建筑工程安全施工教育ppt

1,Successful Construction Projects:Avoiding and Mitigating Trouble on the Job,Presented By:,2,Featured Speakers:Robert C. McCue, P.E., - MDCSystemsJames M. McKay, AIA, P.E., - MDCSystemsRichard C. Nelson, Esq. NKMSMichael T. McInerny, Esq. NKMS,Communication Is The Key,4,Characteristics of Problem Projects,Overly OptimisticTop Down PlanningPoor Organization of Key DataProductivity and Progress AssumptionsPoorly Defined Work ScopePoorly Written ContractsUnrealistic SchedulesLogic Failures,5,Warning Signs The Owners Perspective,Delays and Scheduling Problems Missed Milestone Dates Defective Workmanship Unresolved Design/Technical Problems Excessive Number of RFIs Excessive Change Order requests Non-conforming Materials and Equipment Inadequate Labor Force on site,6,Warning Signs The Owners Perspective,Inaccessibility or turnover in Contractors Project team Unexplained removal of equipment from siteAccidents and safety problems OSHA violationsDelayed payment of Subcontractors Subcontractor LiensUnsupported claims by Contractor,7,Warning Signs The Contractors Perspective,Late/Defective DesignLate Payment v. ProgressDisputed Change Orders/PaymentSchedule ConfusionField Coordination ProblemsExcessive Requests For InformationLate/Defective Owner supplied materials or equipmentUnresolved Unforeseen ConditionsQualifications/Turnover of project personnel(both Owner and Contractor)Absence of Owners Maintenance/Operations team,8,Warning Signs In The Contract,You Wont Know If You Dont LookProject TeamIgnorance is not BlissLegal ReviewIdentify Problems in AdvanceDraft Form Notice of Letters,9,Warning Signs in the Contract,Clauses of InterestNo Damage for DelayExceptionsDelay vs. Acceleration, InefficiencyConstruction InterferencesUnforeseeable Site Conditions,10,Warning Signs in the Contract,Final Decision-MakerApplication, ExceptionsNotice RequirementsApplication: Public vs. Private OwnerExceptions,11,Warning Signs in the Contract,Dispute Resolution (e.g., AIA sec. 4.46 Arbitration Demand)Shifting Design Responsibility“Integrated” Shop DrawingsEPC, Design-BuildAssigned Vendors,12,Warning Signs In Project Communications,Changes in Frequency and/or ToneMaking a RecordTargetingThe Appearance of Legal LettersThoughts on Letter Writing,13,Subcontractor Warning Signs,Payment & PerformancePay-When-Paid Clauses and the Issues They BringDo the Subs have a Stake in your Schedule?,14,Subcontractor Warning Signs,ChangesPass-Through IssuesDo Subcontract Change Procedures Reconcile with Prime Contract?DisputesLiens,15,Surety Bonds and Hidden Warnings,Are They Still there When the Time Comes?Payments and Changes Can Give the Surety an Out,16,Surety Bonds and Hidden Warnings,Notices to the Surety and Status Reports Requested by the SuretyDisputes: Do We Have to Do This Twice?,Require Impact of Change Orders be shown in schedule.,Symptom,Hidden Delays. Delivery Problems.Possible Future Claims or waived.,Change Orders Not Incorporated Into Schedule,Require Update Submission. If necessary, do your own.,Hidden Delays. Poor Productivity. Delivery Problems.,Missed Updates,Require explanation of Logic and/or Duration Changes especially to Critical Path Activities.,Hidden Delays.Poor Productivity.Delivery Problems.,Real Delays To Critical Activities Dont Change Completion Date.,Require Schedule Submission.Require Initial Cash Flow Projection.Require Procurement/Shop Drawing Submission Schedule.,Lack of a real plan.Problems discovered after bidding.Long Lead Time Problems.,Contractor Refuses Or Delays Providing An Initial Schedule,Response,Potential Problem,Signs or Symptoms That Trouble is Brewing,Require explanation of Logic and/or Duration changes especially to Critical Path Activities.,Hidden Delays/Future Acceleration/Disruption Claims. Extended or increased Overhead Costs. Poor Productivity.,Apparent Disconnect Between Cost/Progress Or Earned Value/Time.,Require explanation of Logic and/or Duration changes especially to Critical Path Activities.,Hidden Delays. Delivery Problems. Unrealistic Recovery Projections.,Projected Durations For Incomplete Or Unstarted Work Changed For No Apparent Reason.,Require explanation of Logic and/or Duration changes especially to Critical Path Activities.,Hidden Delays/Future Acceleration/Disruption Claims. Poor Productivity.Delivery Problems.,Schedule Logic Changed To Show More Trades Working In An Area At One Time.,Response,Potential Problem,Symptom,Signs or Symptoms That Trouble is Brewing,Time Impact Analysis,20,Time Impact Analysis (TIA),Isolates and quantifies impact of individual delay causing eventsUses both as-planned and as-built schedulesIdentifies a day-for-day increase to project date,21,As-Planned vs. As-BuiltImpacted As-PlannedTime Impact Analysis Progress Verification,Schedule Analysis,22,Mitigating Risk,Managing your File Sloppiness Breeds LitigationCorrespondence, Daily Reports, Change NoticesPromptSimpleClearly Written OrganizedSegregate Costs for Changed Work from the Start,23,Mitigating Risk,Privilege, Drafts & Evaluations Attorney-Client and Work Product PrivilegesWhat Are They?How Can You Lose Their Protection?,24,Attorney-Client Privilege,Protects confidential communications between the attorney and her client made for the purpose of furnishing or obtaining legal advice or assistance.,25,Work Product Doctrine,Qualified immunity for document prepared in anticipation of litigationAttorney thought processPrepared at attorneys request,26,Mitigating Risk,Drafts & Opinions Too Much Communication Can be a Bad ThingTheories and Valuations ChangeWill Their Lawyer See This?,27,Mitigating Risk,Insurance - Basic Coverages on the JobCasualty CoverageBuilders RiskCovers the Work in ProgressDoes Not Cover WorkmanshipAnticipate Partial Project Turnover,28,Mitigating Risk,Liability CoverageCGLE & OClaims Made vs. OccurrenceConsider Subrogation: Will the Builders Risk Insurer Come After your Liability Coverage?,29,Mitigating Risk,Efficacy InsuranceLiquidated DamageCoverage for Delay, Performance and TestsExpensive, Tightly Underwritten,30,Mitigating Risk,Notice is ImportantCertificates of Insurance Do Not Assure Coverage: Quigley, 427 Mass. 455 (1998)Professional E&O Coverage,31,The Owners Perspective,The Owners Dilemma: Maintaining Flexibility While Controlling Contract Price Overruns,32,The Owners Perspective,“Clarification” vs. “Change”Consideration Required?Meaning of “Scope,” i.e., Scope of “Work” vs. Scope of “Contract”Construction Directives vs. Change OrdersConstructive ChangesCardinal Change,33,The Contractors Perspective,The Owners Top Five FailuresAssumes Any Job Can Be Built Without ChangesAssumes the Design Documents Are Complete and Error-FreeFails to Provide for the Inevitable Changes (Contingency)Fails to Control User Changes During ConstructionFails to Recognize Design Professionals Lack of Objectivity and Neutrality,34,Project Management Methods,Companies Must Still Execute a “Good” Project in the Traditional SenseScope DefinitionScheduling ControlEstimating, Budgeting and Cost ControlProject Financial Management,Importance of Project Management,35,Develop Detailed Project PlansIdentify/Quantify Key AssumptionsMake Project ComparisonsImplement Team Building StrategiesDevelop Multilevel Relationships with Customers/SuppliersRevisit the Plan on a Regular Basis,Proven Project Management Techniques,36,ChangesEngineering DeliverablesLong-Lead EquipmentSite Re-mobilizationConstruction InterfacesVendor Maintenance ServiceStart-up Testing/CommissioningInitial Operation and Operator Training,Strategic Planning Parameters,37,Marshalling Outside Resources to Keep the Project Moving,What Failed ?Determination of CausationConstructionDesignImmediate/ Long TermDetermination of Technical Responsibility/LiabilityImplications of Failure to Rest of Project,Objectivity, Experience & ExpertiseIdentify and Evaluate Alternative Courses of Action,38,Expert,One who is knowledgeable in a specialized field, that knowledge being obtained from either education or personal experience.One who by reason of education or special experience has knowledge respecting a subject matter about which persons having no particular training are incapable of forming an accurate opinion or making a correct deduction.Blacks Law Dictionary 648 (6th ed. 1990),39,“The application of the principles and practice of engineering to the elucidations of questions before courts of law. Practice by legally qualified licensed professional engineers who are experts in their fields by both education and who have experience in the courts and an understanding of jurisprudence. A forensic engineering engagement and may require investigations, studies, evaluations, advice to counsels, reports, advisory opinions, depositions and or testimony to assist in the resolution of disputes relating to life or property in cases before courts, or other lawful tribunals.” Blacks Law Dictionary 648 (6th ed. 1990),Forensic Engineering,40,Forensic Project Management (FPM),The application of the principles and practice of project and construction management to questions of fact and as the basis of opinions. Practice by legally qualified registered architects and professional engineers who are experts in their fields by education and who have experience in the courts and an understanding of jurisprudence.,41,Salvaging the Troubled Project,Can the failure be fixed?Determination of Impact to the ProjectScheduleCostScope,42,Salvaging the Troubled Project,Define Recovery PlanWhat needs to be done differently during the Recovery phase than before?Preservation of EvidenceCost Accounting CodesSchedule of Recovery Plan incorporated into Original ScheduleDefine Scope of Work necessary for Repair and Recovery,43,Salvaging the Troubled Project,Documentation of All Communications too much too little too ugly too latePlanning for litigation to avoid litigationRe-examine the Contract Which Provisions will Hold Up,44,Dispute Resolution,Whats Available, Whats New Early Disposition: DRBs (U.S.) and Adjudication (U.K.) Project Advocate Designers DeterminationPartne