Pro Builder

AUGUST 18, 2021

But recent court decisions have provided legal support, Blue added, including one ruling upholding a Texas hospital's mandate. Workers who are part of a union may be subject to an employment agreement or collective bargaining agreement that impacts the situation, Conrad Kennedy said. Equal Employment Opportunity Commission.

Employment 98

Employment Bargains Agreement Indiana 98

Construction Marketing

JANUARY 25, 2023

This can be done through a purchase or lease agreement. The success of a commercial real estate development project depends on many factors, including the ability to secure financing, navigate the legal process, and manage risks. Commercial real estate development also involves a significant amount of risk management.

Commercial 210

Commercial Leases Regulation Finance 210

Green Building Law Update

AUGUST 16, 2020

That language accomplishes next to nothing for the seller or buyer and may only serve to mitigate risk for the real estate brokers. You understand and agree that this is a lease and not a sale agreement. The Company owns the solar panel system for all purposes. Selling a house with solar panels is fraught with peril.

Housing 207

Housing Leases Residential Contract 207

Construction Marketing Ideas

MARCH 11, 2016

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

Best Practices Construction Law

SEPTEMBER 29, 2020

But I have 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. In Triangle Construction Co.

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Job Order Contracting

FEBRUARY 20, 2021

The errors and poor processes result in change orders, project delays, and legal disputes. It is defined within and Lean environment government by a long-term multi-party agreement and associated written Operations Manual / Execution Guide. 10% are due to equipment and/or materials delays, most off which could have been foreseen.

Schedule 163

Schedule Management Procurement Construction 163

Construction Law Monitor

OCTOBER 13, 2010

The unavoidable marriage between the green and construction industries is why our construction law practice has paid very close attention to green legal issues. The first ever conference focusing on the green industry’s legal issues is taking place this week in New Orleans, LA, Green Legal Matters.

Legal 58

Legal Green Conference Louisiana 58

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. Confidentiality agreements. What Is a Restrictive Covenant? Three Most Common Types . Covenants not to compete .

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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.

Liability 90

Liability Agreement Drafting Insurance 90

Best Practices Construction Law

NOVEMBER 21, 2019

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. In Universal Concrete Products Corp.

Contract 77

Contract Subcontracting Drafting Virginia 77

Fieldwire

AUGUST 14, 2023

The practice dates back to the 1840s, dreamed up as a measure to reduce the owner’s risk and ensure that the project is fully completed according to the job specifications. It is governed by the contract, which means it’s part of the agreement between two parties. Retainage is up for negotiation Retainage is not set in stone.

Contractors 98

Contractors Cash Flow Lien Negotiation 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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.

Liability 52

Liability Agreement Drafting Insurance 52

Autodesk Construction Cloud

FEBRUARY 13, 2023

In the UK, the water industry announced its commitment to a carbon zero future by 2030, which is decades before the government’s legally binding target of 2050. There are often various safety requirements and legislative agreements the @One Alliance team must follow. This can also be accompanied by several layers of approvals.

BIM 98

BIM Risk Environment Accounting 98

BD+C

AUGUST 28, 2023

Navigating Complex Owner-Contractor Relationships It is always pertinent to follow the guidelines set forth in the contract, but when the owner and contractor are the same legal entity, it becomes even more crucial to understand the contract. Our AIA agreement outlines the appropriate procedures and processes for change orders.

Construction 81

Construction AIA Architecture Contractors 81

Levelset

APRIL 15, 2022

An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. A property owner and contractor can set up an assignment of benefits in two steps: The owner and the contractor sign an AOB agreement The contractor sends the AOB to the insurance company. The AOB agreements need to be in writing.

Insurance 52

Insurance Contractors Lien Claims 52

Levelset

SEPTEMBER 23, 2022

General contractors know these risks when they take the role. At their core, insurance policies are agreements between two parties: the insurer and the policyholder. However, with the amount of risk involved in a standard construction project, general contractors typically need to hold multiple policies.

Insurance 52

Insurance Liability Accidents Risk 52

Best Practices Construction Law

JUNE 15, 2022

shifting the risk of nonpayment … “Payment from the Owner to the Contractor is a condition precedent to payment from the Contractor to the Subcontractor.”). Generally, most states that have addressed the issue allow “pay if paid” clauses so long as there is clear and unambiguous language shifting the risk of non-payment to the subcontractor.

Virginia 118

Virginia Contract Lien Construction 118

Levelset

APRIL 8, 2022

Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects. Insuring agreement. Some policies have broader coverage than others, and you can plainly see each named peril in the Insuring Agreement.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects. . Insuring agreement. Some policies have broader coverage than others, and you can plainly see each named peril in the Insuring Agreement.

Insurance 52

Insurance Claims Agreement Lien 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Levelset

JUNE 3, 2022

Once the policy has been purchased, the insurance company helps the contractor mitigate risks by improving their processes. When a loss occurs, the contractor is responsible for the deductible and any insurance copays, as per their policy agreement. On-demand legal help you can afford. Subcontractor default insurance.

Insurance 52

Insurance Cash Flow Claims Contractors 52

Green Building Law Update

DECEMBER 12, 2021

Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. There would have to be some agreement, that does not exist today of what it means to be net zero (e.g., The more likely and larger risk is certainly to reputation. Register today for the live virtual program.

Risk 156

Risk Claims Legal Agreement 156

Pro Builder

NOVEMBER 18, 2022

Each community and asset in your portfolio requires diligence, legal paperwork, and closing documents. Providing potential buyers with a complete understanding of the opportunities, risks, and upsides for each community in your portfolio pays off in the long run. In this sense, the seller controls the timeline. Diligence and Closing.

Deals 52

Deals Bidding Agreement Cash Flow 52

Construction Lawyer

MAY 13, 2009

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. In other words, you use the stuff we post here at your own risk. A Legally Inclined Weblog. >.

Risk 40

Risk Design Illinois AIA 40

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

Best Practices Construction Law

JUNE 12, 2015

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. In Universal Concrete Products Corp.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

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? That puts the owner/borrower in a pickle. Don’t count on it. In Coachman Estates of Barrington, LLC v. REI Service Corporation , No.

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

Autodesk Construction Cloud

NOVEMBER 16, 2022

Getting your legal ducks in a row is paramount in construction, which is why it is important to have robust contract management workflows. . Moreover, poor contract workflows make it difficult for legal teams to audit projects, which can introduce all sorts of risks and liabilities. . DocuSign . Dropbox Sign .

Autodesk 105

Autodesk Construction Contract Documentation 105

Levelset

APRIL 28, 2022

While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC. SDI helps general contractors cover the expenses that are incurred when a subcontractor fails to perform according to the terms of their agreement. On-demand legal help you can afford.

Insurance 52

Insurance Contractors Claims ABC 52

Constructlaw

FEBRUARY 7, 2023

Fire broke out, resulting in a loss that was paid by the owner’s builder’s risk insurance. The builder’s risk carriers — subrogated to the rights of the owner — then sued the prime contractor, its subcontractor, and sub-subcontractor for negligence. This case involved the restoration of an old building in New Orleans.

Louisiana 52

Louisiana AIA Insurance Contract 52

PSMJ Resources

SEPTEMBER 12, 2011

Good Project Management is Good Risk Management. Most risks are foreseeable and responsive to thoughtful project management. • Risk reduction by any means is usually superior to any management scheme. • Clearly written agreements are essential. Managing Risk in Public Works. Breakthough 2012.

Project Management 40

Project Management Risk Resource Management 40

Constructlaw

JUNE 17, 2022

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.

Colorado 52

Colorado Tennessee Claims Contract 52

Construction Lawyer

DECEMBER 28, 2007

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. In other words, you use the stuff we post here at your own risk. A Legally Inclined Weblog. >.

Agreement 40

Agreement Illinois AIA Chicago 40

Best Practices Construction Law

JUNE 27, 2012

I posted about the new technology by ConsensusDOCS that offered around the clock access, easy editing, easy collaboration, ability to convert, compare and track changes, as well as new legal commentary and user guides. B132–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition.

AIA 48

AIA Contract Agreement Documentation 48

Lets Build

JUNE 6, 2017

There is a number of parameters that you should think about and an efficient management of the risk is surely necessary. In other words, you can’t really define risk on the exact same way in every construction project. Even within the same project, there may be distinct sources of risk. Types of risk in construction.

Risk 165

Risk Management Construction Legal 165

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. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D.

Contractors 40

Contractors Bargains New Hampshire Contract 40