The acquittal today of crane rental company owner James Lomma, on charges of negligent homicide and manslaughter, brings to a close the third high-profile New York criminal case against construction workers or executives with a not guilty verdict.  Which raises the question as to whether the criminal arena was ever the right place to seek redress. 

If you’re going to be an industry leader in standard form contract documents, you need to make it easy to access and use your forms.  Last week ConsensusDOCS announced its new platform, which will allow its roster of documents to be edited using Microsoft Word.  The announcement here provides some more detail.  It’s about time. 

A controversial project is being discussed in the public arena.  It could be a casino, with lots of supporters and detractors, or a public works project that will require substantial public funding.  And one of the arguments typically trotted out in support of the project is the proclamation that “this project will result in [fill in the blank] construction jobs!”  Easy to say, but hard to verify.  Who comes up with these numbers, anyway?

A troubling report has been injected into the “feel good” aura of LEED construction.  Matthew Hallowell, a professor at the University of Colorado Boulder, has confirmed via research and study that LEED projects carry an increased risk of worker injury.  The study was reported last week in ENR Mountain States, and comes with detailed reports on the nature of the increased risks.  Even a representative of the USGBC admits that the study is troubling. 

The natural give and take between contractors and the design professionals sometimes gives way to litigation revolving around the contractor’s ability to rely on the design professional’s actions.  A recent Massachusetts appellate court decision, available here (once posted) has clarified and limited the extent of that reliance. 

The press release that yet another large contractor has signed onto a web-based procurement portal raises the question – is this technology going to benefit subcontractors in ways they did not imagine?  Think about it – no contractor controls enough of the market to unilaterally compel compliance with its demands.  Use of technology will bring a need for uniformity in contract terms.  And a subcontract that places too much risk on the sub may hinder or even halt the gains sought to be achieved with the technology.  Work with me on this one.

Google “pure heart empty head” and you’ll find plenty of references to unsuccessful legal maneuvers.  The same thing happened recently in New Jersey.  The court never employed that phrase, but the contractor’s argument for attempting to pass along sales tax costs fit the mold.  The outcome?  The contractor was told to wake up, use common sense, and pay its own bills.