Managing the Risk

Are you protecting your price and, in turn, your profit during the bid phase? On this latest episode, I discuss the importance of evaluating and addressing proposed contract terms as part of the bid process on private projects. I also offer ideas for leveling the playing field on public projects, where contract terms may be non-negotiable. About the host: Chad Walker is Board Certified in Construction Law by the Florida Bar. He is a partner in the Orlando office of Regan Atwood. You can...

The final episode of my series with Brian Furniss, P.E. covers another important communication tool on construction projects - meeting minutes. We address the importance of not only attending progress meetings, but of completely and accurately documenting the matters discussed at the meetings. Brian provides insight into the items/topics that should be included in the meeting minutes. We also discuss circumstances where properly documented minutes can become critical to the resolution of a...

On this latest installment of my ongoing series with Brian Furniss, P.E., we discuss a project communication tool that is somewhat underutilized - schedule narratives. Like other critical project documents covered in this series, the schedule narrative provides an opportunity to not only communicate valuable information to the owner, but also to document circumstances that may become significant if a dispute arises. Listen now to hear our thoughts on the importance of regularly and...

Are you taking unnecessary risks with respect to the performance of changed or additional work? Are you including all essential information in your change orders? Have you focused on whether proposed change order language waives your right to additional time or money for unrelated items? Learn more about these concerns and more on this latest episode with guest Brian Furniss, P.E.

Are you properly utilizing daily reports to create a historical record on your projects? Do they include the information that may become essential if a claim arises? Find out about the benefits of taking a proactive approach to daily reports on this latest episode with guest Brian Furniss, P.E.

Are you sure you should click send on that email? This is the first episode in a multi-part series discussing various project documents that are often critical to resolving a dispute. Brian Furniss, P.E. joins me to provide his insight into the role project documents play in the successful resolution of disputes and the importance of taking a proactive approach to project documentation. Brian is a Certified Forensic Claims Consultant and Planning & Scheduling Professional, with over 17 years...

Rob Smedley, AIA, joins me to discuss challenges with managing the design phase of design-build projects and preserving claims for impacts to the design schedule. Rob is the Design Build Manager for Buildings at RS&H and serves as both the National and Florida Region Membership Chair of the Design-Build Institute of America (DBIA). The episode kicks off with examples of standard notice provisions applicable to design delay claims. Rob then offers insight into the design-builder's and owner's...

Is an email sufficient to provide notice of a claim under a construction contract? Listen to the latest episode to find out. This is the latest installment in a series of episodes that will focus on common risk-shifting provisions in construction contracts. Using the 2017 AIA A201 General Conditions as an example, I address the importance of understanding what constitutes a claim and discuss potential pitfalls with providing proper notice of a claim. About the host: Chad Walker is Board...

This is is the first in a series of episodes that will focus on common risk-shifting provisions in construction contracts. I address the misconception that liquidated damages can be used by an owner as a penalty for the failure to timely complete a project. I also offer some examples of liquidated damages clauses that are unenforceable under Florida law. About the host: Chad Walker is Board Certified in Construction Law by the Florida Bar. He is a partner in the Orlando office of Regan...

Best-selling author Rick Dalrymple returns for the the final episode in our four-part series on Workers' Compensation Best Practices. In this episode, Rick shares post-claim policies and procedures that employers can implement to reduce the expense of claims. About the host: Chad Walker is Board Certified in Construction Law by the Florida Bar. He is a partner in the Orlando office of Regan Whelan Zebouni & Atwood. You can reach Chad at 407-514-2621. You can also learn more about Chad's...

Workers’ comp claims seem almost inevitable in the construction industry. To effectively manage the risk of those claims, employers should implement return to work programs and other strategies designed to reduce the impact of a claim before it occurs. In our latest episode, best-selling author Rick Dalrymple will share his top pre-claim strategies for reducing the costs of workers’ comp claims. About the host: Chad Walker is Board Certified in Construction Law by the Florida Bar. He is a...

Are you using health questionnaire's as part of your process for managing the risk of workers' compensation claims? In this second episode of my four-part series with best-selling author Rick Dalrymple, Rick will share strategies for reducing workers' comp costs after making an offer or conditional offer of employment.

Workers' compensation claims can have a significant impact on profitability. On today's episode, I'm pleased to welcome Rick Dalrymple, a risk management consultant and best selling author on the subject of best practices in workers' comp administraiton. This episode is the first in a four-part series in which Rick will share practical strategies for reducing workers' comp costs and, in turn, protecting profitability.

On this episode, I talk about a risk alloction tool that is often overlooked - the construction contract. I share some thoughts on negotiation strategy, talk about the documents that establish the contract terms, and address the importance of understanding the terms that allocate risk. This episode will serve as the foundation for future episodes on critical risk shifting provisions. Tune in to learn how focusing on the contract terms before and during the project can make you a better risk...

The latest episode of Managing the Risk discusses the most common and critical risk allocation tool on a construction project - the contract. Despite its importance to shifting risk on a project, the contract is often an afterthought during the performance of the work. This episode reviews common risk-shifting clauses to set the stage for future episodes that will explore those provisions in greater depth.

The inaugural episode of Managing the Risk introduces the concept of risk in the construction industry. This introduction will serve as a framework for future episodes addressing the various risks inherent in construction. Host of the podcast, Chad Walker, provides a practical definition of "risk" as it applies to construction projects, followed by a review of risk-related questions contractors often consider before bidding on a project. The discussion then turns to an overview of risk...