Construction Law Monitor

NOVEMBER 2, 2011

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.

Contract 56

Contract Change Orders Lien Contractors 56

Best Practices Construction Law

JUNE 12, 2015

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Best Practices Construction Law

NOVEMBER 26, 2012

Written Contract. As a preliminary matter, make sure that you get a written contract when starting a new project and make sure that both parties sign the agreement. Too many times I have represented parties who either "did the deal on a handshake" or "never signed the contract." Contract Provisions.

Cash Flow 48

Cash Flow Project Management Change Orders Agreement 48

NH Construction Law

APRIL 26, 2018

Sometimes this unanticipated time/space compression is the owner’s fault, in which case the general contractor/construction manager and its subcontractors will likely be entitled to increased compensation by change order or otherwise -- and to a mechanic’s lien if that increase is not paid. See Town of Bedford v.

Lien 40

Lien Compensation Change Orders Subcontracting 40

Job Order Contracting

JULY 29, 2021

Construction contract is generally awarded to the lowest bidder and/or lowest qualified builder, who then utilizes the subcontractors included in his or her bid. Owner controls the design, which is completed under direct owner-A/E contract prior to construction. A DB contract is awarded on the basis of price and/or qualifications.

Design 130

Design Bidding Engineering Construction 130

Building Information Management

APRIL 24, 2016

JOB ORDER CONTRACTING. Job Order Contracting GUIDELINES & PROCEDURES. LEAN best management practices are integral to the administration of a Job Order Contract (JOC). Contractors are generally selected as part of a multi-year agreement, and/or for one year with tw0(2) to four(4) option years.

Contract 40

Contract Contractors Materials Site 40

Autodesk Construction Cloud

JULY 5, 2022

From contract generation to generating documents for change orders and monthly payment applications, a lack of standardized cost documentation can be extremely disruptive to project progress. No more back and forth on what the latest contract language is. Standardize your cost documentation. No more guess work.

Autodesk 92

Autodesk Documentation Visualization Management 92

Building Information Management

JULY 27, 2016

Various cost information is typically formatted as Products & Activities, General or Routine Maintenance, New Construction, Renovation and/or Repair, Sustainability/Green, Job Order Contracting (JOC), or any combination thereof. Procurement Requirements and Contracting Requirements. 00 00 00 Procurement and Contracting.

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

Various cost information is typically formatted as Products & Activities, General or Routine Maintenance, New Construction, Renovation and/or Repair, Sustainability/Green, Job Order Contracting (JOC), or any combination thereof. Procurement Requirements and Contracting Requirements. 00 00 00 Procurement and Contracting.

Equipment 40

Equipment Construction Schedule Concrete 40