor's instructions and misused the
equipment. (Mayancela v. Almat Realty Development, LLC).
The effect of the defenses of “sole proximate cause” and “recalcitrant
worker” is to chip away at the protections provided by law to New York workers.
C. Conclusion
If you’re hurt in an accident, consult a personal injury or accident attorney
experienced in construction site and work-related injuries. Because of the complex
issues and assortment of possible defendants, there must be a thorough investigation
of the construction site, interviews of co-workers and witnesses, and, possibly,
taking of photographs. This must be done fast, fast, fast – sometimes even while
the injured worker is still in the hospital.

. Organizing for Project Management


What is Project Management?
The management of construction projects requires knowledge of modern management as well as an understanding of the design and construction process. Construction projects have a specific set of objectives and constraints such as a required time frame for completion. While the relevant technology, institutional arrangements or processes will differ, the management of such projects has much in common with the management of similar types of projects in other specialty or technology domains such as aerospace, pharmaceutical and energy developments.
Generally, project management is distinguished from the general management of corporations by the mission-oriented nature of a project. A project organization will generally be terminated when the mission is accomplished. According to the Project Management Institute, the discipline of project management can be defined as follows
1. Project management is the art of directing and coordinating human and material resources throughout the life of a project by using modern management techniques to achieve predetermined objectives of scope, cost, time, quality and participation satisfaction.
By contrast, the general management of business and industrial corporations assumes a broader outlook with greater continuity of operations. Nevertheless, there are sufficient similarities as well as differences between the two so that modern management techniques developed for general management may be adapted for project management.
The basic ingredients for a project management framework
2. may be represented schematically in Figure 2-1. A working knowledge of general management and familiarity with the special knowledge domain related to the project are indispensable. Supporting disciplines such as computer science and decision science may also play an important role. In fact, modern management practices and various special knowledge domains have absorbed various techniques or tools which were once identified only with the supporting disciplines. For example, computer-based information systems and decision support systems are now common-place tools for general management. Similarly, many operations research techniques such as linear programming and network analysis are now widely used in many knowledge or application domains. Hence, the representation in Figure 2-1 reflects only the sources from which the project management framework evolves.


Specifically, project management in construction encompasses a set of objectives which may be accomplished by implementing a series of operations subject to resource constraints. There are potential conflicts between the stated objectives with regard to scope, cost, time and quality, and the constraints imposed on human material and financial resources. These conflicts should be resolved at the onset of a project by making the necessary tradeoffs or creating new alternatives. Subsequently, the functions of project management for construction generally include the following:
Specification of project objectives and plans including delineation of scope, budgeting, scheduling, setting performance requirements, and selecting project participants.
Maximization of efficient resource utilization through procurement of labor, materials and equipment according to the prescribed schedule and plan.
Implementation of various operations through proper coordination and control of planning, design, estimating, contracting and construction in the entire process.
Development of effective communications and mechanisms for resolving conflicts among the various participants.
The Project Management Institute focuses on nine distinct areas requiring project manager knowledge and attention:
Project integration management to ensure that the various project elements are effectively coordinated.
Project scope management to ensure that all the work required (and only the required work) is included.
Project time management to provide an effective project schedule.
Project cost management to identify needed resources and maintain budget control.
Project quality management to ensure functional requirements are met.
Project human resource management to development and effectively employ project personnel.
Project communications management to ensure effective internal and external communications.
Project risk management to analyze and mitigate potential risks.
Project procurement management to obtain necessary resources from external sources.
These nine areas form the basis of the Project Management Institute's certification program for project managers in any industry.
2.2 Trends in Modern Management
In recent years, major developments in management reflect the acceptance to various degrees of the following elements: (1) the management process approach, (2) the management science and decision support approach, (3) the behavioral science approach for human resource development, and (4) sustainable competitive advantage. These four approaches complement each other in current practice, and provide a useful groundwork for project management.
The management process approach emphasizes the systematic study of management by identifying management functions in an organization and then examining each in detail. There is general agreement regarding the functions of planning, organizing and controlling. A major tenet is that by analyzing management along functional lines, a framework can be constructed into which all new management activities can be placed. Thus, the manager's job is regarded as coordinating a process of interrelated functions, which are neither totally random nor rigidly predetermined, but are dynamic as the process evolves. Another tenet is that management principles can be derived from an intellectual analysis of management functions. By dividing the manager's job into functional components, principles based upon each function can be extracted. Hence, management functions can be organized into a hierarchical structure designed to improve operational efficiency, such as the example of the organization for a manufacturing company shown in Figure 2-2. The basic management functions are performed by all managers, regardless of enterprise, activity or hierarchical levels. Finally, the development of a management philosophy results in helping the manager to establish relationships between human and material resources. The outcome of following an established philosophy of operation helps the manager win the support of the subordinates in achieving organizational objectives.

The management science and decision support approach contributes to the development of a body of quantitative methods designed to aid managers in making complex decisions related to operations and production. In decision support systems, emphasis is placed on providing managers with relevant information. In management science, a great deal of attention is given to defining objectives and constraints, and to constructing mathematical analysis models in solving complex problems of inventory, materials and production control, among others. A topic of major interest in management science is the maximization of profit, or in the absence of a workable model for the operation of the entire system, the suboptimization of the operations of its components. The optimization or suboptimization is often achieved by the use of operations research techniques, such as linear programming, quadratic programming, graph theory, queuing theory and Monte Carlo simulation. In addition to the increasing use of computers accompanied by the development of sophisticated mathematical models and information systems, management science and decision support systems have played an important role by looking more carefully at problem inputs and relationships and by promoting goal formulation and measurement of performance. Artificial intelligence has also begun to be applied to provide decision support systems for solving ill-structured problems in management.
The behavioral science approach for human resource development is important because management entails getting things done through the actions of people. An effective manager must understand the importance of human factors such as needs, drives, motivation, leadership, personality, behavior, and work groups. Within this context, some place more emphasis on interpersonal behavior which focuses on the individual and his/her motivations as a socio-psychological being; others emphasize more group behavior in recognition of the organized enterprise as a social organism, subject to all the attitudes, habits, pressures and conflicts of the cultural environment of people. The major contributions made by the behavioral scientists to the field of management include: (1) the formulation of concepts and explanations about individual and group behavior in the organization, (2) the empirical testing of these concepts methodically in many different experimental and field settings, and (3) the establishment of actual managerial policies and decisions for operation based on the conceptual and methodical frameworks.
Sustainable competitive advantage stems primarily from good management strategy. As Michael Porter of the Harvard Business School argues:
Strategy is creating fit among a company's activities. The success of a strategy depends on doing many things well - not just a few - and integrating among them. If there is no fit among activites, there is no distinctive strategy and little sustainability.
In this view, successful firms must improve and align the many processes underway to their strategic vision. Strategic positioning in this fashion requires:
Creating a unique and valuable position.
Making trade-offs compared to competitors
Creating a "fit" among a company's activities.
Project managers should be aware of the strategic position of their own organization and the other organizations involved in the project. The project manager faces the difficult task of trying to align the goals and strategies of these various organizations to accomplish the project goals. For example, the owner of an industrial project may define a strategic goal as being first to market with new products. In this case, facilities development must be oriented to fast-track, rapid construction. As another example, a contracting firm may see their strategic advantage in new technologies and emphasize profit opportunities from value engineering (as described in Chapter 3).

2.3 Strategic Planning and Project Programming
The programming of capital projects is shaped by the strategic plan of an organization, which is influenced by market demands and resources constraints. The programming process associated with planning and feasibility studies sets the priorities and timing for initiating various projects to meet the overall objectives of the organizations. However, once this decision is made to initiate a project, market pressure may dictate early and timely completion of the facility.
Among various types of construction, the influence of market pressure on the timing of initiating a facility is most obvious in industrial construction.
3.Demand for an industrial product may be short-lived, and if a company does not hit the market first, there may not be demand for its product later. With intensive competition for national and international markets, the trend of industrial construction moves toward shorter project life cycles, particularly in technology intensive industries.
In order to gain time, some owners are willing to forego thorough planning and feasibility study so as to proceed on a project with inadequate definition of the project scope. Invariably, subsequent changes in project scope will increase construction costs; however, profits derived from earlier facility operation often justify the increase in construction costs. Generally, if the owner can derive reasonable profits from the operation of a completed facility, the project is considered a success even if construction costs far exceed the estimate based on an inadequate scope definition. This attitude may be attributed in large part to the uncertainties inherent in construction projects. It is difficult to argue that profits might be even higher if construction costs could be reduced without increasing the project duration. However, some projects, notably some nuclear power plants, are clearly unsuccessful and abandoned before completion, and their demise must be attributed at least in part to inadequate planning and poor feasibility studies.
The owner or facility sponsor holds the key to influence the construction costs of a project because any decision made at the beginning stage of a project life cycle has far greater influence than those made at later stages, as shown schematically in Figure 2-3. Moreover, the design and construction decisions will influence the continuing operating costs and, in many cases, the revenues over the facility lifetime. Therefore, an owner should obtain the expertise of professionals to provide adequate planning and feasibility studies. Many owners do not maintain an in-house engineering and construction management capability, and they should consider the establishment of an ongoing relationship with outside consultants in order to respond quickly to requests. Even among those owners who maintain engineering and construction divisions, many treat these divisions as reimbursable, independent organizations. Such an arrangement should not discourage their legitimate use as false economies in reimbursable costs from such divisions can indeed be very costly to the overall organization.

Finally, the initiation and execution of capital projects places demands on the resources of the owner and the professionals and contractors to be engaged by the owner. For very large projects, it may bid up the price of engineering services as well as the costs of materials and equipment and the contract prices of all types. Consequently, such factors should be taken into consideration in determining the timing of a project.
Example 2-1: Setting priorities for projects
A department store planned to expand its operation by acquiring 20 acres of land in the southeast of a metropolitan area which consists of well established suburbs for middle income families. An architectural/engineering (A/E) firm was engaged to design a shopping center on the 20-acre plot with the department store as its flagship plus a large number of storefronts for tenants. One year later, the department store owner purchased 2,000 acres of farm land in the northwest outskirts of the same metropolitan area and designated 20 acres of this land for a shopping center. The A/E firm was again engaged to design a shopping center at this new location.
The A/E firm was kept completely in the dark while the assemblage of the 2,000 acres of land in the northwest quietly took place. When the plans and specifications for the southeast shopping center were completed, the owner informed the A/E firm that it would not proceed with the construction of the southeast shopping center for the time being. Instead, the owner urged the A/E firm to produce a new set of similar plans and specifications for the northwest shopping center as soon as possible, even at the sacrifice of cost saving measures. When the plans and specifications for the northwest shopping center were ready, the owner immediately authorized its construction. However, it took another three years before the southeast shopping center was finally built.
The reason behind the change of plan was that the owner discovered the availability of the farm land in the northwest which could be developed into residential real estate properties for upper middle income families. The immediate construction of the northwest shopping center would make the land development parcels more attractive to home buyers. Thus, the owner was able to recoup enough cash flow in three years to construct the southeast shopping center in addition to financing the construction of the northeast shopping center, as well as the land development in its vicinity.
While the owner did not want the construction cost of the northwest shopping center to run wild, it apparently was satisfied with the cost estimate based on the detailed plans of the southeast shopping center. Thus, the owner had a general idea of what the construction cost of the northwest shopping center would be, and did not wish to wait for a more refined cost estimate until the detailed plans for that center were ready. To the owner, the timeliness of completing the construction of the northwest shopping center was far more important than reducing the construction cost in fulfilling its investment objectives.
Example 2-2: Resource Constraints for Mega Projects
A major problem with mega projects is the severe strain placed on the environment, particularly on the resources in the immediate area of a construction project. "Mega" or "macro" projects involve construction of very large facilities such as the Alaska pipeline constructed in the 1970's or the Panama Canal constructed in the 1900's. The limitations in some or all of the basic elements required for the successful completion of a mega project include:
engineering design professionals to provide sufficient manpower to complete the design within a reasonable time limit.
construction supervisors with capacity and experience to direct large projects.
the number of construction workers with proper skills to do the work.
the market to supply materials in sufficient quantities and of required quality on time.
the ability of the local infrastructure to support the large number of workers over an extended period of time, including housing, transportation and other services.
To compound the problem, mega projects are often constructed in remote environments away from major population centers and subject to severe climate conditions. Consequently, special features of each mega project must be evaluated carefully.
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2.4 Effects of Project Risks on Organization
The uncertainty in undertaking a construction project comes from many sources and often involves many participants in the project. Since each participant tries to minimize its own risk, the conflicts among various participants can be detrimental to the project. Only the owner has the power to moderate such conflicts as it alone holds the key to risk assignment through proper contractual relations with other participants. Failure to recognize this responsibility by the owner often leads to undesirable results. In recent years, the concept of "risk sharing/risk assignment" contracts has gained acceptance by the federal government.
4. Since this type of contract acknowledges the responsibilities of the owners, the contract prices are expected to be lower than those in which all risks are assigned to contractors.
In approaching the problem of uncertainty, it is important to recognize that incentives must be provided if any of the participants is expected to take a greater risk. The willingness of a participant to accept risks often reflects the professional competence of that participant as well as its propensity to risk. However, society's perception of the potential liabilities of the participant can affect the attitude of risk-taking for all participants. When a claim is made against one of the participants, it is difficult for the public to know whether a fraud has been committed, or simply that an accident has occurred.
Risks in construction projects may be classified in a number of ways.
5. One form of classification is as follows:
Socioeconomic factors
Environmental protection
Public safety regulation
Economic instability
Exchange rate fluctuation
Organizational relationships
Contractual relations
Attitudes of participants
Communication
Technological problems
Design assumptions
Site conditions
Construction procedures
Construction occupational safety
The environmental protection movement has contributed to the uncertainty for construction because of the inability to know what will be required and how long it will take to obtain approval from the regulatory agencies. The requirements of continued re-evaluation of problems and the lack of definitive criteria which are practical have also resulted in added costs. Public safety regulations have similar effects, which have been most noticeable in the energy field involving nuclear power plants and coal mining. The situation has created constantly shifting guidelines for engineers, constructors and owners as projects move through the stages of planning to construction. These moving targets add a significant new dimension of uncertainty which can make it virtually impossible to schedule and complete work at budgeted cost. Economic conditions of the past decade have further reinforced the climate of uncertainty with high inflation and interest rates. The deregulation of financial institutions has also generated unanticipated problems related to the financing of construction.
Uncertainty stemming from regulatory agencies, environmental issues and financial aspects of construction should be at least mitigated or ideally eliminated. Owners are keenly interested in achieving some form of breakthrough that will lower the costs of projects and mitigate or eliminate lengthy delays. Such breakthroughs are seldom planned. Generally, they happen when the right conditions exist, such as when innovation is permitted or when a basis for incentive or reward exists. However, there is a long way to go before a true partnership of all parties involved can be forged.
During periods of economic expansion, major capital expenditures are made by industries and bid up the cost of construction. In order to control costs, some owners attempt to use fixed price contracts so that the risks of unforeseen contingencies related to an overheated economy are passed on to contractors. However, contractors will raise their prices to compensate for the additional risks.
The risks related to organizational relationships may appear to be unnecessary but are quite real. Strained relationships may develop between various organizations involved in the design/construct process. When problems occur, discussions often center on responsibilities rather than project needs at a time when the focus should be on solving the problems. Cooperation and communication between the parties are discouraged for fear of the effects of impending litigation. This barrier to communication results from the ill-conceived notion that uncertainties resulting from technological problems can be eliminated by appropriate contract terms. The net result has been an increase in the costs of constructed facilities.
The risks related to technological problems are familiar to the design/construct professions which have some degree of control over this category. However, because of rapid advances in new technologies which present new problems to designers and constructors, technological risk has become greater in many instances. Certain design assumptions which have served the professions well in the past may become obsolete in dealing with new types of facilities which may have greater complexity or scale or both. Site conditions, particularly subsurface conditions which always present some degree of uncertainty, can create an even greater degree of uncertainty for facilities with heretofore unknown characteristics during operation. Because construction procedures may not have been fully anticipated, the design may have to be modified after construction has begun. An example of facilities which have encountered such uncertainty is the nuclear power plant, and many owners, designers and contractors have suffered for undertaking such projects.
If each of the problems cited above can cause uncertainty, the combination of such problems is often regarded by all parties as being out of control and inherently risky. Thus, the issue of liability has taken on major proportions and has influenced the practices of engineers and constructors, who in turn have influenced the actions of the owners.
Many owners have begun to understand the problems of risks and are seeking to address some of these problems. For example, some owners are turning to those organizations that offer complete capabilities in planning, design, and construction, and tend to avoid breaking the project into major components to be undertaken individually by specialty participants. Proper coordination throughout the project duration and good organizational communication can avoid delays and costs resulting from fragmentation of services, even though the components from various services are eventually integrated.
Attitudes of cooperation can be readily applied to the private sector, but only in special circumstances can they be applied to the public sector. The ability to deal with complex issues is often precluded in the competitive bidding which is usually required in the public sector. The situation becomes more difficult with the proliferation of regulatory requirements and resulting delays in design and construction while awaiting approvals from government officials who do not participate in the risks of the project.

2.5 Organization of Project Participants
The top management of the owner sets the overall policy and selects the appropriate organization to take charge of a proposed project. Its policy will dictate how the project life cycle is divided among organizations and which professionals should be engaged. Decisions by the top management of the owner will also influence the organization to be adopted for project management. In general, there are many ways to decompose a project into stages. The most typical ways are:
Sequential processing whereby the project is divided into separate stages and each stage is carried out successively in sequence.
Parallel processing whereby the project is divided into independent parts such that all stages are carried out simultaneously.
Staggered processing whereby the stages may be overlapping, such as the use of phased design-construct procedures for fast track operation.
It should be pointed out that some decompositions may work out better than others, depending on the circumstances. In any case, the prevalence of decomposition makes the subsequent integration particularly important. The critical issues involved in organization for project management are:
How many organizations are involved?
What are the relationships among the organizations?
When are the various organizations brought into the project?
There are two basic approaches to organize for project implementation, even though many variations may exist as a result of different contractual relationships adopted by the owner and builder. These basic approaches are divided along the following lines:
Separation of organizations. Numerous organizations serve as consultants or contractors to the owner, with different organizations handling design and construction functions. Typical examples which involve different degrees of separation are:
Traditional sequence of design and construction
Professional construction management
Integration of organizations. A single or joint venture consisting of a number of organizations with a single command undertakes both design and construction functions. Two extremes may be cited as examples:
Owner-builder operation in which all work will be handled in house by force account.
Turnkey operation in which all work is contracted to a vendor which is responsible for delivering the completed project
Since construction projects may be managed by a spectrum of participants in a variety of combinations, the organization for the management of such projects may vary from case to case. On one extreme, each project may be staffed by existing personnel in the functional divisions of the organization on an ad-hoc basis as shown in Figure 2-4 until the project is completed. This arrangement is referred to as the matrix organization as each project manager must negotiate all resources for the project from the existing organizational framework. On the other hand, the organization may consist of a small central functional staff for the exclusive purpose of supporting various projects, each of which has its functional divisions as shown in Figure 2-5. This decentralized set-up is referred to as the project oriented organization as each project manager has autonomy in managing the project. There are many variations of management style between these two extremes, depending on the objectives of the organization and the nature of the construction project. For example, a large chemical company with in-house staff for planning, design and construction of facilities for new product lines will naturally adopt the matrix organization. On the other hand, a construction company whose existence depends entirely on the management of certain types of construction projects may find the project-oriented organization particularly attractive. While organizations may differ, the same basic principles of management structure are applicable to most situations.


project delivery


Inspection Checklist for Contractors


A properly designed inspection checklist form can demonstrate due diligence in complying with regulations, manufacturer’s instructions, and workmanship standards. You can use it to set expectations for what needs to go right, and once completed it can serve as a record of what actually happened.
The trade contractor’s crew supervisor should use an inspection checklist to perform inspections on every job. If the trade has several phases of work on a home, prepare a separate inspection form for each one. In addition, the builder can use a copy of the same forms while performing quality reviews.
ISO 9000, the internationally recognized quality control standard, sets requirements necessary to assure conformance to specifications. The ISO 9000 approach not only assures that specifications are met but also confirms that all the elements of a reliable construction process are in place.
Jobsite Installation Record provides basic information about job location, start date, and the type of product or system that is to be installed.
Job Readiness questions verify there are no adverse conditions that impact quality and the job is suitable for work to begin. This should include availability of installation instructions and adequacy of work performed by previous trades, as well as building or environmental conditions that can affect quality.
Use of Materials should be documented. When materials affect quality, the inspection form should capture specific information on primary as well as secondary materials when they make a difference to the completed job.
Installation Inspection questions verify that product manufacturer’s specifications are followed and that workmanship meets expectations. Examine manufacturer’s installation instructions, NER product evaluation reports, codes, and regulations to identify key requirements that need to be followed for performance and durability. Supplement this with provisions for the needs of the following trades and your own expectations. Whenever inspection questions verify conformance to dimensional specifications, actual measurements should be recorded. Also verify the use of specific equipment or tools if they affect quality results.
Problems Found should be recorded, even if they are corrected. When the problem results in a deviation from specifications, note the deviation.
Job Complete sign-off should be done by the responsible craftsman after verifying satisfaction with workmanship and that the work is complete to specification. List any remaining repair items to be completed.
I encourage you to collaborate with your trade contractors and product manufacturers to prepare inspection checklists for each of your trades. The jobsite inspection checklist is an important element of a builder’s quality control system to help you build problem-free, durable homes
Inspecting Inspections of Inspections

Every home should have zero defects, judging by the number of inspections performed during the building process. Every trade contractor has multiple inspections by crew chiefs, builder staff, code officials, and the homebuyer. In total, there is more time spent inspecting and correcting than any other single construction activity.
Each inspection is justified by the defects it finds, but leaves enough undiscovered defects to justify the inspections that follow.
The first inspection assesses the quality of the craftsman’s work. Done right the first time, further inspection is unnecessary. The inspections that follow are not to inspect the craftsman’s work, but instead inspect the quality of previous inspections. Statistically, only one defect out of 1,000 should make it past four inspections when each inspection catches nine of ten latent defects.
Each trade is inspected more than four times. For example, think of the number of inspections performed just for wall framing. The first is an in-process inspection performed by the rough framing crew chief as each wall is built. As a phase is completed, the crew chief performs a second inspection to make adjustments, correct details and to add studs where necessary.
After the mechanical rough-ins, a series of frame checks are performed. The framing contractor’s inspector marks defects left by the rough framing crew and new ones created by the plumbing and HVAC trades. After those defects are corrected, the job is inspected by the builder’s superintendent. Again the frame is marked, punched out, and rechecked. Still Then another frame check is performed by a code official to catch anything that might have gotten by. Five inspections so far and counting.
After drywall and paint, the builder’s superintendent inspects for cosmetic framing defects, such as bowed studs, that are telegraphed through the drywall. When all is in order, the construction manager walks the house to be sure it is ready for closing. The eighth inspection is made by the home buyer during the closing walk through.
Wall-framing inspections are only a fraction of the total number that are performed on a home before its completion. Because we are compelled to inspect our inspections, cumulative inspection costs are high. Add the cost for correcting defects and the total price to assure quality may rival the craftsman’s pay to do the job itself!
Dollars spent on inspection and correction must be redirected to a more cost-effective quality control strategy. The ISO9000 quality control approach can help provide some answers. First ISO9000 helps to eliminate these defects by changing the focus to do the job right the first time, reducing dependency on inspection. When inspections are necessary, ISO9000 provides a thorough approach so redundant inspections can be eliminated.
To provide builders and trade contractors with tools to apply ISO9000 on the jobsite, the ISO9000 Builder Quality Alliance has started developing Quality Plans for specific trades. A free ISO 9000 Builder Quality Alliance "Quality Plan" is available from the NAHB Research Center.

Construction Project Documentation: A Basic Checklist

It is not uncommon for a contractor that has encountered a construction claim to be surprised to learn that he has not maintained the necessary construction project documentation to supports his claim or defense. This article will set out the basic construction documentation that should be maintained and why it is necessary.
In order to prevail on a claim it is necessary to prove that the contractor is entitled to prevail on the claim (entitlement) and then prove the additional costs incurred as a result of the claim (quantum) . Typically, entitlement and the quantum aspect of the claim are proved by reviewing how the contractor planned on building the project (as-planned), as well as how the anticipated costs relate to the actual conditions and costs that were encountered during construction (as-built). While oral testimony is admissible evidence, greater weight is given to documentary evidence. Thus, the existence of as-planned and as-built project documentation are necessary to prove a claim.
Many government construction contracts require a contractor to maintain complete project cost records. Those records may be subject to audit in the event of a claim for a change order. In light of the increasing tendency of government agencies to respond to delay claims with liquidated damages and/or false claims of statute violations, the existence of detailed records are the only viable method of countering such defenses.
The following checklist includes the basic project documentation that will be necessary to prepare and prove, or conversely disprove, a construction claim. The size and type of a project will obviously impact the amount of documentation that will be maintained for each project. Larger projects require greater care in the preparation and maintenance of project documents, while smaller projects cannot economically support such extensive documentation. However, before a project is commenced, a claim-savvy contractor will review this basic checklist and set in place a project documentation policy.
1. Construction Contract and Purchase Orders
The first document that must be reviewed in any construction dispute is the construction contract. The contract must be reviewed to determine which clauses apply to the contractors entitlement to prevail on the claim and what, if any, clauses limit the contractor's ability to recover the additional costs created by the claim. In addition to the construction contract, purchase orders are typically used to establish delays.
2. Bid Documents
In this author's experience, it is not uncommon for missing and incomplete bid documentation to undermine the whole claim. The lack of such documentation calls into question both the contractor's professionalism and the veracity of the purported as-planned costs. In order to prove that the additional project costs incurred were reasonable, it is necessary to establish that the underlying contract amount was appropriate. The bid documentation should include the following: takeoffs, unit pricing, subcontractor and supplier bids, calculations setting forth expected production, overhead and profit mark-ups, and mark-ups for labor burdens.
3. Schedule Data and Devices
In order to prevail on a delay claim, the party asserting the claim must prove that the delay was excusable, compensable and critical. To prove those three elements it is necessary to establish the anticipated project scheduling which was the basis for project bid. A comparison is then made with the as-built scheduling. Therefore, the contractor must have an as-planned and have regularly updated as-built schedules. Ideally, the schedules should be based on a critical path method. In addition, any weekly "look ahead" schedules should be retained. If any third parties had input into the scheduling, the related documentation should be maintained.
4. Project Diaries
Project superintendents should maintain a diary that contains daily entries that, at a minium, set forth: (1) each day's weather conditions, (2) on-site subcontractors and employees, (3) deliveries of critical materials, (4) on-site visits by third parties (e.g. project architect, owner or engineer), (5) discovery of hidden site conditions, discrepancies in plans and/or conflicts, (6) important conversations, and (7) any other noteworthy event. If a delay, hidden condition or project conflict is encountered, the project superintendent should start a separate report that tracks the discovery and resolution of that particular problem.
5. Change Orders and Change Order Logs
Almost every project will have one or more change orders. The delay in responding to change orders can impact the completion the project. Thus, it is important to retain a record when the change order was submitted and when it was approved or rejected.
6. Plans, Specifications, Shop Drawings, Requests For Information and Submittals
The design documents and related correspondence concerning the design of the project should be retained. A sound practice is to create a request for information log, a shop drawing log and submittal log that includes the date that the document was tendered and the date a response was received, along with any germane comments. Such logs simplify a review of delays in the completion of the project.
7. Project Correspondence
Any correspondence concerning the project should be retained. Typically, separate correspondence files are established for each party to the construction project. Ideally, the correspondence should be docketed (i.e. a chronological list that is maintained at the front of the file that states the subject matter for each letter, including who the letter is from and to whom it is written). If a critical delay is identified, a separate folder should be maintained for that issue. Copies of the key correspondence should be placed in that separate issue file, as well as in the regular correspondence file.
8. Job Cost Reports and Estimates
For larger projects, it is a common cost- accounting practice to produce a report of the actual cost of each line item on the bid for comparison to the estimated costs for that line item. Once again, these records are a key element of the as-planned and as-built analysis. In addition, a review of those reports will help identify cost overruns that may be created by changed job site conditions.
9. Financial Statements
A component of every delay claim is home office overhead. The home office overhead calculation is based on the general administrative expenses for the delay years as well as prior years. In addition, more elaborate computer-based accounting systems allow for detailed accounting reports for each project.
10. Employee Payroll Records
On many projects manpower can be the largest expense. The ability to establish, through payroll reports, that the manpower loading for a particular project was not as anticipated when the project was bid is a key part of any disruption and/or delay claim. Typically, the manpower loading is depicted on a graph, with one side for hours and the other side for the date the labor was provided. For example, spikes in the labor loading graph can depict disruption.
11. Photographs and Videos
Dated photographs and videos are useful in determining percentages of completion. They can also be useful in establishing that the work was performed in accordance with the plans and specifications.
12. Miscellaneous documents
If it becomes necessary to pursue a mechanic's lien, stop notice and/or bond claim, additional project documentation may be critical. For example, documentation that evidences the start and completion of the project (i.e. punchlists) will be useful in determining the time for recording a mechanic's lien. Additional documentation should include preliminary lien notices and lien releases.
In most contracts there are claims notice requirements. All correspondence and memorandums that prove that notice of a claim was given in a timely manner should be maintained. Similarly, notices that the contractor is proceeding under protest should be maintained.
Another category of documents are meeting minutes. Such minutes can be from weekly meetings with the owner, general contractor and/or the design team. Ideally, those minutes reflect completion of prior activities and open activities.
Conclusion
It is the claimant's obligation to prove its claim. If he cannot do so, he will not prevail. Alternatively, complete records will be necessary to defeat an owner's delay claim. The lack of complete business records can result in additional costs in proving or disproving a construction claim. If the documents are complete and well organized, the claimant's consultant will spend less time preparing and documenting the claim, thus reducing the cost of presenting the claim.

Commercial Real Estate Development finance

1 market feasibility studies -The market feasibility study is the foundation document that all other due diligence documents, designs and programs rely upon. If you are going to be seeking construction financing from a third-party institution, a market feasibility study is required and it must confirm all aspects of the financial feasibility study (below), the operating program, the scope of the construction program and the schedule of services and amenities.
2. Once the market feasibility study is completed, the next step is the creation of a financial feasibility study that includes all of the major pro forma FASB schedules, the supporting pro forma department budgets, occupancy/utilization schedules and revenue schedules together with a detailed presentation of the notes and assumptions, graphics and a detailed technical discussion of the findings on a month-by-month and year-by-year basis.
3. At some point in the process, the developer (or owner/operator as the case may be) will need to solicit capital financing for the project. This means a summary capital funding proposal must be created for the project and you'll want Rainmaker to prepare your business financing proposal because we prepare so many of them. You can't afford a single error, as lenders and investors receive untold numbers of unsolicited proposals every day. Your proposal has to survive the initial fact check, grammar and form. .
4. In today's capital markets, every real estate development project and developer/promoter is best served by understanding that real success lies in the developer being able to obtain favorable terms for the development financing. This can only happen when a structured funding approach is used that includes real estate syndications and other equity financing enhancements.
5. The federal government is not the only player in the commercial real estate financing capital markets that can provide non-recourse lending 9or what amounts to the same thing). By using a variety of equity funding products, the developer can lower the construction mortgage financing loan's loan-to-cost ratio to a point where a lender can be induced to make the loan on a non-recourse basis and without the dreaded cross-collateralization requirement.
6. Are you looking for more opportunity in commercial real estate investing? 25%, 50%, even 100% per annum cash-on-cash returns? Whether you are looking to be part of the construction risk pool and access an investment vehicle that is designed to provide higher-yielding cash flows (if successful) or take a long-term holding position for investment income.

Cause and Effect in Professional Services

.Definitions for each box:Customer EvangelistA customer evangelist is someone who moves from being a raving fan to someone who evangelizes our company and products. McConnell and Huba, the customer evangelism geniuses, define the following characteristics of such evangelists:

They purchase and believe in your product or service.
They are loyal and passionately recommend you to friends, neighbors, and colleagues.
They purchase your products as gifts for others.
They provide unsolicited feedback or praise.
They forgive occasional dips in service and quality; they let you know when quality slips.
They are not bought; customer evangelists extol your virtues freely.
As your evangelist, they feel part of something bigger than themselves.
Long Term RelationshipA long term relationship is one which lasts beyond the term of an initial engagement. It should span multiple engagement, not necessarily contiguous. Relationships here are defined as person-to-person. The kind of relationship we want to develop is a trusted advisor relationship.Trusted AdvisorA trusted advisor is the highest form of professional relationship. Trusted Advisor Associates defines four layers of professional relationship:
Expertise-based – paradigm of giving answers
Needs-based – paradigm of solving problems
Relationship-based – paradigm of customization
Trust-based – paradigm of personalization
They define the trust creation process as:
Engage around an issue meaningful to the client
Listen to what is important and real to the client; get the data, affirm the importance of that data to the client, and demonstrate you recognize it
Frame the true root issue, without blame, through a series of problem statements and hypotheses
Envision an alternative reality, including specific descriptions of outcomes and results
Commit to actionable next steps that imply significant commitment and movement
The ELFEC trust development process describes generically the evolution of trust in an interpersonal relationship – including successful consultative interactions.We aspire to develop trusted advisor relationships with key C-level executives and other decision makers (and check signers) within accounts in [our territory].Raving FansRaving Fans = Delighted CustomersKen Blanchard and Sheldon Bowles wrote the book “Raving Fans” and described in the simplest terms a process for creating customers that are not merely satisfied, but “raving fans”. There are approximately two copies of this book in print for every practicing manager in American industry (topped only by the 5 copies of The One Minute Manager per worker in American industry). At a high level, the formula for creating raving fans is:
Decide what you want
Discover what the customer wants
Deliver the vision plus one percent (not ninety percent of the vision plus 11%)
Tim Keiningham and Terry Vavra wrote The Customer Delight Principle, in which they offer some definitions of customer delight:
Positive surprise arising from extremely good service delivery or product performance
The highest level of sastisfaction
Exceeding customers’ expectations
The key difference between raving fans and customer evangelists is the depth of commitment and breadth of relationship with the individual evangelist. Each and every one of our engagements should aspire to create raving fans / delighted customers, even if the client never uses us again. If we are successful, they will often find ways to engage us again, which gives us the opportunity to build a trusted advisor relationship. Every single employee involved in customer-facing processes is responsible for the customer delight creation process.Relationship ManagementThe process by which we cultivate and nurture trusted advisor relationships with key client individuals. It consists of a series of processes to identify potential target individuals for a trusted advisor relationship, match an appropriate advisor to the client, and actively managing the relationship on an ongoing basis. We will need to define the specific processes and tasks as part of building our trusted advisor program.We will also actively manage client relationships that are not trusted advisor relationships. This will be done in a more traditional account management framework, but will involve more conscious planning than we do today.Offer DevelopmentOffer development is the process of creating standard mass-customizable technology/business solutions for offer to our customers. The deliverables are intended for our sales, trusted advisor, and delivery teams. Each offer provides tools for developing business justification, risk assessment and cost estimates for completing initiatives.Offer DesignOffer design is the process of taking a developed offer and tailoring it for a specific customer. This will generally be done as part of a trust-building experience / assessment project. The deliverables are a business justification, risk assessment, and cost estimate for full implementation of the initiative. This information will allow us to create alternative billing arrangements for the full initiative.DeliveryThe process of conducting work for a client; includes three phases:
Planning
Doing
Insuring customer delight
Planning includes understanding not only the entire scope of the project, but the customer satisfaction attributes, including delight-creating attributes, of the project as well. Insuring customer delight encompasses not only traditional QA, but also managing customer expectations and ‘selling’ the project.Sales and MarketingMost of our customer relationships will not evolve into trusted advisor relationships in the short term, and many will not in the long term. We will constantly be looking for new companies to work with, and exploring new business units and groups within existing accounts. Trusted advisors manage specific individual relationships, and will not be able to cover every conceivable opportunity within large organizations. In fact, the value of having a trusted advisor relationship may diminish in the eyes of those special clients if the services are available to everyone in the company. This work – “hunting” for new business, will be the responsibility of our business development team.Marketing comprises the set of activities that we engage in to develop initial leads for business development and trusted advisors, and includes the development of materials for use in the sales process.We thought it was brilliant, but it was a little too far out of the box for the management committee. We presented. Crickets chirped. Most of the original group is no longer with the firm.But I still think it's good stuff, and somebody ought to be able to put it to good use. What do you think of it