FAQs

ADA FAQs

What is the Americans with Disabilities Act (ADA) and who falls under its jurisdiction?
The Americans with Disabilities Act (ADA) was signed into law to ensure that everyone, regardless of physical limitations, had equal access to public facilities and programs. Title II regulation of the ADA covers “public entities,” which includes any state or local government and any of its departments, agencies, or other instrumentalities. Private entities that operate public accommodations, such as hotels, restaurants, theaters, retail stores, dry cleaners, doctors’ offices, amusement parks, and bowling alleys, are not covered by Title II but are covered by Title III of the ADA and the Department’s regulation implementing Title III. In contrast, public transportation services operated by state and local governments are covered by regulations of the Department of Transportation.

 

If we have a program or facility that was in place before ADA became law, is it exempt?
No. City governments may believe that their existing programs and facilities are protected by a “grandfather” clause from having to comply with the requirements of Title II of the ADA. In reality, there is no “grandfather” clause, but the law is flexible. City governments must comply with Title II of the ADA, and must provide program access for people with disabilities to the whole range of city services and programs.

 

Are smaller municipalities exempt from ADA compliance?
No. While public entities that have less than 50 employees are not required to comply with limited sections of the Department of Justice’s regulations, such as maintaining self-evaluations on file for three years and designating a grievance procedure for ADA complaints, no general exemption applies. All public entities, regardless of size, must comply with Title II’s requirements.

 

What does the ADA mean when it states that “reasonable accommodations” must be made for persons with disabilities?
This is an area of the law that is open to much interpretation. In general, city governments are not required to take any action that would result in a fundamental alteration to the nature of the service, program, or activity in question or that would result in undue financial and administrative burdens. This determination can only be made by the head of the public entity or a designee and must be accompanied by a written statement of the reasons for reaching that conclusion. For that reason, it is advisable to be familiar with the basic tenets of ADA when making this decision.

 

How do I know if I need to install an ADA-compliant curb ramp?
The ADA requires curb ramps on streets or roads “wherever there are curbs or barriers to entry from a pedestrian walkway.” Any new roadway construction or reconstruction that includes new sidewalks or is in an area with existing sidewalks requires curb ramp installation. Further, any sidewalk improvements or alterations within or adjacent to an intersection or a public transportation stop — even if the sidewalk work is incidental to other work such as utility installation — requires a curb ramp. New construction or reconstruction projects that provide access to a public facility or program, including parks, government buildings, post offices, bus stops, etc., also must have curb ramps. Finally, the Department of Justice has established that street resurfacing is an alteration prompting the requirement that curb ramps be installed at all intersections within a resurfacing area where sidewalks exist.

 

What makes a curb ramp ADA-compliant?
To be considered compliant, all curb ramps must include a ramp and a landing at the top – each with specified cross-slopes and running slopes. Smooth transitions onto the sidewalk and crosswalk must be provided. In some circumstances, street level landings are also required. Ponding water in the gutter area in front of ramps must be prevented. When curb ramps are constructed into the walkway so that pedestrian traffic would cross the ramp, side flares are then required with specified slopes to prevent trip hazards. As of 2001, truncated domes are now required on all new curb ramps to help the visually impaired determine when they are entering a roadway.

 

How can ADA consulting help my project progress more smoothly?
The ADA is an intricate law that leaves many (often ambiguous) decisions to local officials and design engineers. Attempting to make decisions without the help of qualified experts can result in a misguided direction of budget and resources. Hiring a construction manager with experience in ADA requirements can be an invaluable asset, because they can use their expertise and experience to navigate the law’s complexities.

 

Construction Management FAQs      

What is a construction manager?
According to the Construction Management Association of America, “Construction management is a professional service that applies effective management techniques to the planning, design and construction of a project from inception to completion for the purpose of controlling time, cost and quality.”

Undertaking a construction project is a complex and challenging endeavor that requires careful coordination of many different parties. Construction management firms can help aid in this quest by leveling the playing field between the owner and the contractor, as well as ensuring that everyone is informed and understands their role, expectations and schedule for completing the project on time.

 

How can a construction manager help me?
A construction manager can support you and your staff with a demonstrated strategy to deliver the best possible projects, on time and within budget. The construction manager provides the knowledge and experience needed to oversee construction projects with your agency’s needs in mind. A construction manager can represent you in such crucial areas as:

  • Contract document development
  • Contract bidding, negotiation and awarding
  • Schedule development and monitoring
  • On-site construction management and coordination
  • Contract administration
  • Budget management and change control
  • Quality and safety monitoring
  • Project completion and close out

 

Do I need a construction manager?
The role of the construction management firm is especially important in the public sector since many public agencies, especially smaller communities, undertake substantial construction projects only once a generation. However, the construction firms they will be working with construct many similar projects in the course of one year. This leads to a gap in knowledge and experience. By integrating a construction management firm into the project, however, you can balance the experience level between the owner and the construction firm.

 

When should I hire a construction manager?
A construction management firm should be the very first firm hired for a project, even before the architect and contractor. A construction management firm is most effective when it is not only afforded the opportunity to manage the construction, but also be part of the design, as it can bring great value to a project before the contractor is on-site. In addition, a construction manager brought onto the project early on also can provide front-end help in reviewing construction documents such as contracts, as well as keep the project on schedule and budget from day one.

 

What should I look for when selecting a construction manager?
One of the most important elements to consider when hiring a construction management firm is experience. Examine the firm’s experience in projects similar to yours and be sure that they served as the construction manager for those projects, not merely as the contractor or another member of the team. Also, be sure to check references. Ask for a list of owners that they have worked with and contact them to evaluate the firm’s performance. Finally, make sure that the firm provides comprehensive management with preconstruction, construction and post-construction services.

 

Successful Contracts - FAQs            

Can’t I just use a standard contract for every project?
No. While it’s fine to have a basic contract that you update for each project, plenty of care and consideration needs to be taken to ensure that the wording of the contract fits the job. Since each project is different and brings its own unique challenges, a specific contract and bid needs to be crafted for each job to ensure the unique aspects of the project are considered.

 

What sort of accountability measures should be built into a contract?
A daily report from the contractor is a must for any good contract. These daily reports are a critical tool for ensuring adherence to the schedule and keeping you abreast of any important developments. As such, the reports should indicate what work is being performed and by how many crew members, as well as detail which subcontractors and equipment are at the site.
In addition, a constructability review should be mandatory as part of the design process. Such reviews ensure that the drawings and specifications are geared to the current project. Constructability reviews significantly reduce change orders and can help alleviate the possibility for claims.

 

How important is the schedule when drawing up a contract?
Very. Too often, contract documents refer to the schedule only to specify a start and finish date with no other checkpoints. With this method, there is no way to accurately ensure that the project is staying on schedule and will meet the completion date. A proper schedule should include setting specific intermediate goals for the completion of project elements. Internal milestones provide checkpoints to see if target goals are being reached to ensure that the project stays on track.

 

What benefits can a construction management firm provide in regard to contract documents?
Construction management firms have the expertise necessary to wade through the difficult legal-speak of contract documents and draft contracts that leave no room for misinterpretation or disputes that could lead to costly litigation.

 

Claims Management FAQs                       

What is a claim?
A claim is a request for additional compensation of either cost or time due to a change in the terms of a construction contract. The party asserting a claim must show entitlement and damages. For entitlement, the party must show it is entitled to the additional time or money under the terms of the contract documents. To prove damages, the party must show the amount in dollars or days that it was injured as a result of the underlying claim.

 

What factors can lead to a claim?
Claims can arise from a variety of situations, including weather conditions, changes in plans or specifications, and unforeseen site conditions. If site conditions are different from those represented in the contract documents, or what could have been reasonably expected from the information available, this change may affect a project’s schedule. What’s more, any additions, deletions or revisions to the work that are still within the original scope of the contract also may cause a time impact. Human elements such as misinterpretation, unrealistic expectations, pride and an adversarial relationship also can lead to claims.

 

How can I identify potential claims?
First and foremost, know your contract requirements. The contract can help you avoid problems. Know your responsibilities, the other parties’ responsibilities and the ramifications of any party’s failure to fulfill its responsibilities. Understanding the contract can allow you to prepare a strategy to deal with problems before they actually arise. Identify the vague areas, and develop a plan to deal with potential problems not addressed by the contract.
In addition, an organization must have continuous review of the construction schedule. Knowledge of the day-to-day changes and events will help identify potential claims. Also, the firm will be able to identify the activities or events that have caused a delay or acceleration. Identifying claims early will help an organization collect and create the proper documentation to win the claim. Early identification also allows timely and proper notice pursuant to the contract requirements.

 

How can I avoid claims?
If problems or issues occur, document these as they occur. Ongoing documentation has numerous benefits. First, it allows you to remain aware of continuing problems in order to follow up on a regular basis. You will be able to identify problems in the early stages before they have a significant impact on the schedule and budget. Finally, you will be able to obtain authorization before performing any work outside the scope of the contract.
In addition to documentation, communication is key in avoiding claims. Effective written communication must include both formal and informal methods. Communication keeps all parties aware of the status of important activities and issues.

 

If a claim does arise, what’s the best way to keep it under control?
Claims mitigation is a multi-step process that will minimize the harmful effects of a claim. Typical components of a claims mitigation process include: contract document, project documentation, construction schedule, and maintenance and updating. For mitigation of the issue or issues at hand to occur, the first step is identifying the impact. The next step is identifying the underlying cause of the impact. Finally, it is important to identify methods to minimize, eliminate or correct the effect to the project.
In the end, mitigating claims relies on two items: communication and documentation. Communication keeps all parties up to date on the status of issues and problems arising on the project. Successful communication must be timely, clear and effective. Likewise, complete and accurate documentation of all aspects of the project is critical to mitigating claims.

 

Why should I seek help with claims mitigation?
If not dealt with in the proper fashion, claims can spell big trouble for a construction project. A firm with experience in claims mitigation will be able to pull from their experience with contract language, scheduling, documentation, claims-management software and mediation to ensure that each actual claim is handled smoothly and that potential claims are identified and avoided.

 

Scheduling FAQs                                          

What is Critical Path Methodology (CPM) scheduling?
The critical path is defined as the longest, continuous chain of activities through a schedule.

 

What are lead time and lag time, and why are they important in scheduling?
Lead time is an overlap of two activities in a schedule, so the successor activity starts before the predecessor activity finishes. Lag time represents a delay between the finish of the predecessor activity and the start of the successor activity. While the original schedule may be perfectly operational with these types of relationships in place, using these shortcuts leads to problems when the schedule is updated for actual progress.

 

If I’m familiar with scheduling software, can’t I create a successful schedule on my own?
Not necessarily. Knowledge of the latest scheduling technology and computer software isn’t really enough. To craft a schedule that works, one must have a thorough understanding of how the structure — whether it’s a bridge, building or roadway — is built and the logical progression of the structure’s construction. Not only that, this person must also be able to work with other team members (the contractor, project superintendent and estimator) and be able to see the big picture.

 

How can I benefit from third-party scheduling management?
A third-party firm with extensive experience in scheduling can help construct and guide your schedule in terms of design, logic and complexity, in ways that a staff member with less experience cannot. The clichéd adage is true – “people don’t plan to fail, they just fail to plan.” There is no substitute for “having been there” when scheduling a project. In addition, a good schedule is only a useful tool if it is actually used throughout the project. A third-party firm committed to making the schedule work can shepherd it through every stage of the project and implement changes along the way if milestones are not being met as planned.

 

What qualities should I look for in a scheduling manager?
First and foremost, make sure your scheduler is qualified for the job—meaning that not only is he or she familiar with the software systems required, but also has experience with or an understanding of how a project fits together. A good scheduler also should have an obsessive attention to detail, yet still be able to see the big picture. It also is important that the person developing the schedule is able to interface with all levels of management, and be someone whose opinions will be respected by the managers and superintendents directing the project.


What is the Eichleay Formula?
The Eichleay Formula is a method used by federal courts to determine the value of a contractor’s claims for unabsorbed, home office overhead when a project has been delayed. These costs are associated with the contractor’s main office functions that support the field staff by providing payroll, computer and administrative support. The Formula is a simple ratio equation – a particular project’s contract amount is a percentage of the sum of all the contract amounts on a contractor’s books during a particular period of time. That percentage is applied to the contractor’s total overhead -- during that same time period – to estimate the amount of overhead that can be “allocated” to the particular project being considered.

 

How does the Formula simplify the claims process?
Because unabsorbed home office costs can comprise up to 60 percent of a construction claim cost, without the Eichleay Formula, these are contentious costs to identify. The process of determining how much home office overhead a project “actually” uses can be an accounting nightmare. Hence, the simple ratio is substituted to avoid the time-consuming accounting.

 

What types of delay claims is the Eichleay Formula used for?
Compensable delays – ones where the owner or the contractor is responsible for the delay — are subject to claims for home office overhead; thus, they are subject to the Eichleay Formula. These are most often delays to a critical path activity that results in an extension of the work. Excusable non-compensable delays — or ones that are beyond the control of either the contractor or the owner, such as weather and strikes — are not subject to the Eichleay Formula.

However, the Eichleay Formula is not applicable to all problems or situations. Application of the Eichleay Formula is now narrowly defined and, in most cases, only applies to situations where a project’s work has been suspended and the contractor cannot pursue any other work because the suspension renders them without manpower or equipment, limits their bonding capacity, etc. However, the contractor must be on standby and able to return to work immediately. Another standard for determining whether a contractor has rights to compensation for such overhead is whether it is impractical for the contractor to take on new work to recover the cost for indirect overhead. Contractors are only entitled to this if their inability to take on additional work results from the standby status.

 

What should owners be aware of when it comes to the Eichleay Formula?
It is important for owners to know that claims using the Eichleay Formula can be disputed. Owners should carefully examine the contractor’s request for overhead compensation to determine if it is allowable and valid. Consultation with a construction management firm or an attorney that has experience with the Eichleay Formula is an important step in reviewing the claim. They can help owners determine whether a claim for home office overhead should be denied.



Click here to take a short test to determine whether you need a Construction Manager.



Please contact H.R. Gray for additional information pertaining to any of our services.