Agreement, Blog and Liability - Professional Constructor Central

Recent Decision Highlights the Potential Pitfalls in General Releases

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. The parties ultimately reached a settlement agreement regarding these claims. While these appeals were pending but before the execution of the settlement agreement, T.H.R. Enterprises, Inc. ,

Agreement

Agreement Claims Contract United States

What Contractors Need to Know About Surety Bonds

Construction Marketing

JULY 11, 2022

If the principal’s bond application is approved, the surety company will require the principal to sign an indemnity agreement before it will issue the bond. The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. Surety bonds do not protect you against liability.

Contractors

Contractors Legal Bidding Contract

Litigation over First LEED Platinum Building Comes to an End

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

Liability

Liability Maryland Green Agreement

Litigation over First LEED Platinum Building Comes to an End

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

Liability

Liability Maryland Green Agreement

Unlimited liability for designers and contractors

Construction Lawyer

MAY 30, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Unlimited liability for designers and contractors. This effectively wiped out the existing statute of repose and revived Sverdrups liability.

Liability

Liability Contractors Design Minnesota

#96: Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

DECEMBER 19, 2020

I promised elaboration on this question in an earlier blog (# 8). 2002) (“Thus, the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it consistent with the rights and obligations created under the Miller Act.”).

Subcontracting

Subcontracting New Hampshire Liability Defense

constructionattorneyblog: Liability for green design

Construction Lawyer

MAY 20, 2009

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Liability for green design. Gary Cole has written an interesting blog entry about designers' liability for green projects here: [link].

Liability

Liability Green Design Illinois

PSMJ Resources Blog: XL Insurance Enters Collaborative.

PSMJ Resources

AUGUST 3, 2011

XL Insurance Enters Collaborative Agreement With PSMJ Resources, Inc. XL Insurance’s Design Professional group, specializing in professional liability insurance for architects and engineers and a part of the global underwriting operations of XL Group (NYSE: XL), and PSMJ, Resources, Inc., Mel Lesters E-Quip Blog.

Insurance

Insurance Resource Agreement Liability

Obtaining the Proper Bonding for Government Jobs

Construction Business Owner

AUGUST 18, 2011

Home » Blogs. You know, I was thinking about one of my first blog posts, the one called, “Stop Whining! In a way, a surety bond is like insurance; it is a three-part agreement between the contractor, the organization requiring the bond (e.g. David Brown Blog. Fred Ode Blog. Jaron Stone Blog.

Cash Flow

Cash Flow Software Software Accounting

Keep Your Subconsultants in the Loop - PSMJ Resources Blog

PSMJ Resources

SEPTEMBER 5, 2012

Failures by your subconsultants can lead to serious liability. risk is a well-written agreement. Mel Lesters E-Quip Blog. Sullivan Kreiss Building Design Executive Search Blog. Ford Harding blog. The Marketing and Business Blog. Deborahs Proposal Writing Blog. Corporate Finance Associates blog.

Resource

Resource Las Vegas San Diego Liability

Green Building Data Risk as an Opportunity

Green Building Law Update

DECEMBER 3, 2017

And the power utilities protect themselves from liability related to data. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. That Agreement and more should be part of every contract of sale for a LEED project. Others collect building data.

Green

Green Risk Claims Drafting

constructionattorneyblog: Limitation of Liability in new AIA Document

Construction Lawyer

NOVEMBER 11, 2007

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Limitation of Liability in new AIA Document. One of the new 2007 AIA documents is B103 -- Owner-Architect Agreement for a Large or Complex Project.

Liability

Liability AIA Documentation Illinois

Non-signatory bound by agreement to arbitrate

Construction Lawyer

DECEMBER 28, 2007

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Non-signatory bound by agreement to arbitrate. Normally, only a party to an agreement to arbitrate is bound by the arbitration provision.

Agreement

Agreement Illinois AIA Chicago

Construction Contracts – What is My Scope of Work?

Construction Law Monitor

SEPTEMBER 19, 2013

Surprisingly, people on all ends of the contracting process don’t always understand the importance of the words chosen in their agreement. Without it, it would be impossible to determine where a contractor’s liability begins or ends. The short answer: liability. ” It is the basis of your contract.

Contract

Contract Liability Subcontracting Construction

Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

Best Practices Construction Law

SEPTEMBER 5, 2018

The appellate court reversed, finding that the owner-contractor agreement did not insulate the architect from liability. Take a look at my Top 20 series where I blogged about key contract clauses and their meanings. The trial court granted summary judgment in favor of the architect.

Claims

Claims Miami Contract Liability

constructionattorneyblog: Indemnity Agreement

Construction Lawyer

OCTOBER 18, 2006

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Indemnity Agreement. Listed below are links to weblogs that reference Indemnity Agreement : Recent Posts. Subscribe to this blogs feed.

Agreement

Agreement Illinois AIA Chicago

Construction Law in North Carolina: An archive of excellent ideas

Construction Marketing Ideas

FEBRUARY 19, 2016

This blog has been a participant in the Best Construction Blog competition since the contest’s inception, and in fact won in 2011. This blog has been a participant in the Best Construction Blog competition since the contest’s inception, and in fact won in 2011. You can vote for Melissa’s blog here.

North Carolina

North Carolina IDEA Construction Insurance

#98: Good Faith Limits on Termination for Convenience

NH Construction Law

FEBRUARY 27, 2021

In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. ” Summary judgment was entered for the painting subcontractor on liability, leaving for another day the issue of damages.

Contract

Contract Subcontracting Deals Bidding

#95: Are Miller Act Claims Arbitrable?

NH Construction Law

NOVEMBER 30, 2020

The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. An arbitration agreement is the quintessential “waiver of the right to bring a civil action,” and when contained in a signed subcontract it will necessarily be executed before labor or materials are furnished.

Claims

Claims Subcontracting United States Contract

#125: Pay-if-Paid Clauses and Contractor Default

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. ” 286 A.3d 3d at 1201.

Contractors

Contractors Bargains New Hampshire Contract

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. For liability to be fixed, some injury must have occurred. million; and. However, monetary damages need not have been incurred.

Claims

Claims Liability Contract Contractors

Construction Jobsite Safety: Strategies and Resources for Worker Well-Being

Pro Builder

AUGUST 5, 2022

Consider these elements of a training and awareness program to save lives, mitigate injuries, and reduce liability and costs . Simply, liability for injuries and fatalities extends to the builder under OSHA’s Multi-Employer Citation Policy, notes Edwin G. Jobsite safety is critical for workers and for your home building company.

Safety

Safety Resource Injury Construction

Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

APRIL 3, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Liquidation Agreement did not supercede agreement to arbitrate. However, the parties were unable to reach an agreement.

Claims

Claims Agreement Illinois Subcontracting

Deepwater Horizon: Three Years Later

Buisness Facilities Contributed Content

APRIL 12, 2013

The five states that were impacted by the Deepwater Horizon disaster (including 665 miles of contaminated coastline), Gulf Coast business owners, the federal government and BP have spent the past three years dancing a slow legal tango that has assessed clean-up costs, fines and other liabilities.

Mississippi

Mississippi Alabama Liability Louisiana

Tax Reform Impact on Employers and Employees

Revit OpEd

DECEMBER 22, 2017

Editor’s note : This blog was originally published as a Client Alert by Seyfarth Shaw LLP. Under the Tax Bill, no deduction is allowed for any settlement, payout, or attorney fees related to sexual harassment or sexual abuse if such payments are subject to a nondisclosure agreement. Drizner and Michael Lobie.

Employment

Employment Compensation Agreement Income

Final Countdown to Principal: Advice for Up and Comers

PSMJ Resources

AUGUST 13, 2012

related to becoming a Principal such as the Shareholder Agreement, Deferred Compensation Agreement, Buy-Sell agreement, Company By-Laws, Articles of Incorporation, Board Minutes, Budgets, business plans, strategic plans, and Annual Reports from the past several years. Mel Lesters E-Quip Blog. Ford Harding blog.

Equity

Equity Compensation Resource Agreement

15 Tips For Starting Your Own Roof and Guttering Business

Construction Marketing

FEBRUARY 11, 2021

Insurance, liability, and workers’ compensation . Limited liability company (LLC) . You can also hire a lawyer to help you out with other legal requirements such as service agreements. Start with General Liability Insurance and the Workers’ Compensation Insurance. . Roofing equipment and materials.

Insurance

Insurance Liability Legal Compensation

constructionattorneyblog: Incorporating AAA Rules gives arbitrator.

Construction Lawyer

JULY 20, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Therefore, the arbitration panel properly made the decision that the damages calculations in the Adams report fell within the agreement to arbitrate.

Illinois

Illinois AIA Chicago Agreement

constructionattorneyblog: FEDERAL APPEALS COURT HOLDS.

Construction Lawyer

MAY 4, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. This agreement did not provide for arbitration. That customer service agreement included an arbitration clause. .

Illinois

Illinois AIA Agreement Chicago

Misclassification of professional employees can be dangerous

Construction Lawyer

JUNE 22, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. « Unlimited liability for designers and contractors | Main. Unlimited liability for designers and contractors. Categories. arbitration.

Illinois

Illinois AIA Chicago Liability

constructionattorneyblog: Florida court holds that statute of.

Construction Lawyer

MAY 1, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Any claim made by either party to this agreement which is time barred for any reason shall not be eligible for arbitration.

Florida

Florida Illinois Claims AIA

Non-Lawyers cannot represent corporation in Arkansas arbitration

Construction Lawyer

APRIL 3, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Liquidation Agreement did not supercede agreement to arbitrate. Unlimited liability for designers and contractors. Categories.

Arkansas

Arkansas Illinois AIA Chicago

DESPITE HAVING TWICE SIGNED CONTRACT, CORPORATE

Construction Lawyer

MARCH 16, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Unlimited liability for designers and contractors. Subscribe to this blogs feed. Blog powered by TypePad. Categories. arbitration.

Contract

Contract Illinois AIA Chicago

States must follow supreme court precedent - arbitration and the faa

Construction Lawyer

FEBRUARY 24, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. with respect to all arbitration agreements covered by that statute. Unlimited liability for designers and contractors. Categories. litigation.

West Virginia

West Virginia Illinois AIA Chicago

Construction Contract's arbitration provision is separable, based on

Construction Lawyer

MAY 2, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. It also argued that the arbitration agreement was unconscionable. Unlimited liability for designers and contractors. Categories.

Contract

Contract Illinois Legal Construction

constructionattorneyblog: Non-signatories bound by arbitration.

Construction Lawyer

MAY 13, 2009

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Non-signatories bound by arbitration agreement in wrongful death case. Unlimited liability for designers and contractors. BP America Inc. ,

Illinois

Illinois AIA Chicago Agreement

Moving from Design-Build, DB, to Integrated Project Delivery, IPD

Building Information Management

AUGUST 6, 2013

This blog entry was co-authored by Oscia Wilson and Lisa Dal Gallo. Through downstream agreements, the major team players can also agree to waive certain liabilities against each other. The fee structure and certain waivers of liability (shared risk) between the owner and the other key project team members.

Design

Design Documentation Contract Estimating

Recent Downturn in Architecture Firm Billings Accelerates

PSMJ Resources

AUGUST 23, 2011

Despite the economic downturn, the majority of firms continue of carry some kind of professional liability insurance. This applies for both firm-wide and project-specific liability insurance coverage, although 26% of firms added or increased project-specific coverage, compared to 19% that added or increased firm-wide coverage.

Architecture

Architecture Debt Insurance Resource

The new AIA Documents and Arbitration - What Rules Apply?

Construction Lawyer

NOVEMBER 8, 2007

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. For example, AIA Document B101, Owner-Architect Agreement, states: § 8.3.1 Agreement of Parties. (a)

AIA

AIA Documentation Agreement Illinois

A lesson for Architectural Firms: be careful how you pay employees

Construction Lawyer

MARCH 27, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. This could be in the employment agreement or a separate document. Unlimited liability for designers and contractors. Childers, Architect, Inc.

Architecture

Architecture Illinois AIA Chicago

constructionattorneyblog: Appeal from order denying stay of.

Construction Lawyer

MAY 8, 2009

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Non-signatories bound by arbitration agreement in wrongful death case » May 08, 2009. Unlimited liability for designers and contractors.

Illinois

Illinois AIA Chicago Agreement

constructionattorneyblog: Risks in LEED design

Construction Lawyer

MAY 13, 2009

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Unlimited liability for designers and contractors. Subscribe to this blogs feed. Blog powered by TypePad. Categories. arbitration.

Risk

Risk Design Illinois AIA

Does Equitable Estoppel apply to a Municipality?

Construction Lawyer

SEPTEMBER 21, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Patrick then sued, claiming that the City was equitably stopped from denying liability for the work performed by Patrick. Blog powered by TypePad.

Illinois

Illinois AIA Chicago Lien

constructionattorneyblog: New York court holds that contractor.

Construction Lawyer

APRIL 30, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Unlimited liability for designers and contractors. Subscribe to this blogs feed. Blog powered by TypePad. Categories. arbitration.

New York

New York Lien Contractors Illinois

Recent Decision Highlights the Potential Pitfalls in General Releases

What Contractors Need to Know About Surety Bonds

Trending Sources

Litigation over First LEED Platinum Building Comes to an End

Litigation over First LEED Platinum Building Comes to an End

Unlimited liability for designers and contractors

#96: Payment Bond Sureties and "Pay-if-Paid" Subcontracts

constructionattorneyblog: Liability for green design

PSMJ Resources Blog: XL Insurance Enters Collaborative.

Obtaining the Proper Bonding for Government Jobs

Keep Your Subconsultants in the Loop - PSMJ Resources Blog

Green Building Data Risk as an Opportunity

constructionattorneyblog: Limitation of Liability in new AIA Document

Non-signatory bound by agreement to arbitrate

Construction Contracts – What is My Scope of Work?

Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

constructionattorneyblog: Indemnity Agreement

Construction Law in North Carolina: An archive of excellent ideas

#98: Good Faith Limits on Termination for Convenience

#95: Are Miller Act Claims Arbitrable?

#125: Pay-if-Paid Clauses and Contractor Default

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Construction Jobsite Safety: Strategies and Resources for Worker Well-Being

Federal Court dismisses sub's claim against GC because of arbitration

Deepwater Horizon: Three Years Later

Tax Reform Impact on Employers and Employees

Final Countdown to Principal: Advice for Up and Comers

15 Tips For Starting Your Own Roof and Guttering Business

constructionattorneyblog: Incorporating AAA Rules gives arbitrator.

constructionattorneyblog: FEDERAL APPEALS COURT HOLDS.

Misclassification of professional employees can be dangerous

constructionattorneyblog: Florida court holds that statute of.

Non-Lawyers cannot represent corporation in Arkansas arbitration

DESPITE HAVING TWICE SIGNED CONTRACT, CORPORATE

States must follow supreme court precedent - arbitration and the faa

Construction Contract's arbitration provision is separable, based on

constructionattorneyblog: Non-signatories bound by arbitration.

Moving from Design-Build, DB, to Integrated Project Delivery, IPD

Recent Downturn in Architecture Firm Billings Accelerates

The new AIA Documents and Arbitration - What Rules Apply?

A lesson for Architectural Firms: be careful how you pay employees

constructionattorneyblog: Appeal from order denying stay of.

constructionattorneyblog: Risks in LEED design

Does Equitable Estoppel apply to a Municipality?

constructionattorneyblog: New York court holds that contractor.

Stay Connected