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DIRECTORY AND CAPABILITIES

NCCER Celebrates Construction Education Programs and Products in 2024

January 07, 2025 — The National Center for Construction Education and Research
ALACHUA, Fla., Dec. 30, 2024 (GLOBE NEWSWIRE) -- The National Center for Construction Education and Research (NCCER) released several new or updated educational products in 2024, serving its ongoing mission to provide workforce development solutions for the construction industry and impacting 330,000 people. NCCER's newest craft training products include a new certification program, multiple curricula updates, new Spanish curriculum translations, and NCCERconnect digital courses and resources. One of the highlights of the year was the launch of the brand-new Construction Foreman Certification Program. Helping to fill a significant gap in formal training for frontline supervisors, the program covers critical areas of field leadership such as people management, communication, quality, safety and productivity. The Construction Foreman Certification Program is the latest offering in NCCER's Construction Leadership Series (CLS), which provides turnkey, self-paced online certification solutions for leadership development. The first title in the CLS, the Construction Superintendent Certification Program, debuted in 2023. About NCCER – The National Center for Construction Education and Research (NCCER) is an independent 501(c)(3) nonprofit education foundation and the leading provider of construction education for industry and career and technical education programs. With flexible workforce development and learning solutions, NCCER's programs provide consistency and quality to ensure craft professionals and learners receive industry-recognized credentials and certifications. To learn more, visit www.nccer.org.

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BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute

December 23, 2024 — David M. McLain – Colorado Construction Litigation Blog
In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial reminder of the limitations imposed by Colorado’s Anti-Indemnification Statute, C.R.S. § 13-21-111.5, and its implications for contracts in the construction industry. This case arose from a Master Service Contract (“MSC”) between BKV Barnett, LLC (“BKV”) and Electric Drilling Technologies, LLC (“EDT”), in which EDT provided electrical services and equipment to an oil and gas lease wellsite in Texas. Following a lightning strike in early 2022 that damaged electrical infrastructure at the site, EDT dispatched Turn Key Utility Construction to repair the damage. During the repair work, an arc flash occurred, causing significant injuries to one of Turn Key’s employees, Matthew Lara, leading to a personal injury lawsuit filed by Lara in Dallas County, Texas. BKV sought indemnification, defense, and additional insured status from EDT under the terms of their MSC, which EDT contested. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

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It’s Called “Delegation” – Basic Risks and Considerations for Delegated Design on Projects

April 29, 2025 — William Underwood - ConsensusDocs
The use of delegated design on projects can create many practical benefits. But it can also create additional pitfalls and risks for contractors accepting delegated design responsibilities. Recognizing and understanding these various considerations is important for contractors taking on delegated design roles. This article examines some of these considerations and provides practical advice to address them. However, this article does not cover the entire waterfront of delegated design issues, nor does it address every single potential pitfall or consideration. Rather, it highlights certain issues for contractors to consider on projects with delegated design components. Under a traditional design-bid-build model, the contractor is generally entitled to rely upon the design it is given (which is typically complete). And the contractor is generally not responsible for defects or errors in that design (a concept often referred to as the Spearin doctrine, based on the famous case of that name). Typically, that design is prepared by the design professional of record (DPR), who remains responsible for the adequacy of that design. However, there are various instances in which it might make more sense to “delegate” certain design components to a contractor. This is particularly true given the ever-increasing specialization of materials, processes, sub-components, etc. used on construction projects. And in certain instances, the contractor may be better positioned to develop select portions of a design, particularly if it is highly specialized in nature. Read the full story...
Reprinted courtesy of William Underwood, Jones Walker, LLP
Mr. Underwood may be contacted at wunderwood@joneswalker.com

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A Claim for Constructive Suspension Does Exist

May 23, 2025 — David Adelstein - Florida Construction Legal Updates
A claim for constructive suspension does exist:

“Constructive suspension occurs when work is stopped absent an express order by the contracting officer and the [G]overnment is found to be responsible for the work stoppage.” “A constructive suspension will be found on the same elements and has the same effect and consequences as an actual suspension.” To recover under the Suspension of Work clause, the contractor needs to prove four elements: “(1) [the] contract performance was delayed; (2) the Government directly caused the delay; (3) the delay was for an unreasonable period of time; and (4) the delay injured the contractor in the form of additional expense or loss.” “The Government’s actions [must be] the sole proximate cause for the contractor’s additional loss, and the contractor would not have been delayed for any other reason during that period.” Quality Trust, Inc. v. Department of the Interior, 2025 WL 1092348 (CBCA 2025) (internal citations omitted).

The four elements are a must. If you fail to prove any of them, the suspension claim FAILS, whether it’s an actual suspension claim or constructive suspension claim. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Toolbox Talk Series: Direct Versus Consequential Damages--Is There a Clear Demarcation?

April 15, 2025 — Brendan J. Witry - The Dispute Resolver
In Hadley v Baxendale, 9 Ex. 341 [1854], of 1L Contracts lore, the Court of Exchequer set out the dichotomy of direct damages and consequential (or indirect) damages. In the 170 years that have followed, lawyers on both sides of the Atlantic have sought to parse out what are direct damages and what are consequential damages. In the March 20, 2025 installment of the Toolbox Talk Series, Gaetano P. Piccirilli and C. Quincy Conrad discussed this frequently disputed and convoluted classification of damages as direct or consequential in construction disputes. Gaetano and Quincy noted the traditional explanations of direct and consequential damages almost invariably use those terms without explaining how the differ. For example, direct damages are frequently described as "necessary and usual" flowing from the breach. Consequential damages are described as "naturally, but not necessarily" flowing from the breach. Gaetano and Quincy recommend avoiding the use of whether the damages are "foreseeable." Read the full story...
Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
Mr. Witry may be contacted at bjw@cmcontractors.com

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Speak Now or Forever Sign That Release – Part 1

March 10, 2025 — Gus Sara & Lian Skaf - The Subrogation Strategist
This episode of the Subro Sessions podcast, the first of a two-part series entitled: “Speak Now or Forever Sign That Release - Part 1,” is hosted by Gus Sara and Lian Skaf, Partners. This episode discusses the topic of subrogation settlement releases including guidance for the parties that draft the releases, obstacles that subrogation professionals typically run into, inclusion of the insured as a signatory and suggestions on specific language to use in the settlement process. Reprinted courtesy of Gus Sara, White and Williams LLP and Lian Skaf, White and Williams LLP Mr. Sara may be contacted at sarag@whiteandwilliams.com Mr. Skaf may be contacted at skafl@whiteandwilliams.com Read the full story...

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Michigan Bid-Rig Plea Lands Former Asphalt Paving Executive in Prison

May 06, 2025 — Elaine Silver - Engineering News-Record
A federal judge has sentenced one of several people charged in a Michigan asphalt paving price-fixing scheme to prison. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record

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Las Vegas Stadium for Athletics, Now $1.75B Project, Gains Key OK

December 31, 2024 — Doug Puppel - Engineering News Record
Construction start of a new stadium in Las Vegas to host the former Oakland, Calif.-based Athletics Major League Baseball team gained a key approval on Dec. 5, with the municipal stadium authority unanimously greenlighting the now $1.75-billion facility. Read the full story...
Reprinted courtesy of Doug Puppel, ENR

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