Does AWCI have any type of safety information
on the proper loading or stocking of dry-wall
into job sites?
AWCI publications do not specifically address
this particular issue, but it is an important one
to be aware of. The Gypsum Construction
Handbook, from USG (the centennial edition) has to following
to say on page 359 under Handling and Storage:
“Store gypsum boards flat on a clean, dry floor to prevent permanent
sag, damaged or wavy edges or deformed board. Do
not store board vertically. If board is stored on risers, the risers
should be evenly spaced, no more than 28 inches apart and
within 2 inches of the ends of the board. The risers should also
be placed directly under each other.”
Of the greatest importance here is the caution of not storing
boards vertically. Storing the boards vertically appears to save
space but presents a great safety hazard. I have personal knowledge
of a least two instances where an individual was injured by
drywall boards that had been stored vertically and then fell
against the individual.
Does AWCI have an escalation clause to protect
from the ever increasing price of steel?
The price for steel scrap has increased from
around $120 per ton last summer to more than
$255 per ton this month, according to a news
release published by the American Institute of Steel Construction,
Inc. For fabricators and suppliers trapped into bid estimates
based on the drastically lower prices, the doctrine of
“impracticality” may offer some hope. The Uniform Commercial
Code codifies this doctrine for contracts for the sale of
goods at §2-615. This part of the UCC is interpreted to mean
that “increased cost alone does not excuse performance,” unless
it is “due to a contingency such as war” or “unforeseen shut-down
of major sources.” While some steel price increases are
partly attributable to economic change in China and other factors,
immediate increases are due to a major shortage of coke,
a raw material for steel production, which was caused by a
December coal mine fire in West Virginia. According to one
report, “Late in the fourth quarter of 2003, U.S. Steel declared
force majeure on contractual coke shipments from Clairton
Works because one of its major coal suppliers declared force
majeure on coal shipments following a mine fire.” “Force
majeure” could make your claim for equitable adjustment based
on “impracticality,” whereas evidence showing that price
increases are really just due to multiple macro-economic factors
would tend to undermine your claim. So be careful how you
phrase your written claim. And, as with any claim, make it timely,
know how far to push, and know when to settle!
Huge increases in the price of steel since summer 2003 have rekindled
interest in the use of “escalator clauses” in subcontracts
to avoid the risk of materials price increases between bid day
and time of performance. In a Feb. 25 news release, AISC stated
that it “is recommending the inclusion of price escalation
clauses in both new and existing construction.” A query to
American Subcontractors Association’s Attorneys’ Council on
its e-mail listserve yielded spirited discussion and some useful
language for an escalator clause adaptable for use by any construction
business, no matter what materials are involved.
The ASA Web site is www.asaonline.com, and the AISC Web
site is www.aisc.org.
You can also get an update on steel by turning to page 10 of this
magazine.
About the Author
Donald E. Smith, CCS, is AWCI’s director of technical services.
