Construction Law

APRIL 2, 2024

Legal terms explained Kyle Melville of Herbert Smith Freehills LLP explains what is meant by Scott Schedules. Alternative dispute resolution Non-disclosure agreements in settlement: they are not all bad! Our latest alternative dispute resolution series article looks at the use of non disclosure agreements when settlements are reached.

Construction 52

Construction Liability Risk Contract 52

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

Liability 90

Liability Agreement Drafting Insurance 90

Pro Builder

NOVEMBER 18, 2022

Each community and asset in your portfolio requires diligence, legal paperwork, and closing documents. After potential buyers sign nondisclosure agreements, your advisor will distribute your offering documents, coordinate calls with your ownership team, arrange site visits, manage the bidding process, and collect bids.

Deals 52

Deals Bidding Agreement Cash Flow 52

Levelset

APRIL 15, 2022

An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. It gives the assignee authority to file and negotiate a claim directly with the insurance company, without involvement from the property owner. The AOB agreements need to be in writing. What is an assignment of benefits?

Insurance 52

Insurance Contractors Lien Claims 52

Pro Builder

MAY 27, 2022

Those items proved valuable resources for conducting his new duties—so valuable that his previous employer sued for violation of confidentiality and nondisclosure agreements and for illegal use of trade secrets. Businesses looking to negotiate this rocky terrain have a valuable tool at their command: restrictive covenants.

Employment 98

Employment Agreement New York City Resource 98

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

Liability 52

Liability Agreement Drafting Insurance 52

Construction Dive

AUGUST 11, 2016

Believe it or not, a construction contract with scores of provisions that runs dozens of pages does not actually define the entire legal relationship between the parties, regardless of how thorough the contract may seem or how much time and expense they invested in its drafting.

Contract 48

Contract Drafting Negotiation Agreement 48

Levelset

APRIL 8, 2022

Insuring agreement. Regardless of the policy, the Insuring Agreement is the section that will outline all the insurance company’s responsibilities after a weather event or other covered peril causes damage to a roof or exterior siding, as examples. The Insuring Agreement will give you a detailed list of covered perils.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

Insuring agreement. Regardless of the policy, the Insuring Agreement is the section that will outline all the insurance company’s responsibilities after a weather event or other covered peril causes damage to a roof or exterior siding, as examples. The Insuring Agreement will give you a detailed list of covered perils.

Insurance 52

Insurance Claims Agreement Lien 52

Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” Depending on your state’s law, if you negotiate a check that is marked “paid in full” or even “final payment” then you are risking the fact that you may be settling any claims you have.

Claims 83

Claims Mississippi Legal Compensation 83

Pro Builder

JANUARY 4, 2022

NAHB strongly opposes the move and continues to urge the administration to negotiate a long-term agreement with Canada on softwood lumber. The latest challenge comes from a recent decision by the Commerce Department to move forward with its next administrative review to double tariffs on Canadian lumber shipments into the U.S.

NAHB 98

NAHB Housing News Michigan 98

NH Construction Law

FEBRUARY 25, 2023

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? All such contractual solutions depend on the leverage possessed by and the negotiation savvy of the parties to these arrangements. That puts the owner/borrower in a pickle. Very round.

Banking 40

Banking Inspections Construction Lien 40

NH Construction Law

OCTOBER 30, 2022

The usual legal requirements for a valid contract – offer, acceptance and consideration – can all be present in this type of LOI. The sticking point is usually the requirement of “a meeting of the minds about the contract’s terms: ‘each party must have the same understanding as to the terms of the agreement.’”

Contract 40

Contract Agreement Documentation Negotiation 40

Best Practices Construction Law

NOVEMBER 21, 2019

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. It is worth the effort to seek legal advice from an attorney in your jurisdiction about these issues prior to drafting and executing contracts with other parties.

Contract 77

Contract Subcontracting Drafting Virginia 77

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. A contract doesn’t have to be long and confusing to be effective, practically or legally. From project scope to warranty details, here are the basics of a simple but effective (and legal) contract for specialty trade work. .

Contractors 98

Contractors Contract Legal Change Orders 98

Best Practices Construction Law

JUNE 27, 2012

ENR journalist Johanna Knapschaefer wrote a good piece about " ConsensusDOCS Contract Library Takes to the Cloud, " where she described the real-time collaboration needed for contract negotiations. B132–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition.

AIA 48

AIA Contract Agreement Documentation 48

Pro Builder

JANUARY 4, 2022

NAHB strongly opposes the move and continues to urge the administration to negotiate a long-term agreement with Canada on softwood lumber. The latest challenge comes from a recent decision by the Commerce Department to move forward with its next administrative review to double tariffs on Canadian lumber shipments into the U.S.

NAHB 52

NAHB Housing News Michigan 52

Job Order Contracting

NOVEMBER 7, 2017

d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e., This proposal is subsequently evaluated, and agreement is reached on quantities, time, performance period, etc., through discussions and negotiations. d) Negotiations. (1)

Contract 100

Contract Management Negotiation Estimating 100

Best Practices Construction Law

JUNE 12, 2015

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. It is worth the effort to seek legal advice on these issues prior to drafting and executing contracts with other parties. In Universal Concrete Products Corp.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Best Practices Construction Law

NOVEMBER 6, 2019

the dispute involved the parties’ separate agreement wherein the contractor committed to pay the subcontractor for delay damages that were beyond the subcontractor’s reasonable control. In J&K Tile Company v. Wright & Morrisey, Inc. ,

Vermont 54

Vermont Lien Claims Negotiation 54

Best Practices Construction Law

DECEMBER 18, 2019

Under Massachusetts law (like most states), in order to prevail on a claim for fraudulent inducement, a plaintiff must allege a false representation, material to the negotiations, upon which the plaintiff reasonably relied in entering into an agreement with the defendant.

Lien 71

Lien Claims Massachusetts Contract 71

Job Order Contracting

MARCH 29, 2017

d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e., This proposal is subsequently evaluated, and agreement is reached on quantities, time, performance period, etc., through discussions and negotiations. d) Negotiations. (1)

Contract 100

Contract Office Negotiation Procurement 100

Constructlaw

JUNE 17, 2022

Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses. In other words, Weyerhaeuser and Dream Finders Homes entered a distribution agreement, a general terms agreement, stand-alone warranties, and invoices.

Colorado 52

Colorado Tennessee Claims Contract 52

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. ” In re Estate of Kelly , 130 N.H. 773, 781 (1988).

Contractors 40

Contractors Bargains New Hampshire Contract 40

Job Order Contracting

OCTOBER 18, 2016

The owner estimate or detailed analysis must be completed before receipt of the Contractor’s proposal and before negotiations take place. The owner estimate will be used to evaluate the reasonableness of the Contractor’s proposal and will serve as the owner’s pricing and quantity objective during negotiations.

Contract 100

Contract Procurement Negotiation Project Management 100

Construction Law Monitor

AUGUST 24, 2012

I recently found a good article on JDSupra.com , always a great source for solid legal content, regarding California Senate Bill 474. This new Bill, allows for subs to enter into subcontract agreements with general contractors and then after-the-fact afford the sub protections because the general contractor had a well written contract.

California 54

California Subcontracting Contract Legal 54

Best Practices Construction Law

SEPTEMBER 16, 2013

Additionally, parties may voluntarily submit to arbitration when they find they cannot resolve a dispute through negotiation. The demand letter serves as notice that the serving party wishes to exercise its legal right to arbitration. Once confirmed, the award has the same enforceability as a judgment rendered by the courts.

Legal 54

Legal Contract Agreement Organization 54

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40

Claims Agreement Illinois Subcontracting 40

Levelset

SEPTEMBER 6, 2022

An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. In light of the current legal environment, construction or repair contracts will require the naming of additional insureds. Further reading: 9 Common Types of Construction Insurance Policies. Your bottom line.

Insurance 52

Insurance Liability Construction Contract 52

Best Practices Construction Law

DECEMBER 6, 2013

The underlying dispute related to a subcontract agreement on a construction project located on Fort Hood in Texas. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement.

Virginia 48

Virginia Texas Construction Subcontracting 48

Constructlaw

DECEMBER 7, 2020

In relation to charter parties, the impact of the pandemic has given rise to a number of legal issues, and potential for disputes up the contractual chain depending on whether the provi­sions are back-to-back. Converteam SAS has held that under the New York Convention, only a party to a signed arbitration agreement can compel arbitration.

Claims 40

Claims Insurance Bankruptcy Legal 40

Best Practices Construction Law

SEPTEMBER 16, 2013

Additionally, parties may voluntarily submit to arbitration when they find they cannot resolve a dispute through negotiation. The demand letter serves as notice that the serving party wishes to exercise its legal right to arbitration. Once confirmed, the award has the same enforceability as a judgment rendered by the courts.

Legal 48

Legal Contract Agreement Organization 48

Job Order Contracting

FEBRUARY 20, 2018

The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. These negotiations must precede the JO award/approval and are not allowed on a Change Order basis. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE.

Contract 100

Contract Organization Change Orders Overhead 100

PSMJ Resources

MARCH 23, 2010

The biggest chunk of the separation agreement is a $900,000 transition payment. He will be reimbursed $20,000 for legal fees incurred with negotiation and review of the agreement. The company has signed nondisclosure agreements with potential suitors and can't say if negotiations are taking place or with whom, he wrote.

Agreement 40

Agreement Negotiation Tampa Consulting 40

Revit OpEd

DECEMBER 22, 2017

On December 15, 2017, Congressional Leaders announced that the conferees appointed by both the House and the Senate reached an agreement to reconcile differences between the House’s version of the Tax Cuts and Jobs Act (the “House Bill”) with the Senate’s version of the Tax Cuts and Jobs Act and unveiled the text of a final bill (the “Tax Bill”).

Employment 85

Employment Compensation Agreement Income 85

Buisness Facilities Contributed Content

DECEMBER 26, 2013

Peter Shumlin, Attorney General Bill Sorrell, and Bill Mohl, President of Entergy Wholesale Commodities, have announced a settlement agreement between the State and the owner and operator of the Vermont Yankee Nuclear Power Station, Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. Entergy VY).

Vermont 47

Vermont Site Agreement Permits 47

Construction Lawyer

MAY 2, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. All references to "Sabo & Zahn" refer to Sabo & Zahn LLC. Section 21.2,

Contract 40

Contract Illinois Legal Construction 40