Masonry Magazine February 1977 Page. 6
MCAA Convention Report
arbitrate all disputes that developed through the course of construction," Plumb pointed out. "During recent years, however, either through the cost pressures on all parties involved in construction or as a result of changes in philosophy toward litigation, more and more construction disputes are being submitted to the judicial process.
Mason contractors, therefore, must begin to develop an awareness of the legal implications of the problems that can arise pursuant to the language of certain contracts. In many cases the informal arrangements that have been reached to excuse delays would not be made had the parties followed the strict language of the contracts. As many contractors have painfully learned, litigation is costly, time-consuming and disruptive of long-standing relationships.
According to Plumb, the standard AIA contract clause provides for non-compensable delays as follows: "If the contractors be delayed at any time in the progress of the work by an act or neglect of the owner or the architect, or of any employee of either, or by any separate contractor employed by the owner, or by changes ordered in the work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the contractor's control, or by delay authorized by the architect pending arbitration, or by any cause which the architect shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the architect may decide."
According to Plumb, without the above language in a construction contract, the general rule of law would be that the subcontractor is obligated to perform his contract within the time limits of the contract unless excused by an "act of God" or a rule of law.
It is therefore important that all of the provisions of the contract with respect to delays be reviewed so that if the contractor is required to give notice or take other actions in order to be allowed additional time to perform his contract, such actions can be taken in a timely manner," Plumb said.
He emphasized that in addition to obtaining relief from the time limitations in a contract, mason contractors should be concerned about the ability to be compensated for any extra costs that are incurred from delays that are caused by other contractors or the general contractors.
Plumb also cautioned about time clauses in contracts as they concern jurisdictional disputes. "You could sign away your rights as a mason contractor," he said.
The opening of the show was immediately preceded by the President's Reception, at which the Olympia Brass Band provided musical entertainment.
The opening session of the '77 MCAA Convention began on Monday morning, January 24, and featured Justin Wilson, nationally known humorist, author and syndicated radio broadcaster, as keynote speaker. Also appearing on the speaker's panel were Thomas F. Murphy, president, International Union of Bricklayers & Allied Craftsmen (BAC): Leo Nazdin, director. Department of Jurisdiction, Laborers' International Union of North America, and Neal English, executive director. International Masonry Institute, all of Washington, D.C.
Presiding at the meeting was Eugene George, MCAA Vice President, who assumed the President's Chair in the absence of Robert Ebeling, who was recuperating from a serious illness. Mr. George read the following telegram sent by President Ebeling from his home in Romeo, Mich.: "Words cannot express the disappointment I feel at not being able to be with you at this time. After 22 years of not missing a convention. I feel very close to all of you. Florence and I hope you all have a wonderful time in New Orleans. Thank you for all your greetings, cards and prapers on my behalf, and hope to see you all soon."
The opening session was conducted in the traditional MCAA manner with the presentation of colors, by the 8th Marine Corps District Color Guard of New Orleans;