NH Construction Law

JUNE 26, 2023

The federal False Claims Act (FCA), 31 U.S.C. § imposes liability for knowingly making a false or fraudulent “claim,” or a false record or statement material to such a claim, in order to obtain funds from the federal government. § 3729 et seq., 31 U.S.C. § § 3729(b)(2). 31 U.S.C. §

Claims 40

Claims United States Liability Materials 40

NH Construction Law

JANUARY 30, 2022

When a contractor or subcontractor is sued for defective workmanship, one of his first thoughts is likely to be whether the damages are covered by his liability insurance. ”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed. Many professional liability policies have them.

Insurance 40

Insurance Liability Defense New Hampshire 40

Constructlaw

JULY 12, 2022

Days later, 360 filed suit for specific performance; breach of contract resulting in at least $1 million in damages, including damage to its reputation with investors; and undue enrichment for the rezoning, approximately $1.5 DonRob counterclaimed for breach of contract. million in Site improvements and other work.

Contract 52

Contract Liability Agreement Georgia 52

NH Construction Law

AUGUST 21, 2022

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability.

Liability 40

Liability Contract AIA Contractors 40

ENR Construction

MAY 20, 2022

Firm's status as former TVA contractor extends no immunity for claimed illnesses caused by site cleanup work, judge said; Jacobs also announces new cleanup support contract at Japan's damaged Fukushima nuclear power plant

Liability 69

Liability Claims Contract Site 69

ENR Construction

FEBRUARY 11, 2021

Turner & Townsend analysis of industry responses say owners are picking up "majority" of liability, but one-third claim project contracts can't properly address pandemic effects; issues raised as U.K. construction growth fell 12.5% last year.

Liability 36

Liability Consulting Claims Contract 36

ENR Construction

FEBRUARY 11, 2021

Global respondents in Turner & Townsend study say owners are picking up "majority" of liability, but one-third claim project contracts are not set up to properly address pandemic effects.

Liability 36

Liability Consulting Claims Contract 36

Best Practices Construction Law

JUNE 21, 2022

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to COVID-19. APTIM Federal Services, LLC (ASBCA No.

Contract 62

Contract Contractors Compensation Site 62

ENR Construction

MAY 20, 2022

Firm's status as former TVA contractor does not extend immunity for claimed illnesses caused by site work, judge's ruling said; firm also announces new cleanup support contract at Japan's damaged Fukushima nuclear power plant

Liability 69

Liability Claims Contract Site 69

Construction Dive

JANUARY 29, 2014

By Scott Turner A state supreme court has ruled that the standard commercial general liability (CGL) policy Contractual Liability Exclusion does not apply to bar ordinary breach-of-contract claims over a policyholder’s defective construction work. Read more.'

Liability 48

Liability Claims Contract Commercial 48

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Such an occurrence could threaten the existence of your contracting business.

Insurance 98

Insurance Liability Claims Injury 98

ENR Construction

MAY 20, 2022

Ruling says firm's status as former TVA contractor doesn't extend liability coverage from suits seeking millions for claimed illnesses caused by site work; meanwhile, Jacobs gains new contract to support cleanup and demolition of tsunami-damaged reactors at Japan's Fukushima nuke plant

Liability 68

Liability Claims Contract Site 68

Construction Law

JUNE 5, 2023

The legally binding Developer Remediation Contract (DRC) has been offered to developers to sign by the government, committing them to reimburse money spent from public funds to make some of their buildings safe. Issues that will arise will concern limitation, liability caps, insurance and insolvent parties.

Contract 52

Contract Safety Liability Insurance 52

NH Construction Law

NOVEMBER 30, 2020

in the United States District Court for any district in which the contract was to be performed and executed.” Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. What if the parties’ contract calls for arbitration?

Claims 40

Claims Subcontracting United States Contract 40

Construction Marketing

JULY 11, 2022

If you learn that you need to purchase a surety bond to work as a contractor or to enter into a contract to perform work on a project, here is some information you should know about surety bonds and how they work for contractors. The second category of bonds you will likely encounter as a contractor is contract bonds. Bond Types.

Contractors 156

Contractors Legal Bidding Contract 156

Levelset

SEPTEMBER 19, 2022

Third-party insurance , also known as liability or casualty insurance, protects insured individuals or businesses in situations where they may be liable for damages to another person or business — the third party. The roofer’s general liability insurance covers claims related to injuries related to the customer’s fall.

Insurance 52

Insurance Liability Compensation Claims 52

Construction Enquirer

JUNE 27, 2023

An update on the administration filed at Companies House said the firm was sunk by a combination of rising materials costs, project delays and defect liability claims. In its forecast for this year Howard Russell was predicting a turnover of up to £80m based on a rising number of negotiated contracts.

Debt 72

Debt Negotiation Liability Forecasting 72

Construction Dive

AUGUST 6, 2014

By Bruce Jervis Design professionals have long sought to control their liability exposure. The argument has been that their potential liability is disproportionate to the compensation they receive and the role they play on a construction project. They have received a sympathetic hearing in some quarters.

Liability 55

Liability Compensation California Claims 55

Best Practices Construction Law

SEPTEMBER 5, 2018

Many times, the parties’ contract will dictate whether the contractor can recover delay damages or will be limited to a time extension for delays beyond the contractor’s reasonable control. The general contractor in McLeod filed a malpractice action against the architect on a public contract for the City of Miami. In Perez-Gurri v.

Claims 54

Claims Miami Contract Liability 54

Construction Dive

JANUARY 2, 2014

By Bruce Jervis A primary purpose of a limited liability company, much like a corporation, is to shield company owners from personal liability for business losses. When the company enters into a contract, the company’s assets are at risk. It is also crucial to avoid comingling of company and personal funds or other assets.

Liability 52

Liability Risk Claims Contract 52

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. involved an IDIQ contract for renovation work at Langley Air Force Base. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R.

Agreement 52

Agreement Claims Contract United States 52

Best Practices Construction Law

MAY 18, 2018

on safety policies, OSHA and regulatory compliance, contracts, disputes, and all areas where law and construction intersect. “To Safe projects are more likely to be profitable projects due to lack of delays and prevention of claims for jobsite injuries. The Group counsels clients throughout the U.S.

Accidents 48

Accidents Liability Safety Florida 48

Levelset

SEPTEMBER 30, 2022

There are many policies that apply to a carpenter, but a simple business owner’s policy can include property damage and liability coverage. If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . Does a carpenter need insurance?

Insurance 52

Insurance Liability Accidents Injury 52

Green Building Law Update

JANUARY 19, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Liability 156

Liability Leases Defense Commercial 156

Constructlaw

NOVEMBER 22, 2022

The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment. The designer, which had specified the wrong type of turbine, invoked New York’s three-year statute of limitations to defeat the owner’s professional negligence claim. Click here to view full opinion as PDF.

New York 52

New York Risk Claims Liability 52

NH Construction Law

JULY 26, 2020

“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” When the subcontractor installed the expansion joints in the steam boiler and related piping backwards, the heating system got damaged.

Insurance 40

Insurance Liability Accidents Michigan 40

Levelset

SEPTEMBER 6, 2022

In short, an additional insured is typically another business entity or person who can be added to your business policy, securing the same liability protection that you do. There are several related terms that are commonly confused in insurance policies and construction contracts. Though not common, large and complex claims do occur.

Insurance 52

Insurance Liability Construction Contract 52

Green Building Law Update

AUGUST 30, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Site 156

Site Liability Leases Defense 156

Green Building Law Update

JUNE 30, 2019

The complaint avers multiple causes of action from breach of contract to fraudulent misrepresentation and negligent misrepresentation to violation of the Maryland Consumer Protection Act. However, maybe tellingly, no contracts are attached to the complaint? The case is Jeremy Simons et ux, et al v.

Maryland 120

Maryland Housing Claims Green 120

Construction Dive

NOVEMBER 6, 2013

By Bruce Jervis There are many legitimate reasons for contractors to submit claims for increased compensation. Construction contracts, which essentially allocate risks and responsibilities between project owners and constructors, spell out the circumstances under which the contractor may be entitled to additional time or money.

Claims 54

Claims Wisconsin Compensation Liability 54

Levelset

OCTOBER 13, 2022

Construction contracts often require that each hired specialty contractor maintain a minimum level of insurance coverage, and a COI will reflect that status. If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. There are a few parties that might require a COI from your contracting business.

Insurance 52

Insurance Certification Contractors Liability 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Levelset

SEPTEMBER 23, 2022

If a sub accidentally drops a steel beam on the project manager’s new sports car, that subcontractor’s liability insurance policy would likely cover the damage. However, the types of policies and their limits (the maximum amount claims can pay out) are limited. General liability insurance. Subcontractor default insurance.

Insurance 52

Insurance Liability Accidents Risk 52

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Economic losses flowing from fraud related to such a contract are not recoverable.

Colorado 52

Colorado Tennessee Claims Contract 52

Constructlaw

APRIL 20, 2023

FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). In response, FE&C advanced a creative theory of liability — “FE&C is not bringing a private right of action under the federal Prompt Payment Act, but is instead seeking enforcement of a contractual penalty.”

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Levelset

SEPTEMBER 16, 2022

It is sold as an extension to your general liability insurance policy and may be required by the state you work in or the project owner. Completed operations coverage is bundled with a contractor’s general liability policy. Completed operations covers liability from work that is already completed (i.e., not in progress).

Insurance 52

Insurance Liability Claims Contractors 52

Job Order Contracting

AUGUST 31, 2021

Traditional contracting methods typically involve the non-owner participants tendering a lump-sum price based on the owner’s proposed allocation of responsibilities and risks. The over-riding goal of most contractor becomes minimizing the cost of performing the agreed scope or activity and maximizing profit.

Construction 124

Construction Procurement Liability Contract 124