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Construction deadlines and delays

lylecharles21Written by Lyle Charles

Most construction contracts will have terms that include deadlines and delays. However, the most important deadline is the substantial completion deadline. This deadline, when reached, gives the owner the right to rent, sell, work or live at the construction site/project.

This deadline is also important as it is linked to satisfying obligations to third parties, such as local government requirements for completion by a specified date. Here are some tips that will help construction companies improve their construction claims management processes and meet this deadline.

Identifying the deadline – You should make a note of the deadline, either from the start of the project or from the start of completion of a specific event. If you use the latter, remember that if this process is delayed, you should reduce these days off your countdown.

Construction delays – Every project will have delays, but it is important to assess the delay to reduce further delays that will cause bigger issues. Ask the following questions; 1. Who or what caused the delay? 2. Will the delay affect other deadlines? Will the price be affected?

Excuse delays – These are delays that are due to unforeseen events that could not be predicted before the parties entered the contract. Some of these delays are specifically mentioned in the contract and others have to be qualified as an excused delay to receive an extension. Therefore it is best to categorize and inform the relevant parties, using a delay notice, as soon as possible.

Including these three main processes into your construction project will help to reduce construction delay claims and ensure that your company retains its reputation.

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Lyle Charles is an expert in commercial and residential construction, and is certified in construction mediation and construction claims preparation.

 

Delay claims in construction cases: common pitfalls

lylecharles-2Written by Lyle Charles

80% of disputes in construction are due to delays in the project. In order to process construction delay claims correctly, it is important to understand the basic elements necessary to prove a delay claim.

Delays often occur when the period of time has been extended on a project, due to circumstances not anticipated when the parties entered the contract. The most common causes are differing site conditions; changes in requirements/design; defective plans and specifications; weather conditions that stall construction; unavailability of labor/ material/ equipment and interferences by the owner.

This will force the contractor to delay the project, causing him/her to spend additional funds to complete the project. These costs can include the costs of idle workforce/equipment; additional office overheads etc. To get approval for the extension and the incurred costs, contractors will need to meet specific prerequisites.

Here are the most common types of delays

Excusable delays – Are delays written in the contract and can include design errors /omissions, changes initiated by the owner; unanticipated weather and natural disasters.

Non-excusable delays – Are those that the contractor has assumed the risk under the contract.

Compensable delays– If a delay is compensable, it will be stated in the contract and the contractor can recover the costs of the delay.

Non-compensable delays – These are stated in the contract and are delays that the contractor will not be compensated for. For example, the acts of a negligent subcontractor that resulted in delays and damages.

Concurrent delay – Are those that delay the project, due to an independent delay occurring during the same time.

To handle your claims on a large construction project it is best to get advice from a reputed construction claims management team.

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Lyle Charles is an expert in commercial and residential construction, and is certified in construction mediation and construction claims preparation.

5 steps to choosing the right bed

Written by The Foam Factory

People spend a third of your lives sleeping and therefore choosing the right bed and mattress is vital to getting a good night’s sleep. Here are some areas to consider before choosing your bed.

Don’t just look at it, lie on it – It is important that you always try your bed and mattress before you buy it. Although the salesperson may sell you on the fact that you are getting a discount memory foam mattress with your bed for a low price, it is always best to give your bed a try. The way a mattress and bed feels will greatly depend on a person’s weight and build and therefore its feel, is unique to you.

Choose a bed together – For those who are sharing a bed, you should choose your bed with your partner. This way both you and your partner get a chance to lie on it and assess its comfort.

Think about the size of the room – Your bedroom’s size should be taken into account, because if you have a small bedroom, a large bed will leave you with little or no space.

Make the most of the space with storage beds – For those who are short on space, choose a bed with storage at the bottom, sides, and bed head.

Give yourself room to spread out – For people who like space, it is advisable to choose a king size memory foam mattress and bed.

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At The Foam Factory, you can find just about every type of cushion you could ever need and each one is more comfortable than the last. So whether you need memory foam bed toppers, replacements, an option for your RV, something to sleep on in your bedroom or just about anything else, this store will have what you’re looking for and then some.

 

How to Purchase a New Couch Without Any Regrets

Buying a new couch means spending a substantial amount of money. It’s best to do it right the first time.

new-couch-purchaseA new couch is a major investment. No matter what type you get, you’re likely to spend hundreds of dollars at the least. So, in order to maximize your investment, be sure that you pick out the right type of sofa that will fit your personal preference. Here are some tips on what to look out for on your next purchase.

Purchase a Solid Frame

The frame of a couch is essentially the core of the entire thing. A sturdy frame means you’ll have a long-lasting couch on your hands. Remember, soft wood like pine wood, may be cheaper, but it’s also less durable and will end up giving you wobbling problems after several years. The pricier hard wood such like ash or beech are more durable and will give you a longer lasting couch in the long run.

Check the Cushions

Polyurethane foam is one of the most common types of cushion foam used today. It’s a low-cost, easy to care for cushion filling that provides optimal support. However, if you want something more comfortable and longer lasting, look into purchasing high-resilient (HR) foam.

Although it’s slightly more expensive, remember that you’re getting what you pay for. HR foam inserts are known to remain plump, require little to no maintenance, and will always rise after being flattened for a period of time. Don’t skimp out on spending a little extra cash to allow for a significant amount of comfort. It’ll be worth in the long run, no doubt about that.


The Foam Factory is the most competitive foam distributer on the market today. For couch cushions and other foam products, visit The Foam Factory online today.

How to Avoid Court When Solving Construction Claims

avoid-court-construction-delayConstruction delay claims can cause trouble for any construction outfit, regardless of size. These claims usually deal with some mismanagement of scope of work or an injury on site, and they can go to trial if both parties don’t make every possible effort to avoid that outcome.

The reason construction mediation is preferable to trial is that both parties will require significant financial resources to acquire representation in court and make their case. In mediation, it’s much easier to make this case in front of a third party without expert witnesses or attorneys running up a tab. For most companies, mediation should be the ideal outcome for any claim that goes beyond the filing period.

The key to avoiding trial is in construction claim preparation. It’s crucial that you document every aspect of the contracted work, as well as your fulfillment of that contract. This will save you’re the expense of going to trial more than any other tip on this page. Tracking the scope of work, as well as all contractual obligations, should be something you do on a regular basis to make sure the project requirements are being fulfilled.

It’s surprising how many companies fail at tracking this basic information.

If both parties still have a disagreement after a claim has been filed, mediation and trial may be your only options left. Mediation is still preferable because it’s faster than trial. Trial also brings additional costs that mediation doesn’t even deal with.


Lyle Charles Consulting has more than 30 years of experience owning and managing construction companies, construction mediation and more.

Construction Mediation: Tips to Resolve the Claim

construction-mediation-arguingIn construction delay claims, lost time equals lost revenue from the project for pretty much everyone involved in the claim. Depending on those costs, it may be tempting to consider trial in the heat of the moment. This isn’t a decision to be taken lightly, however, as trial may bind you to a decision not in your favor. A better idea is to attempt mediation first.

Construction mediation seeks to resolve a claim with a solution that tends to compensate both parties, or at least leave both parties satisfied with the outcome. It may be that someone owes you money, but continuing the work relationship would allow them to recoup some of those losses. In that case, both parties may be willing to accept the outcome.

Mediation requires an open mind, and a bit of patience. Construction advisory services will often recommend clients spend time carefully documenting their side of the case, then calmly presenting the evidence. Bear in mind, mediation allows the opposing side to air its grievances. A mediator’s job isn’t to find who is at fault, only to help the parties come to a solution they can agree to.

Mediation works for most situations, but you do have the option to back out if you find your case is simply not presented well enough. You would need to take the other party to court in that case, but mediation allows you the chance to work towards a resolution first. It’s a tactic used in civil cases, where parties have business disagreements, and it’s a great tactic to preserve the business relationship with another company.


Lyle Charles Consulting offers construction advisory services to businesses of all sizes, helping to resolve construction claims and mediate disputes for efficient resolution.

Why You Should Consider Replacing Your Couch Foam

Instead of spending insane amounts of money on a new couch, try replacing the foam instead.

Written By: The Foam Factory

beige-couch-with-cushionsIf your old couch or sofa is looking a bit sad, why not spruce it up by rolling out a few improvements to the upholstery or the foam inside? Numerous homeowners would rather replace their couch when it gets old. In any case, rather than putting a lot of cash into a fresh out of the plastic new one, take an opportunity to hunt down some new custom seat backs or cushions, as it would ultimately change the way your couch feels.

Foam Replacement

In case you’re searching for foam substitution, make sure that you check your nearby stores to figure out what kind of seat foam is a good fit for you. Two of the most important components that you need to consider when finding the right pads are backing and comfort. The times where you are spending time with your family or a loved one on the couch will be a more pleasant experience due to the foam replacement. The last thing that you need is to constantly move around because of spinal pains and soreness.

Cushion Replacement

A solid aspect regarding foam substitution is that you can redo the seat foam to decide how firm or delicate you need it to be. For example, a higher thickness will bring about a firmer feel to your foam seat – and vice versa. Another awesome approach to redo your couch foam is to visit an upholsterer and have him or her make a custom pad cover that matches either the couch or whatever other configuration that you incline toward. The decisions are perpetual, and it’s dependent upon you and your personality to figure out what works best for you.

Settle Construction Disputes Faster With These Tips

Construction projects are always ambitious. The act of creating something out of nothing is understandably complicated. Because of this, construction contracts are also complicated and prone to dispute. Legal proceedings are expensive and time consuming, according to construction consultant Lyle Charles, which is why it is beneficial for all parties to keep the issue out of court. Here are a few tips to settle your construction dispute faster.

  1. Communication

Construction projects hinge on a contract between the person paying for the project and the company providing construction & turnaround services. The contract spells out when, where and how the work should be completed. Even the most explicit contracts, however, are subject to change. This is why constant communication between all parties is essential. All parties should discuss changes as they occur in order to minimize conflict.

  1. Consultants

A construction consultant is a third party who is hired to facilitate communication between the person paying for the project and the builder. These consultants know how to streamline communication, which can provide a buffer that prevents conflict. Consultants can settle disputes before legal proceedings are necessary.

  1. Mediation

When legal disputes seem inevitable, private mediation is the best solution. With mediation, legal issues are aired in a professional setting with a third party. This third party can then guide the discussion and ultimately resolve the conflict. The process is flexible and voluntary, and it often settles disputes faster than actual court dates. This not only saves time but money as well, making mediation an excellent tool.