Best Practices Construction Law

NOVEMBER 22, 2019

Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. No matter the size of the project, proper documentation will eliminate a number of disputes.

Claims 62

Claims Documentation Contract Change Orders 62

Job Order Contracting

APRIL 21, 2022

JOC Construction RFP Planning and Procurement – Program Contract Organization, Documents/Bid Packages/Forms/Checklists/Approvals, Roles in Construction Projects, and Contractor Selection. Claims and Disputes. JOC Program Planning – Tools and Services Evaluation and Selection (Unit Price Book, Services, Technology).

Bidding 248

Bidding Procurement Claims Roads 248

CivilJungle

AUGUST 8, 2022

Legal Documents Required for Purchase of Property. But we must avoid the problem and legal situation by checking the documents required for buying property. The below documents are necessary for the purchase of property: 1. The kata simulates the account , and documents are essential when conducting land from one to another.

Documentation 52

Documentation Legal Certification Agreement 52

Construction Business Owner

AUGUST 9, 2019

Architects and engineers (A/Es) regularly prepare the contract documents for projects, starting with the contract between the A/E and the owner and following with the contract documents between the owner and the prime contractor.

Documentation 235

Documentation Contract Claims Engineering 235

Best Practices Construction Law

AUGUST 11, 2017

Believe it or not, there are always a wealth of emails and other documents produced in litigation that help “make the case” for the other side. We also need to consult the claims team to determine how late we really are. ” Best Practices advises that you should have a written document management policy in place.

Documentation 74

Documentation Planswift ProCore Claims 74

Construction Marketing

SEPTEMBER 24, 2015

This article outlines three important documents that you’ll need in order to start and run a profitable business. Something as simple as a customer tripping over a hammer and hurting themselves could result in an accident claim – and without insurance, you could end up facing hefty fines and legal battles. Legal Documents.

Documentation 120

Documentation Insurance Legal Liability 120

Best Practices Construction Law

NOVEMBER 25, 2019

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. The contractor argued that the owner failed to comply with the notice provision when making its claim for liquidated damages.

Claims 71

Claims Oklahoma Contract Contractors 71

Best Practices Construction Law

NOVEMBER 18, 2019

of Maryland, the United States District Court of Maryland address whether a Miller Act claimant can give valid notice of a claim via email. The payment bond claimant was a sub-subcontractor who filed a claim because the subcontractor failed to make timely payment. The Email as Notice of Claim. Fidelity and Deposit Co.

Claims 54

Claims Contractors Maryland United States 54

Construction Cost Estimating

MAY 17, 2018

If it is required to develop a new building or refurbish surviving property, the owner should have arranged a document so that the work & other portions of the construction project can be performed systematically. Each construction project should comprise of crucial documents that generally form the part of every construction contract.

Documentation 40

Documentation Construction Drawings Contract 40

Best Practices Construction Law

OCTOBER 13, 2016

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. If you correct any logic flaws found in the schedule, make sure to document and explain the changes at the time they are made.

Claims 76

Claims Compensation Schedule Guidelines 76

Best Practices Construction Law

AUGUST 25, 2016

I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives. Schedules , including the as-planned and updates.

Claims 48

Claims DOT Compensation Documentation 48

Construction Dive

JUNE 22, 2017

By Jim Zack Construction claims are becoming increasingly prevalent and expensive. The article reviews such possible aspects of project communication as partnering, pre-construction audits, delegation, project trending, document trail, use of technology, log and schedule submittals and more. Bad news delivered late is a disaster!

Claims 48

Claims Liability Construction Schedule 48

Construction Marketing

JULY 11, 2022

The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. If a bond claim is filed because of your legal or ethical violations, you will be liable for paying the surety up to the maximum bond amount. The Bonding Process. Your company’s available working capital.

Contractors 156

Contractors Legal Bidding Contract 156

Best Practices Construction Law

NOVEMBER 4, 2015

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. Assess other pertinent documents. If not, why not?

Claims 48

Claims Change Orders Legal Schedule 48

Construction Equipment

SEPTEMBER 2, 2015

A court ordered Navistar to turn over a second set of documents to the Securities and Exchange Commission (SEC), reports the Chicago Tribune.

Documentation 48

Documentation Commissioning Chicago Security 48

Construction Dive

NOVEMBER 4, 2012

By Bruce Jervis A contractor claiming entitlement to construction costs will of course be asked to prove those costs. But does proof require hard documentation of each and every actual expenditure? The contractor was not required to support each alleged expenditure with an invoice or other payment documentation.

Documentation 48

Documentation Claims Utah Insurance 48

Best Practices Construction Law

OCTOBER 13, 2016

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. If you correct any logic flaws found in the schedule, make sure to document and explain the changes at the time they are made.

Claims 48

Claims Compensation Schedule Guidelines 48

Natural Building

MAY 2, 2020

This recent article at insideclimatenews.org titled Inside Clean Energy: 6 Things Michael Moore’s ‘Planet of the Humans’ Gets Wrong , written by Dan Gearino claims that t he documentary’s “facts” are deceptive and misleading and way out of date. First, the power lines can be used to export any excess electricity.

Claims 40

Claims Life Cycle Electrical United States 40

Construction Dive

MARCH 26, 2014

By Bruce Jervis Project owners do not want to be surprised with claims for additional work at the conclusion of a project. The extra work clause required a cost breakdown and supporting documentation within five business days of completing the work. An example is found in a subcontract on a recent private project in Ohio.

Claims 51

Claims Subcontracting Ohio Contract 51

Construction Dive

FEBRUARY 12, 2015

Most often, a disputed change order request or claim for extra costs on a construction project will require one or more negotiation sessions between the contractor and owner to arrive at the final cost and time impact. Negotiation offers the last and best opportunity to settle a dispute without resorting to arbitration or litigations.

Negotiation 48

Negotiation Claims Change Orders Agreement 48

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

Lien 71

Lien Claims Massachusetts Contract 71

Best Practices Construction Law

JULY 3, 2013

What do you think causes construction claims and disputes? When a problem faced by one party in the construction process is ignored or recognized late, the problem may escalate into disputes and claims. Disputes and claims are detrimental to all parties. Causes Associated with the Contract Documents. Unbalanced bidding.

Claims 54

Claims Bidding Construction Contract 54

Best Practices Construction Law

SEPTEMBER 25, 2020

And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. for breach of contract for nonpayment, claims for delay damages and enforcement of its lien rights. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

Best Practices Construction Law

SEPTEMBER 30, 2014

You can learn best practices for documentation and record management in this 90-minute webinar — From Paper to Paperless: Controlling Construction Documentation, Improving Record Management and Identifying Risk in an Electronic Age. This course will explore: Why are proper records so essential for claims and disputes?

Documentation 48

Documentation Risk Management Legal 48

Construction Superintendent Magazine

NOVEMBER 17, 2015

The American Institute of Architects launched new contract documents. This agreement contains basic business terms related to copyrights and licenses, claims and disputes, termination or suspension and compensation.

Documentation 40

Documentation Contract AIA Agreement 40

Best Practices Construction Law

JUNE 29, 2012

Last month, I wrote a post about using daily reports to support a construction claim. J udge Reed's talk focused on the alternative dispute resolution process and, more specifically, " the practical side of developing the contractor’s story in support of a claim."

Claims 48

Claims Documentation Contract Construction 48

Construction Dive

OCTOBER 2, 2013

By Bruce Jervis Construction contracts sometimes establish one party to the agreement as the sole arbiter of all claims or disputes under the contract. It is common for an employee or agent of one party, usually the project owner, to serve as the initial gatekeeper of claims. Project engineers on public projects play a similar role.

Claims 55

Claims Contract Agreement Documentation 55

Construction Dive

FEBRUARY 27, 2013

By Bruce Jervis The document-intense nature of construction contracting places a burden on busy personnel. Few industries use as many “standard” contract documents. All documents are subject to modification. Page after page of material accompanies every transaction. But are they really standard?

Documentation 48

Documentation Claims Contract Deals 48

Construction Dive

NOVEMBER 26, 2019

The construction consortium claims that the NY State Thruway Authority is dragging its feet on providing documents that show the drastic change orders made during construction of the new Governor Mario M. Cuomo Bridge.

Change Orders 91

Change Orders New York Claims Documentation 91

Best Practices Construction Law

MAY 21, 2013

I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives. Schedules , including the as-planned and updates. Image: Tanzer18.

Claims 48

Claims DOT Construction Compensation 48

Pro Builder

SEPTEMBER 20, 2021

Some home selling and lending services like Compass, Zillow, and LoanSnap claim their artificial intelligence (AI) tools can search through millions of documents in seconds to find the right property for buyers and match the perfect loan type to borrowers. How is Artificial Intelligence Helping Home Buyers? Mon, 09/20/2021 - 11:22.

San Francisco 104

San Francisco Claims Debt Documentation 104

Construction Marketing Ideas

NOVEMBER 28, 2015

Site documentation images required hours of effort to manage and co-ordinate. Others such as Michael Stone have argued about the advantages of solid image documentation of your work projects. More immediately, the on-site documentation can help prevent conflicts and inconsistencies or at least help manage and control problems.

Documentation 48

Documentation Claims Management Nebraska 48

Constructlaw

NOVEMBER 2, 2022

The Texas Court of Appeals recently affirmed a ruling, granting the city of Conroe governmental immunity from a contractor’s lawsuit, asserting claims for breach of contract and violation of the Texas Public Prompt Pay Act. LEXIS 4824, 2022 WL 2720451 (Tex. July 14, 2022). The city awarded Triple B Services, LLP a $4.7

Texas 52

Texas Change Orders Claims Contract 52

Construction Business Owner

JUNE 30, 2014

Contributing factors might include a missed closeout or handover deadlines, incomplete handover documentation or the inability to collect final payment on time. In the worst cases, disputes arise, claims are filed and reputations are damaged. Additional challenges contractors face can include:'

Management 166

Management Claims Documentation Contractors 166

Levelset

JUNE 3, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as both the federal and state governments explicitly prohibit private entities from claiming an interest in public property. Washington State bond claim laws. If payment isn’t received, the next step is the bond claim itself.

Washington 52

Washington Claims Lien Contract 52

Best Practices Construction Law

JANUARY 8, 2015

2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project. The government filed a counter-claim alleging fraud and other violations.

Claims 48

Claims Transportation Contractors Memphis 48

Levelset

JUNE 16, 2022

In the event of a payment dispute, contractors file claims against the payment bond instead of against the property itself. New Jersey bond claim laws & liens on contract funds. Ensuring rights on these claims requires preliminary notice to be sent. The same information applies to lien on contract funds claims.

New Jersey 52

New Jersey Lien Claims Contract 52