Highways/Bridges

1. American Bar Association Forum on the Construction Industry Highways/Bridges Presented By: John Adams, PSPDemand Construction Services, Inc. Rick Kerr, PESage Consulting Group Stephen A. HessSherman and Howard LLC

2. From Local City streets…

3. … to Interstate Highways

4. The Primary Goal Provide safe transportation facilities to effectively move people and goods

5. The Primary Goal Provide safe transportation facilities to effectively movepeople and goods

6. “10 Commandment” For a Good Road • Get Water Away from the Road • Build on a Firm Foundation • Use the Best Soils Available • Place & Compact the Soils Well • Design for Winter Maintenance • Build for Traffic Loads & Traffic Volumes • Pave only those Roads that are Ready • Build it from the Bottom Up • Maintain to Protect Your Investment • Keep Good Records

7. Roadway Classification Expressway   Arterial Collector   Local

8. Design Control Analyze/Identify the purpose and need of the roadway • Speed • Vehicle Type • Traffic Volume • Traffic Capacity • Transit Activity • Pedestrian Usage • Parking Needs • Access • Intersections • Drainage

9. Plans Follow the Direction

10. Specifications Follow the Instructions: • They tell you how to build it • They tell you what to build it with • They tell you when to build it • They tell you how to get paid for building it • They tell you what to do when something fails • They tell you when your done

11. Site Safety Keeping the Site Safe Keeps your Company Working

12. Surveying & Staking Make sure you put it where it belongs… …at the proper elevation

13. Clearing & Grubbing

14. Demolition Sometimes you have to get rid of the old first Complete Partial

15. Earthwork Sometimes the Earthwork is in the Dirt…

16. Earthwork …and Sometimes the Earthwork is in the Rock

17. Base Course Stabilizing the grade with a layer crushed untreated or treated gravel provides increased integrity for the surfacing

18. Surface Course Asphalt Surfacing Concrete Surfacing Well Graded Aggregates Portland Cement Binder Slipped or Formed Rigid Pavement • Well Graded Aggregates • Bituminous Asphalt Binder • Hot Placed & Compacted • Flexible Pavement

19. Asphalt Paving

20. Cement Concrete Paving

21. Bridging the Gap

22. Bridge Objective Connecting Point A with Point B Keeps the feet dry and the tires out of the water

23. Bridge Objective Connecting Point A with Point B Saves us from the long journey

24. Bridge Objective Connecting Point A with Point B Provide safe passage

25. Bridge Objective Connecting Point A with Point B Clear the obstacle

26. Basic Bridge Types • Beam Bridges • Cantilever Bridges • Arch Bridges • Suspension Bridges • Cable Stayed Bridges • Truss Bridges

27. Build it Safe It’s not what it used to be It’s much better

28. Surveying & Staking Make sure you align it… …at the proper elevation

29. Demolition Sometimes you have to get rid of the old first Complete Partial

30. Foundation Pile Driven, Drilled Shaft and Spread Footing are Just some types but, without a solid foundation you won’t have a bridge for long

31. Pier Structures What’s the hold up?

32. Abutments Where the Bridge meets the Road

33. Common Concrete Bridge Types • Reinforced Concrete • Cast-in-Place Post-Tensioned • Precast Pre-tensioned • Hybrid (Combinations) • Spliced Girder • Cast in Place-Tensioned Segmental

34. Bridge Beams & Boxes

35. More Beams & Boxes

36. Common Steel Bridge Types • Multi-Girder • Stringer/Floor Beam System • Trusses • Cable Supported • Moveable Spans

37. Decking the Bridge

38. Safety Features • Keep them on the bridge • Groove the deck for traction • Bridge Rail • Pedestrian Rail

39. Legal Issues Presented by Highway Construction

40. Liquidated Damages for Delay • General Rule: As a matter of blackletter law, punitive damages cannot be awarded for breach of a contract. • Liquidated (stipulated) damage clauses are a permissible means of specifying damages for delay so long as they do not create unenforceable penalties

41. Liquidated Damages for Delay • Elements of an enforceable liquidated damages clause (they vary somewhat among jurisdictions): • The parties intend the clause to liquidate damages and not as a penalty to compel performance • At the time of contracting, the damages specified are a reasonable approximation of the damages envisioned from delay in completion • It would be difficult or impossible for the injured party to quantify actual damages to a reasonable degree

42. Liquidated Damages for Delay • Application of liquidated damages • Liquidated damages are ordinarily stated as daily charges for each day beyond contracted date of substantial completion • “Substantial completion” is usually the date on which the Owner can accept delivery for beneficial use • Because an owner may accept a project for beneficial use before “final” (as opposed to substantial) completion, some contract have two levels of liquidated damages. For example, the Contractor may be responsible for $3,000 until substantial completion, and then $1,500 until final completion.

43. Liquidated Damages for Delay • Procedural issues • A party charging application of liquidated damages bears the burden of proving it is an uneneforceable penalty. • In the context of construction projects, liquidated damage clauses enjoy widespread approval and enforcement.

44. Liquidated Damages for Delay • Contracting issues • Enforceability of a liquidated damage clause is enhanced by reciting the three elements stated above in the clause . • A general contractor may pass-though liquidated damages to its subcontractors when a subcontractor’s work causes delay in substantial completion • In addition to passing through damages a contractor may owe to an owner for liquidated damages, a contractor may also add its own liquidated damages for losses it suffers (extended overhead, for example) due to a subcontractor’s delay.

45. Liquidated Damages for Delay • Other issues • Liquidated damages for delay are a remedy only for those delay damages that arise from a breach unless otherwise characterized. • When a liquidated damage clause is held to be an unenforceable penalty, it does not mean that the party protected by the clause has no remedy – it merely means the injured party must prove actual damages.

46. Legal Issues Presented by Bridge Construction

47. Delays and Ownership of Float • In Critical Path Method (CPM) scheduling, a task is critical if a delay to that task will create an identical delay to the completion of the project. • If a critical task is delayed by two days, the completion of the project is delayed by two days.

48. Delays and Ownership of Float • Non-critical tasks have “float” • Float is the measure of time between the anticipated completion of a task, and the time when the task, if uncompleted, would become critical. • A task with 10 days of float is scheduled to be completed 10 days before it would become critical. If delayed for 10 days, the task would become critical but not delay the completion of the project. If delayed for 11 days, the task would become critical and delay the completion of the project by 1 day.

49. Delays and Ownership of Float • A project may also have float as a whole. • The project may be scheduled to end prior to the deadline for completion. If so, the project has float equal to that difference. • This float is consumed as critical path tasks are delayed. • Because delays to both critical and non-critical tasks are common in bridge construction, the question of ownership of float is important.

50. Delays and Ownership of Float • Project has 20 days of overall float. • On project day 50, owner delays the project by 10 days, consuming 10 days of float. • On project day 70, owner delays the project by 10 more days, consuming the remaining 10 days of float. • On project day 90, contractor delays the project by 10 more days, delaying completion by 10 days. • On project day 110, contractor delays the project by 10 more days, delaying completion by 10 more days. • Is the contractor liable for liquidated damages, and if so, how many?