Once again, the Civilian Board of Contract Appeals has published a decision in a construction case in which the mechanical subcontractor (a large MCAA member firm located in New England) claimed a substantial loss of labor productivity due to unforeseen conditions and design defects. The subcontractor’s labor productivity expert, Mr. Paul Stynchcomb, CCM, PSP, CFCC, testified regarding the impacts to the subcontractor and by utilizing the MCAA labor inefficiency Factors, the MCAA overtime inefficiency publication and in some areas, a measured mile analysis, the subcontractor was awarded over $2,000,000 in labor productivity damages.
This is another important acceptance by a major Board of Contract Appeals of the use of the MCAA labor inefficiency Factors and the MCAA’s overtime inefficiency data. See: Suffolk Construction Company, Inc. v. General Services Administration, CBCA 2953, 2954, 2955, 3596, 4175, 5006 December 2019.
Learn More About the Factors, Overtime Inefficiency and the Measured Mile
On Wednesday November 20, 2024, the Pipeline Hazardous Materials Safety Administration (PHMSA) published a notice explaining that for calendar year 2025 it is increasing from 25% to 50% the rate of random drug and alcohol testing for employees of operators and contractors engaged in operations, maintenance or emergency response for gas pipelines facilities, hazardous liquid pipeline facilities, carbon dioxide pipeline facilities, liquefied natural gas (LNG) plants, and underground natural gas storage facilities. In the notice, PHMSA also clarifies how operators and contractors should report their drug and alcohol testing data.
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