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The Articulation and Current Practices of Liquidated Damages in Standard Specifications for Highways

Abdel Aziz, A. M., & Muiruri, K. (2023). The Articulation and Current Practices of Liquidated Damages in Standard Specifications for Highways. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 15(4). https://doi.org/10.1061/JLADAH.LADR-959

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Abstract

Delayed delivery of highway infrastructure could financially hurt businesses that rely on such facilities, disrupt the public commute, and increase road user costs. For these reasons, state highway agencies (SHAs) tend to use and enforce liquidated damages (LDs) for the contractor’s failure to meet the completion times. While SHAs may have similar experiences on how their standard specifications (SSs) are structured and written, there are differences among the states on how the LDs are articulated. Further, with their requirements, SHAs need to maintain that their LDs regulations follow and account for the Code of Federal Regulations, for example, CFR.635.127. Additionally, contractors may legally challenge the LDs enforceability as unreasonable, excessive, penalty statements, or concurrently caused. This work aims to critically examine and thoroughly analyze how LDs were articulated in the SSs. For that, the LDs sections, definitions, and contract times of the standard specifications of all departments of transportation in the United States were collected, thoroughly reviewed, compared, and analyzed. With commonalities and differences among the SSs, themes of LDs current practice were identified under LDs characterization, application periods, reference times, and implementation forms. A detailed account of the particulars of each theme and practice is discussed and explained. The work provides insights for SHAs to evaluate their current LDs practice to other states’ practices to improve how LDs provisions are articulated.

Kevin Muiruri

Research interests: project delivery methods and impact to project success; project control and construction contracts; privatization in construction and private-public partnerships; project cost management; sustainability.

M.S. Construction Management, University of Washington (2022)
B.S. Civil Engineering, Dedan Kimathi University of Technology, Kenya (2017)

Research Methods in Daylighting and Electric Lighting

Inanici, M. (2021). Research Methods in Daylighting and Electric Lighting. In: Azari, R., Rashed-Ali, H. (eds) Research Methods in Building Science and Technology. Springer, Cham. https://doi.org/10.1007/978-3-030-73692-7_4

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Abstract

Research in daylighting and electric lighting focuses on the physical quantity of light, physiological response to the physical stimuli, and the resulting visual perception. This chapter starts with an overview of the measurement and simulation-based research approaches used in understanding and quantifying the lighting availability and variability in the luminous environment. Field and laboratory measurements are discussed along with computational techniques. The rest of the chapter focuses on psychophysical research methods that aim to quantify the human physiological and psychological responses to the quantity and distribution of light.

Keywords

Daylighting; Electric lighting; Visual comfort; Visual performance; Visual perception; Energy efficiency; Circadian lighting

A Critical Investigation of Common Lighting Design Metrics for Predicting Human Visual Comfort in Offices with Daylight

Van Den Wymelenberg, K., & Inanici, M. (2014). A Critical Investigation of Common Lighting Design Metrics for Predicting Human Visual Comfort in Offices with Daylight. Leukos, 10(3), 145–164. https://doi.org/10.1080/15502724.2014.881720

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Abstract

Existing visual comfort metrics are reviewed and critiqued based upon their ability to explain the variability in human subjective responses in a daylit private office laboratory environment. Participants (n = 48) evaluated visual comfort and preference factors, totaling 1488 discreet appraisals, and luminance-based metrics were captured with high dynamic range images and illuminance-based metrics were recorded. Vertical illuminance outperformed all commonly referenced visual comfort metrics including horizontal illuminance, IES luminance ratios, daylight glare probability (DGP), and daylight glare index (DGI). The bounded borderline between comfort and discomfort is introduced, and preliminary visual comfort design criteria are proposed for several existing metrics. Fundamental limitations of glare indices are documented, and the implications of inconsistent application of luminance ratio calculation methods are quantified. Future research is detailed.

Keywords

daylight glare; daylight metrics; luminance ratio; vertical illuminance; visual comfort

Window View Quality: Why It Matters and What We Should Do

Ko, W. H., Schiavon, S., Altomonte, S., Andersen, M., Batool, A., Browning, W., Burrell, G., Chamilothori, K., Chan, Y.-C., Chinazzo, G., Christoffersen, J., Clanton, N., Connock, C., Dogan, T., Faircloth, B., Fernandes, L., Heschong, L., Houser, K. W., Inanici, M., … Kent, M. (2022). Window View Quality: Why It Matters and What We Should Do. Leukos, 18(3), 259–267. https://doi.org/10.1080/15502724.2022.2055428

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Judy Bowes’ Research Featured in The Daily

Judy Bowes was featured on The Daily with a story about her Bird Friendly UW project. An excerpt is below. “UW researchers estimate that buildings on campus are responsible for 10,000 to 15,000 bird deaths, with up to 1 billion deaths occurring from bird-building collisions each year.  Judy Bowes’ research will provide insight into what UW’s contribution to that total is. Bowes, a graduate student in the College of Built Environments, has dedicated the past year toward analyzing how dangerous…

Industry-Faculty-Student collaboration through the Applied Research Consortium

Owner of RDF Consulting Services and consultant for Turner Construction, Renzo di Furia, is working with Associate Dean for Research Carrie Sturts Dossick in supporting student-industry collaboration. “Applied Research Consortium brings together an interdisciplinary group of built environment firms with faculty experts and graduate student researchers at the University of Washington’s College of Built Environments (CBE) to address the most vexing challenges that firms face today.” A case study in applied research is highlighted in the article. 3D modeling was…

Assessing Office Building Marketability before and after the Implementation of Energy Benchmarking and Disclosure Policies—Lessons Learned from Major U.S. Cities

Shang, L., Dermisi, S., Choe, Y., Lee, H. W., & Min, Y. (2023). Assessing Office Building Marketability before and after the Implementation of Energy Benchmarking and Disclosure Policies—Lessons Learned from Major U.S. Cities. Sustainability (Basel, Switzerland), 15(11), 8883–. https://doi.org/10.3390/su15118883

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Abstract

An increasing number of U.S. cities require commercial/office properties to publicly disclose their energy performance due to the adoption of energy benchmarking and disclosure policies. This level of transparency provides an additional in-depth assessment of a building’s performance beyond a sustainability certification (e.g., Energy Star, LEED) and may lead less energy-efficient buildings to invest in energy retrofits, therefore improving their marketability. However, the research is scarce on assessing the impact of such policies on office building marketability. This study tries to fill this gap by investigating the impact of energy benchmarking policies on the performance of office buildings in four major U.S. cities (New York; Washington, D.C.; San Francisco; and Chicago). We use interrupted time series analysis (ITSA), while accounting for sustainability certification, public policy adoption, and property real estate performance. The results revealed that in some cities, energy-efficient buildings generally perform better than less energy-efficient buildings after the policy implementation, especially if they are Class A. The real estate performances of energy-efficient buildings also exhibited continuously increasing trends after the policy implementation. However, due to potentially confounding factors, further analysis is required to conclude the policy impacts on energy-efficient buildings are more positive than those on less energy-efficient buildings.

Keywords

building energy benchmarking and disclosure policies; building energy efficiency; office buildings; time series modeling

Global Collaboration Studying Untold Narratives About Sustainable and Equitable Urban Change

A new international research partnership aims to spark dialogue and learning through storytelling about sustainable and equitable urban development. Collaborators from five global cities have partnered to shift common practices of how stories of successful urban change are told and who tells them. The study involves three case study cities that are exemplars of sustainable and equitable development. Local collaborators include academics and their community-based partners in Belfast (Queen’s University), Northern Ireland, Belo Horizonte (Federal University of Minas Gerais Brazil…