Professional Constructor Central

#74: Disclaiming Implied Warranties: Public Policy Considerations

NH Construction Law

JANUARY 1, 2019

Any effort by a contractor or developer to disclaim the implied warranty of good workmanship or the implied warranty of habitability will, to the extent that code compliance is embraced by the warranty, be suspect. 782 (1988) -- be stuck with his seller’s disclaimer? Cambridge Point, LLC , 478 Mass. Dagenais , 130 N.H.

Massachusetts

Massachusetts New Hampshire Contract Agreement

Project Owners Disclaim Their Own Subsurface Information

Construction Dive

JANUARY 12, 2017

By Bruce Jervis Public project owners do it all the time: They provide detailed subsurface site information to bidders and then contractually disclaim responsibility to the successful bidder for the accuracy of that information. Read more.

Site

Shouldn’t Owner Mismanagement Be an Exception to Delay Disclaimers?

Construction Dive

JULY 7, 2016

By Bruce Jervis “No-damage-for-delay” clauses disclaim any project owner liability for construction delays, regardless of cause, experienced by the contractor. Featured …Delay Damage Disclaimer Enforceable Despite Owner MismanagementExpert Witness Materials Not Compelled

Liability

Liability Contractors Materials Construction

When Does ‘Active Interference’ Negate Delay Disclaimers?

Construction Dive

JULY 30, 2014

By Bruce Jervis Project owners, both public and private, frequently contractually disclaim liability for costs caused by delay and disruption, regardless of the cause. These no-damage-for-delay clauses can have serious financial ramifications for contractors.

Claims

Claims Liability Contractors Construction

Is Tight Interpretation of Disclaimers Consistent with Intent of Contract?

Construction Dive

JANUARY 16, 2013

By Bruce Jervis Courts strive to limit the effect of delay damage disclaimers, or for that matter any exculpatory language, particularly when the contract was prepared by the party seeking to enforce the disclaimer. There was a recent example in California involving a supplier of shoring equipment.

Contract

Contract Liability Inspections Conference

Performance Specifications: The Ultimate Owner Disclaimer?

Construction Dive

NOVEMBER 27, 2012

Featured in this Week’s Construction Claims Advisor:Performance Specs Defeat Claim for Defective DrawingsDelay Disclaimer in Highway Specification Ruled UnenforceableMechanic’s Lien Took Priority over Previously Recorded Mortgages It also provides project owners with an excellent defense to contractor claims.

Lien

Lien Claims Defense Documentation

FTC Order Restricts use of “All Natural”

Green Building Law Update

JANUARY 1, 2017

The FTC was not persuaded by the company’s argument that its ingredient list and a disclaimer recently added to the company’s web page cured its misleading advertising, noting that consumers should not have to search for and dig out information that contradicts what an advertisement expressly and prominently conveys.

Claims

Claims California Commissioning Products

A common disclaimer that is a major roadblock to any progress with BIM

DebunkTheBIM

JANUARY 15, 2011

Picture book documenting tomorrow, today a common disclaimer. To my delight he responded; In my numerous shifts over the years since, his letter got misplaced but I remember it as being encouraging of the use of digital tools to document complex buildings. Also a major roadblock to any progress with BIM.

BIM

BIM Documentation Conference Drawings

How Does an Architect “Reject” Nonconforming Work?

Construction Dive

JUNE 23, 2016

Yet, the AIA documents disclaim architect responsibility for the contractor’s work. By Bruce Jervis The standard contract documents published by the American Institute of Architects gives an architect the duty to protect its project owner by rejecting nonconforming work. This creates a dilemma.

AIA

AIA Documentation Procurement Contract

COVID-19 Liability for Building Owners

Green Building Law Update

NOVEMBER 15, 2020

Arguably there could be liability for failing to reasonably or consistently enforce a self created policy.

Liability

Liability Legal Claims Insurance

Are Owners Working at Cross Purposes with Site Data?

Construction Dive

MARCH 6, 2013

Yet, fearing the liability that might result, they seek to limit or disclaim the significance of that information. They provide specific information to reduce price contingencies and encourage tight bidding.

Site

Site Alaska Claims Bidding

Marijuana Smoking is Allowed in LEED Buildings

Green Building Law Update

APRIL 30, 2014

The answer is simply, yes, you can smoke marijuana in a LEED certified building assuming it is otherwise legally permissible in the jurisdiction to do so (but, see the disclaimer below about federal criminal laws). Nixon, 1972. Photo Credit United Kingdom Cannabis Social Clubs.

Legal

Legal Colorado Permits Washington

#118: Letters of Intent Forming Enforceable Contracts

NH Construction Law

OCTOBER 30, 2022

If such a disclaimer is present, the recipient could not reasonably believe that a contract is already in place. But without such a disclaimer, the matter is less certain. ” Chicago Investment Corp.

Contract

Contract Agreement Documentation Negotiation

What about prospective trainees?

Contractor Magazine

AUGUST 1, 2013

Disclaimer: This column is opinion. It is interesting to note that, for the past five months or so, this column has been about the manpower crisis that we are facing in the trades. Schwartz'

Attorneys Offer Advice for Contractors Preparing Bids and Proposals

Construction Dive

JUNE 18, 2014

When a contractor prepares its bid or proposal on a construction contract, it should review and evaluate both the differing-site-conditions provisions and any disclaimer or exculpatory provisions in the proposed contract and make a risk assessment based on those contract provisions.

Bidding

Bidding Contractors Contract Risk

Is a Suspension a Delay? Does It Matter?

Construction Dive

NOVEMBER 19, 2014

The contract may disclaim owner liability for delay, regardless of cause. An owner-directed suspension is usually expressly compensable, with the elements of compensation defined in the contract. Delay and disruption of ongoing work may be treated differently. Or, the contract may severely limit recovery of delay damages.

Compensation

Compensation Liability Contract Claims

Can Owners Redefine “Interference” in the Contract?

Construction Dive

AUGUST 27, 2015

Featured … Owner Interference Rendered Delay Damage Disclaimer UnenforceableArbitrator May Have Had “Evident Partiality” The clause went on to define active interference to exclude the administration of change orders and the suspension or rescheduling of work.

Contract

Contract Pennsylvania Change Orders Contractors

Arizona Appeals Court Says Builder Cannot Waive State's Implied Warranties

Pro Builder

AUGUST 2, 2021

could not rightfully disclaim the implied warranty of workmanship and habitability, reports the Daily Independent. But the trial court tossed her case out, citing the contract that included waiving a workmanship and habitability warranty.

Arizona

Arizona Contract Claims Housing

LEED Prerequisite Now Prohibits Smoking Cannabis

Green Building Law Update

FEBRUARY 3, 2019

Beyond the general disclaimer below about the purposes of the blog, this blog post is not intended to give you criminal law advice or for that matter, any legal advice. . Nixon, 1972. Despite that statement, be aware that possessing, using, distributing and selling marijuana are all federal crimes and may be state crimes.

District of Columbia

District of Columbia Legal Green Residential

Are Buried Waivers Enforceable?

Construction Dive

AUGUST 28, 2013

Waivers, which are similar to disclaimers, are viewed with skepticism and strictly construed against the party attempting to impose the waiver. Parties are asked to waive certain types of claims, damages or remedies. This leads to questions. Are these waivers effective? What does it take to make a waiver enforceable?

Montana

Montana Claims Contract Construction

Is Physical Site Access Ever Guaranteed?

Construction Dive

MAY 21, 2014

The owner disclaims responsibility for the accuracy of the representations. Construction contracts usually address the matter of site access. But, as with other physical site conditions, owners have a tendency to make representations and then take them back. They are provided to the contractor for information only.

Site

Site Subcontracting Bidding Procurement

Must Intentional Interference Be Intentional?

Construction Dive

OCTOBER 8, 2014

Featured in this Week’s Construction Claims Advisor:Intentional Interference Ruled Exception to Delay Disclaimers in TexasApportionment of Lien Claim by Square Footage Upheld' .” The court then muddied the water by referring to “negligence” and “omissions.” ” Read more.

Lien

Lien Texas Claims Contract

Are No-Damage-for-Delay Clauses Still Enforceable?

Construction Dive

DECEMBER 4, 2013

Delay damage disclaimers have been ruled an unconstitutional impairment of lien rights. Legislatures in some states have enacted statutes rendering no-damage-for-delay clauses unenforceable. Judicial decisions have had the same effect.

Lien

Lien Change Orders Claims Contractors

Net Zero Certification Program Announced by USGBC

Green Building Law Update

SEPTEMBER 23, 2018

Green buildings are the geoengineering solution to many of the environmental issues of the day.

Certification

Certification DC Site Green

Do Contractors Speak from Both Sides of Their Mouths?

Construction Dive

JANUARY 9, 2014

Featured in this Week’s Construction Claims Advisor:Contractor Spoke from Both Sides of Mouth Regarding DelayDelay Damage Disclaimer Enforced Against Sub on Public ProjectRejection of All Bids after Price Disclosure Upheld' The contractor defaulted the sub for failure to maintain the subcontract schedule.

Contractors

Contractors Subcontracting New York Claims

Twists and Turbines — A New York Case Highlights an Owner’s Risk When Not Using Full-Wrap EPC Delivery

Constructlaw

NOVEMBER 22, 2022

The various disclaimers in its contract were a further backstop against this argument. The owner argued that the turbine supplier should be estopped from taking advantage of the exclusion because it did not verify that the turbines were suitable for the site conditions.

New York

New York Risk Claims Liability

Please don’t clean up my wall intersections.

DebunkTheBIM

APRIL 2, 2011

I should start with a disclaimer: I model in Archicad 13; That is whenever I need to assess something quickly and am not constrained by other project-needs nor the limitations of the software itself. So, next disclaimer: I model stuff for construction. It is an issue for me, because I use Archicad 13.

ArchiCAD

ArchiCAD Drawings Modeling Software

Should Bid Correction Be Allowed to Displace a Low Bidder?

Construction Dive

NOVEMBER 13, 2013

Featured in this Week’s Construction Claims Advisor:Owner Had No Duty to Disclose Continued Existence of Previously Known Site ConditionClerical Error Not Apparent on Face of Bid PackageSupplier Disclaimed Damages for Late Delivery'

Bidding

Bidding Claims Site Construction

Are Project Owners Abusing Termination-for-Convenience Clauses?

Construction Dive

MAY 29, 2013

Featured in this Week’s Construction Claims Advisor:Contractor Not Responsible for Corrective Work after Convenience TerminationDefault Upheld Despite Government Mishandling of Delay ClaimSupplier Disclaimed Responsibility for Consequences of Defective Material'

Bargains

Bargains Claims Profitability Contractors

Classic Roman Architecture anyone.?

Do

SEPTEMBER 25, 2009

Further disclaimer - Zach made the video, not me. (mine didn't work nearly as well as his). I think this goes further to suggust what you can do with these tools to handle complex geometry we just could not model before. I just got the conversation started. (my my panel didn't work nearly as well as his).

Architecture

Architecture Modeling Revit Design

BIM for Clients: There is a need for independent BIM advocacy!

DebunkTheBIM

OCTOBER 28, 2021

Pic from Predefine2020 [link] (disclaimer: my husband’s company) We live in a world ruled by supply/demand, their demand should create a supply of independent BIM advocates. Will they come from the ranks of client-side PMs?

BIM

BIM Drawings Modeling Consulting

Produced with Genetic Engineering

Green Building Law Update

MAY 10, 2015

The Act authorizes the Attorney General to issue regulations and those regulations were issued, confirming that Act 120 does not prohibit a person from disclaiming on a food's packaging that the FDA "does not consider food produced with genetic engineering to be materially different from other foods" Final Rule §121.02(c)(ii).

Engineering

Engineering Vermont Organization Regulation

#117: Building Information Modeling

NH Construction Law

OCTOBER 1, 2022

In general, reliance on information provided by one party to the other for use in his contract performance will, in the absence of a disclaimer, be deemed justified. In the absence of agreement on the point, ordinary contract principles will determine whether a party’s reliance on a BIM model furnished by the other party is reasonable.

Modeling

Modeling BIM Contract Documentation

Construction Business Owner Blogs

Construction Business Owner

DECEMBER 20, 2011

Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. productivity. project collaboration. project management. small business. social networking. technology. web-based software. Copyright © 2010 Cahaba Media Group. All rights reserved. An Company.

Software

Software Software Construction Accounting

Is it going to be CME or CME?

DebunkTheBIM

JUNE 23, 2011

No meaningful data either, due to the disclaimers that will likely accompany models playing in the friendly sandpit. This may not be very PC to state, but I believe is much more likely to work. If there is control, there are responsibilities. No control, no responsibilities.

Environment

Environment BIM Modeling Legal

DebunkTheBIM: BIM and how the Indians have taken over the.

DebunkTheBIM

FEBRUARY 15, 2012

A disclaimer to start-with: I am not a cross-country-migration specialist, nor someone that would encourage – or on the other hand, discourage migration on any scale, small or large. BIM and how the Indians have taken over the corner dairies of New Zealand.

BIM

BIM Industrial Employment Modeling

Construction Business Owner Blogs

Construction Business Owner

JANUARY 31, 2012

Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. productivity. project collaboration. project management. small business. social networking. technology. web-based software. Copyright © 2010 Cahaba Media Group. All rights reserved. An Company.

Construction

Construction Software Software Accounting

Construction Business Owner Blogs

Construction Business Owner

MAY 29, 2012

Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. productivity. project collaboration. project management. small business. social networking. technology. web-based software. Copyright © 2010 Cahaba Media Group. All rights reserved. An Company.

Construction

Construction Software Software Cash Flow

Construction Business Owner Blogs

Construction Business Owner

SEPTEMBER 27, 2011

Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. productivity. project collaboration. project management. small business. social networking. technology. web-based software. Copyright © 2010 Cahaba Media Group. All rights reserved. An Company.

Construction

Construction Software Software Accounting

Construction Business Owner Blogs

Construction Business Owner

NOVEMBER 8, 2011

Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. productivity. project collaboration. project management. small business. social networking. technology. web-based software. Copyright © 2010 Cahaba Media Group. All rights reserved. An Company.

Construction

Construction Software Software Accounting

Construction Business Owner Blogs

Construction Business Owner

JANUARY 18, 2012

Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. productivity. project collaboration. project management. small business. social networking. technology. web-based software. Copyright © 2010 Cahaba Media Group. All rights reserved. An Company.

Construction

Construction Software Software Accounting

Construction Business Owner Blogs

Construction Business Owner

SEPTEMBER 28, 2011

Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. productivity. project collaboration. project management. small business. social networking. technology. web-based software. Copyright © 2010 Cahaba Media Group. All rights reserved. An Company.

Construction

Construction Software Software Cash Flow

#108: Replacement Contractor Issues

NH Construction Law

DECEMBER 19, 2021

It is certainly possible, even wise, for the completion contractor to disclaim any liability for his predecessor’s work, but at the end of the project teasing apart the respective responsibilities for any issues with the finished product can be challenging.

Contractors

Contractors Liability Bidding Contract

LinkedIn, Twitter and Web 2.0 for the Construction Industry

Carol Hagen

AUGUST 19, 2009

Another consideration before jumping in is addressing your e-policy to include such things as disclaimers on any employees “freelance” blogging as it is likely they have you listed as their employer. If you haven’t created an e-policy yet I recommend “ The e-POLICY Handbook ” by Nancy Flynn.

Industrial

Industrial Construction Lien Arizona

#74: Disclaiming Implied Warranties: Public Policy Considerations

Project Owners Disclaim Their Own Subsurface Information

Trending Sources

Shouldn’t Owner Mismanagement Be an Exception to Delay Disclaimers?

When Does ‘Active Interference’ Negate Delay Disclaimers?

Is Tight Interpretation of Disclaimers Consistent with Intent of Contract?

Performance Specifications: The Ultimate Owner Disclaimer?

FTC Order Restricts use of “All Natural”

A common disclaimer that is a major roadblock to any progress with BIM

How Does an Architect “Reject” Nonconforming Work?

COVID-19 Liability for Building Owners

Are Owners Working at Cross Purposes with Site Data?

Marijuana Smoking is Allowed in LEED Buildings

#118: Letters of Intent Forming Enforceable Contracts

What about prospective trainees?

Attorneys Offer Advice for Contractors Preparing Bids and Proposals

Is a Suspension a Delay? Does It Matter?

Can Owners Redefine “Interference” in the Contract?

Arizona Appeals Court Says Builder Cannot Waive State's Implied Warranties

LEED Prerequisite Now Prohibits Smoking Cannabis

Are Buried Waivers Enforceable?

Is Physical Site Access Ever Guaranteed?

Must Intentional Interference Be Intentional?

Are No-Damage-for-Delay Clauses Still Enforceable?

Net Zero Certification Program Announced by USGBC

Do Contractors Speak from Both Sides of Their Mouths?

Twists and Turbines — A New York Case Highlights an Owner’s Risk When Not Using Full-Wrap EPC Delivery

Please don’t clean up my wall intersections.

Should Bid Correction Be Allowed to Displace a Low Bidder?

Are Project Owners Abusing Termination-for-Convenience Clauses?

Classic Roman Architecture anyone.?

BIM for Clients: There is a need for independent BIM advocacy!

Produced with Genetic Engineering

#117: Building Information Modeling

Construction Business Owner Blogs

Is it going to be CME or CME?

DebunkTheBIM: BIM and how the Indians have taken over the.

Construction Business Owner Blogs

Construction Business Owner Blogs

Construction Business Owner Blogs

Construction Business Owner Blogs

Construction Business Owner Blogs

Construction Business Owner Blogs

#108: Replacement Contractor Issues

LinkedIn, Twitter and Web 2.0 for the Construction Industry

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