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

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.

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Documentation Planswift ProCore Claims 74

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

MAY 1, 2012

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 Legal Honolulu AGC 48

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?

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Claims Change Orders Legal Schedule 48

Lets Build

MAY 5, 2022

For construction companies, it can also significantly increase profitability and maximise legal compliance. How often have you cursed your company’s filing systems while hunting fruitlessly through online directories or paper filing systems in search of a document? Documentation is accessible anywhere, any time.

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Inspections Software Software Documentation 148

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

Levelset

MAY 20, 2022

The federal government (and most states) explicitly prohibits private entities from claiming an interest in public property. If payment problems come up, contractors file claims against this payment bond , not the property itself. Texas bond claim law. Instead, Texas bond claims are made on a recurring, monthly basis.

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Texas Claims Contract Legal 52

Best Practices Construction Law

MARCH 20, 2020

You can download a complimentary copy here: Best Practices – COVID19 and Construction Claims , but please do me a favor and subscribe to the blog on the sidebar to the right. Just enter your email, and you will receive regular updates.

Contractors 124

Contractors Claims Legal Mobility 124

Levelset

MAY 18, 2022

The federal government — along with many states — prohibits private entities from claiming an interest in public property, making it necessary for public construction projects to secure a payment bond prior to work beginning. In the event of payment problems, contractors file claims against the bond rather than the property itself.

Louisiana 52

Louisiana Claims Contractors Legal 52

Autodesk Construction Cloud

JANUARY 7, 2023

4 Ways to Take Field Reports to the Next Level Since ancient times, humans have relied on documentation to track progress, illuminate discoveries and provide information to others. These routine reports are an essential process in construction, especially as it is an industry that relies so heavily on documentation.

Documentation 52

Documentation Construction Legal Mobility 52

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.”. Medical expenses, property damage, and legal defense costs can grow quickly. Cyber insurance.

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Insurance Liability Claims Injury 98

Green Building Law Update

NOVEMBER 5, 2017

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. Legal scholars can have at it. And the dollar amount of those claims is increasing.

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Green Contract Documentation Claims 120

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

Levelset

MAY 11, 2022

Generally, companies aren’t able to file mechanics liens on public projects unlike with private projects, as the federal government — and many states — prohibit private entities from claiming an interest in public property. New York bond claims. Learn more: New York Bond Claim Guide and FAQs. times the amount owed. Matt Viator.

New York 52

New York Claims New York City Lien 52

Levelset

MAY 25, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as the federal government (and most states) explicitly prohibits private entities from claiming an interest in public property. If payment problems come up, contractors file claims against this payment bond — not the property itself.

California 52

California Claims Lien Contractors 52

Levelset

MAY 16, 2022

The federal government — along with many states — prohibits private entities from claiming an interest in public property. If there’s a problem with slow payment or nonpayment, contractors file payment claims against the bond rather than foreclosing on public property. Florida bond claims. How to file a bond claim in Florida.

Florida 52

Florida Claims Lien Contract 52

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.

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Compensation Lien Claims North Carolina 97

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

Levelset

JULY 9, 2022

In the event of a payment dispute, contractors file claims against the payment bond instead of against the property itself. Georgia bond claim laws. However, it’s important to note that the Notice of Commencement has specific legal consequences for a lot of people working on a project. Working nearby?

Georgia 52

Georgia Claims Lien Contract 52

Lets Build

APRIL 21, 2022

This means that all of your documents, information, and processes will be accessible to you at all times. With a construction management software program, you’ll be able to store relevant documents in one place and organize them using searchable tags. Minimized risk of legal claims.

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Software Software Management Construction 148

Levelset

MARCH 31, 2022

In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. In general, there are four parties involved in a restoration project: Property owner Insurance company Claims adjuster Contractor. Be clear about rights & responsibilities.

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Insurance Deals Contractors Claims 93

FDR Safety

MARCH 19, 2020

Responding to all document and other information requests by the OSHA inspector. Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights.

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OSHA Inspections Conference Employment 156

Levelset

JULY 7, 2022

In the event of a payment dispute, contractors file claims against the payment bond instead of against the property itself. Oregon bond claim laws. The main type of payment protection on Oregon public projects is the bond claim. The scope of who is able to file a claim is fairly wide, too. Working nearby?

Oregon 52

Oregon Claims Contract Contractors 52

Construction Law Monitor

JANUARY 19, 2011

When an employee is terminated and claims unemployment benefits in Louisiana, the claim is associated with your business’ account and will affect your unemployment insurance rates in the future. In Louisiana, unemployment claims are administered by the Louisiana Workforce Commission. Read the Avvo Legal Guide here.

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Claims Louisiana Commissioning Legal 44

Best Practices Construction Law

JULY 10, 2022

Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. Applying New Jersey law, the court held: The controlling documents are the Loan Commitment and the Loan Agreement. in BCD Associates.,

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Contractors Agreement Banking AIA 62

Best Practices Construction Law

OCTOBER 8, 2020

Notice of Claims. The plaintiff claimed that GDOT’s improper maintenance of the roadway led to an accumulation of water, which caused his truck to hydroplane into a tree, severely injuring him. Postal Service tracking document showing that “something was sent by certified mail to the Department of Administrative Services.

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Green Georgia Claims Transportation 77

Levelset

OCTOBER 13, 2022

If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. A COI may include a waiver of subrogation endorsement that basically asks your insurance company to pay an insurance claim, while giving up the ability to recover (or subrogate) damages from the party that actually caused the problem.

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Insurance Certification Contractors Liability 52

Construction Dive

DECEMBER 10, 2015

By Bruce Jervis The legal standard for a successful differing site condition claim is stated in a variety of ways. At its most fundamental level, however, it comes down to two questions:What representations did the contract documents make regarding physical site conditions?Was

Site 48

Site Contractors Claims Documentation 48

Levelset

JUNE 3, 2022

When a loss occurs that will exceed the deductible and copay, the contractor submits a notice of claim to the insurance company. The insurer starts a claim on their end and assigns a claim professional. The contractor submits a detailed, sworn proof of loss with supporting documents. On-demand legal help you can afford.

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Insurance Cash Flow Claims Contractors 52

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Voluminous evidence and documents.

Construction 52

Construction Claims Contractors US 52

Best Practices Construction Law

SEPTEMBER 4, 2014

My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. This is often the starting point for reviewing a claim and the key to a successful analysis of issues. If not, why not?

Compensation 54

Compensation Claims Change Orders Legal 54

Viewpoint Construction Technology

JUNE 3, 2019

Lack of information, errors with materials or equipment, missing documentation and much more can bring work to a grinding halt. Technical and Legal and Compliance Issues. The right platform will open access and insight to project documents , reporting requests, maintenance information, manuals, workflow processes and other records.

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Risk Software Software Construction 130

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

GCP Applied Technologies

SEPTEMBER 14, 2020

They are overwhelming, long to read, and the legal jargon seems like another language. Product compatibility is an issue that leads to material warranty claims. Again, it is most important to not focus on what is in the warranty document, but the proven track record of the products themselves. Using Multiple Manufacturers.

Residential 148

Residential Materials Products Claims 148

Best Practices Construction Law

MARCH 17, 2016

Given the legal risks involved with your superintendents, project managers and other employees, you should should be adequately prepared. If you haven’t revisited your cell phone and computer use policies recently—or don’t have any—below are some major issues to consider: Claims, claims, claims. Image: Scott Lewis.

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Legal Claims Employment Accidents 48