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. Recently, a court in New York held that notice to an insurance broker was not the same as the contractually required notice to the insurance carrier.

Claims 48

Claims Change Orders Legal Schedule 48

Fieldwire

AUGUST 14, 2023

Retainage is up for negotiation Retainage is not set in stone. Every contract is negotiable, including what percentage is retained and for how long. BLOG How to Streamline Construction Processes from Planning to Payments Learn more → In addition, the same contract has a provision for negotiating variable retainage.

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. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability. Code § 2782; N.Y.

Liability 90

Liability Agreement Drafting Insurance 90

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. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability. Code § 2782; N.Y.

Liability 52

Liability Agreement Drafting Insurance 52

Construction Law

OCTOBER 3, 2022

Claims for extensions of time was the most common cause of disputes, reported by 50% of respondents. One of the few positive notes is struck by the fact that some 34% of disputes were settled by negotiation at senior management levels. Over 25% of respondents said they had been involved in at least one dispute in the previous year.

Industrial 52

Industrial Contract Consulting Negotiation 52

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. According to another, in the United States, there are pre­sently more than 1,250 pandemic insurance litigations.

Claims 40

Claims Insurance Bankruptcy Legal 40

Construction Lawyer

APRIL 3, 2012

Federal Court dismisses subs claim against GC because of arbitration provision. Because LaSalle was not in privity of contract with USACE, LaSalle needed VETS to sponsor its claim against them. As such, they agreed "cooperate with each other to complete the Projects and to prosecute all Claims made to [USACE]."

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Law Monitor

AUGUST 9, 2011

Liberty Mutual Insurance Company (“Sloan”), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Pass Through Claims and Liquidation Agreements , Constr.

Agreement 57

Agreement Contract Insurance Construction 57

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Insurance - Is critical to your construction company. Talk to an insurance agent that understands construction about your insurance needs.

Insurance 48

Insurance Construction Accounting Claims 48

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Insurance - Is critical to your construction company. Talk to an insurance agent that understands construction about your insurance needs.

Contractors 48

Contractors Insurance Claims Lien 48

Construction Law Monitor

APRIL 15, 2015

Currently, the company that provided bonding to Truland, XL Specialty Insurance Co., million because of claims from suppliers and subcontractors. For example, between 2002 and 2013, sureties have covered more than $13 billion in claims, which do not include additional claim expenses that also go in the billions.

Insurance 40

Insurance Bankruptcy Contract Claims 40

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Insurance - Is critical to your construction company. Talk to an insurance agent that understands construction about your insurance needs.

Construction 48

Construction Insurance Accounting Claims 48

Safety Services Company

MARCH 13, 2014

Name of their insurance company. • The insurance policy number. Name and number of insurance company contact. Speak with police – If the police or other law enforcement agent responds to the accident scene give them your account of what occurred and your driver’s license and insurance information. Telephone number.

Accidents 48

Accidents Injury Insurance Roads 48

Job Order Contracting

FEBRUARY 20, 2018

These negotiations must precede the JO award/approval and are not allowed on a Change Order basis. Insurance, fringe. 3) The Contractor will be required to stand behind his negotiated price quotation for a minimum period of 30 calendar days from the date of its acceptance by the ORGANIZATION NAME. Field Office Expense.

Contract 100

Contract Organization Change Orders Overhead 100

Construction Cost Estimating

MAY 12, 2015

Help in making valuations and claims and make sure that these are compliant with appropriate records. Knowledge for providing and acquiring Insurance, Bonds and Warranties. Excellent negotiation skills with both internal and external customers. Produce payment certificates for sub-contract work.

Cash Flow 40

Cash Flow Commercial Contract BIM 40

Construction Law Monitor

APRIL 15, 2015

Currently, the company that provided bonding to Truland, XL Specialty Insurance Co., million because of claims from suppliers and subcontractors. For example, between 2002 and 2013, sureties have covered more than $13 billion in claims, which do not include additional claim expenses that also go in the billions.

Insurance 40

Insurance Bankruptcy Contract Contractors 40

Help Everybody Everyday

MARCH 6, 2009

Attempts to make you indemnify the entire project or insure the upstream party for its own acts. “No damages for delay” clauses that remove your ability to claim actual damages for delay beyond your control and imposed by an upstream party. Final payment as a waiver of all claims. Deal Breakers.

Contract 48

Contract Claims Legal Lien 48

Revit OpEd

DECEMBER 22, 2017

Repeal of certain miscellaneous itemized deductions subject to the 2% floor: Under current law, employees may claim itemized deductions for certain miscellaneous expenses. Thus, under the provision, employees may not claim the above-listed items as itemized deductions for taxable years 2018 through 2025. Work-related education.

Employment 85

Employment Compensation Agreement Income 85

Construction Law Monitor

NOVEMBER 2, 2011

Here both parties need to negotiate terms to better protect when a dispute arises. There are a number of provisions which could be contained in a prime/subcontractor contract that need to raise a red flag when present and should be negotiated by either party so as to keep the contract from becoming one-sided. Indemnity Clauses.

Contract 56

Contract Change Orders Lien Contractors 56

CivilJungle

AUGUST 8, 2022

A deed represents the right of the owner to claim the property. Negotiate: Counteroffer and Then Hire an Appraiser. Homeowners insurance documentation. Homeowners insurance records. Deed of Land. A property deed is a legal document that transfers the ownership of real estate from a seller to a buyer. House Owner Document.

Documentation 52

Documentation Legal Certification Agreement 52

Construction Lawyer

MAY 2, 2012

" The final paragraph, § 21.4,  governed situations where the subcontractor asserts claims against the owner or architect. The fact that Saunders had no ability to negotiate the terms of the agreement was not sufficient to render it unconscionable under New York law. "  Section 21.4 Categories. arbitration.

Contract 40

Contract Illinois Legal Construction 40

Building Information Management

MARCH 7, 2012

As scopes of work are jointly developed, discussed, agreed upon and finalized, a JOC contract is much less likely to have claims, change orders, and disputes than other traditional delivery methods. Negotiation. relationship insuring that the alignment between the owner and contractor is well established. Negotiation.

Contract 49

Contract BIM Missouri Contractors 49

Construction Cost Estimating

MARCH 11, 2015

Once all is claimed and done, it’s not clear you may save enough cash to create it definitely worth the trouble, and also the contractor could refuse to pledge his installation on owner-supplied materials. Banks, Insurance agents, Surveyor, Engineers and Lawyer. Project Revision Fee 13. Zoning Fee 14. Re-Review Fees 16.

Estimating 40

Estimating Bidding Budgeting Budget 40

Building Information Management

APRIL 24, 2016

Labor costs will be reimbursed to the Contractor at the unit price rate multiplied by the Contractor negotiated coefficient(s). Taxes, insurance, fringe benefits, and vacation allowances are to be included in the Contractor’s coefficient. The Contractor may be reimbursed for Subcontractor at cost plus the negotiated coefficient.

Contract 40

Contract Contractors Materials Site 40

Buisness Facilities Contributed Content

APRIL 15, 2014

The exceptions are for financial institutions, financial institution groups, and insurance companies that have a maximum business privilege tax of $3,000,000. This credit can also be claimed against the insurance premium tax, the oil and gas production and property taxes, the fisheries business and landing taxes, and the mining license tax.

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

The program is capped at 10,000 new jobs being claimed each year by all participants; whereas a taxpayer is limited to a maximum of 400 new jobs per year. The credit provided to the investor totals 39 percent of the cost of the investment and is claimed over a seven-year period. time permanent jobs paying above average wages.

Income 75

Income Finance Zoning Equipment 75

Buisness Facilities Contributed Content

MARCH 9, 2016

A taxpayer who qualifies may claim either: a credit against income taxes or license tax may apply equal to 25% of the rehabilitation expenses. A negotiated FILOT could lower the assessment ratio from 10.5% This credit is to be taken in equal installments over 3 years beginning with the tax year in which the site is placed in service.

South Carolina 40

South Carolina Income Liability Leases 40

Constructlaw

MARCH 24, 2023

These cases address topics, ranging from required liability insurance to compensation for a landowner’s loss of quiet enjoyment of their property. For certain projects that require permanent encroachments, this amendment would effectively change how parties negotiate for access.

New York 52

New York Compensation Negotiation Liability 52

Building Information Management

JULY 27, 2016

design/negotiate/build). design/negotiate/build). 00 52 16 Agreement Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 62 16 Certificate of Insurance Form. Affidavit of Payment of Debts and Claims Form.

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

design/negotiate/build). design/negotiate/build). 00 52 16 Agreement Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 62 16 Certificate of Insurance Form. Affidavit of Payment of Debts and Claims Form.

Equipment 40

Equipment Construction Schedule Concrete 40