NH Construction Law

NOVEMBER 30, 2020

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. Industrial Lumber Co. , Enterprises, Inc. , 3d 35, 36 (1st Cir. ” Id.

Claims 40

Claims Subcontracting United States Contract 40

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R. brought suit in the Court of Federal Claims on the TO 26 claim.

Agreement 52

Agreement Claims Contract United States 52

Constructlaw

SEPTEMBER 29, 2020

Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of arbitration agreements. After the project began, a labor union representative approached and asked MZM’s president to execute a “short-form agreement.”

Agreement 52

Agreement Bargains New Jersey Contract 52

Construction Dive

NOVEMBER 24, 2015

By Bruce Jervis Claim settlement agreements can be drafted any which way. Parties signing claim settlement agreements need to be aware. Featured … Claim against Testing Lab Extinguished by Separate Settlement AgreementEngineer’s On-Site Labor Was Incidental The supplier then sued the testing laboratory.

Claims 48

Claims South Dakota Drafting Agreement 48

Best Practices Construction Law

MAY 7, 2014

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim?

Claims 69

Claims Negotiation Bargains Visualization 69

ENR Construction

JUNE 15, 2022

agreement resolves claims of subcontracting kickbacks and bid rigging related to firm's past LOGCAP military operations support contract in Iraq Justice Dept.

Contract 69

Contract Subcontracting Agreement Claims 69

Best Practices Construction Law

JUNE 14, 2022

The statute provides: (a) Provisions in lien waivers, releases, construction agreements as defined in G.S. 22B-1(f)(1), or design professional agreements as defined in G.S. The statute provides: (a) Provisions in lien waivers, releases, construction agreements as defined in G.S.

North Carolina 62

North Carolina Lien Agreement Claims 62

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.

Contractors 62

Contractors Agreement Banking AIA 62

Construction Marketing

JULY 11, 2022

If the principal’s bond application is approved, the surety company will require the principal to sign an indemnity agreement before it will issue the bond. The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. Sign the indemnity agreement.

Contractors 156

Contractors Legal Bidding Contract 156

Best Practices Construction Law

SEPTEMBER 5, 2018

The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami. The trial court granted summary judgment in favor of the architect.

Claims 54

Claims Miami Contract Liability 54

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

SEPTEMBER 25, 2020

The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

Construction Dive

JUNE 5, 2013

By Bruce Jervis Joint check agreements are used when a party down the contracting chain has payment concerns regarding the party with whom it has contracted. A subcontractor may ask a project owner to issue checks payable jointly to the prime contractor and subcontractor.

Agreement 48

Agreement Delaware Claims Contract 48

Best Practices Construction Law

SEPTEMBER 29, 2020

the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction , the court held that the contractor’s claims against the engineer were barred by the doctrine of accord and satisfaction.

Negotiation 104

Negotiation Contractors Claims Mississippi 104

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.

Claims 54

Claims Contract Agreement Documentation 54

Constructlaw

JULY 12, 2022

(collectively DonRob) agreed to sell, and 360 Residential LLC, 360 Sugar Hill LLC, and 360 Capital Company LLC, (collectively 360) agreed to purchase 12 acres (Site) of a 37-acre parcel of property in Sugar Hill, GA (the Agreement). Between the Agreement date and the scheduled closing date, the parties’ relationship deteriorated.

Contract 52

Contract Liability Agreement Georgia 52

Best Practices Construction Law

MAY 29, 2013

Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties'' agreement. The Original Agreement. The Second Agreement. Those claims were identified in Exhibit 1 to the agreement. In Massachusetts Highway Dept. Perini Corporation, 83 Mass.

Claims 48

Claims Contract Agreement Massachusetts 48

Construction Dive

JANUARY 9, 2019

Rowlett officials claim that the team behind the massive mixed-use plot defaulted on their development agreement and committed "textbook bait and switch."

Texas 75

Texas Agreement Claims 75

Levelset

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation.

Insurance 52

Insurance Contractors Lien Claims 52

Best Practices Construction Law

FEBRUARY 1, 2024

Falsely claiming to have submitted a Technical Assistance Agreement to the Directorate of Defense Trade Controls. Authority to Make Findings: The decision asserts the Board’s authority to make factual findings regarding material misrepresentation, differentiating it from certain fraud claims beyond the Board’s jurisdiction.

Defense 62

Defense Contract Subcontracting Engineering 62

ENR Construction

JUNE 15, 2022

agreement resolves claims of subcontracting kickbacks and bid rigging related to firm's past LOGCAP military operations support contract in Iraq. Justice Dept.

Contract 36

Contract Subcontracting Agreement Claims 36

Constructlaw

JULY 6, 2020

Department of State , 1 the Board rejected a contractor’s claim for additional costs related to demobilization and remobilization of the job site in Freetown, Sierra Leone, due to an Ebola virus outbreak. In Pernix Serka Joint Venture v. In mid-March 2015, PSJV remobilized to the site. 1 CBCA 5683, 2020 WL 1970843 (C.B.C.A.

Claims 52

Claims Contract United States Site 52

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

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

Colorado 52

Colorado Tennessee Claims Contract 52

Best Practices Construction Law

OCTOBER 10, 2012

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim. A well drafted liquidation agreement will generally accomplish this purpose.

Claims 48

Claims Rhode Island DOT Liability 48

ENR Construction

JUNE 14, 2017

Misr Sons reaches agreement with DOJ to resolve alleged False Claim Act violations.

Claims 31

Claims Agreement 31

Constructlaw

APRIL 20, 2023

FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). FE&C’s amended complaint also included claims for violation of the Tennessee PPA. For claims sounding in contract, Tennessee applies the law of the state where the parties executed the contract.

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Constructlaw

DECEMBER 1, 2022

RKI contracted with Ameriflow Energy Services LLC and Crescent Services LLC through two master service agreements (MSAs) and a series of work orders. Notably, it was unclear whether Crescent supplied those services under a subcontract agreement with Ameriflow or whether the two entities were somehow affiliated.

Texas 52

Texas Claims Contract Agreement 52

Constructlaw

NOVEMBER 22, 2022

The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment. The designer, which had specified the wrong type of turbine, invoked New York’s three-year statute of limitations to defeat the owner’s professional negligence claim.

New York 52

New York Risk Claims Liability 52

Construction Law Monitor

AUGUST 9, 2011

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Sloan pg 17. See Carl A. Calvert & Carl F.

Agreement 57

Agreement Contract Insurance Construction 57

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

Construction Lawyer

FEBRUARY 3, 2014

In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification. contracts litigation'

Claims 40

Claims Illinois Agreement AIA 40

Best Practices Construction Law

JANUARY 22, 2018

the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction , the court held that the contractor’s claims against the engineer were barred by the doctrine of accord and satisfaction.

Claims 83

Claims Mississippi Legal Compensation 83

Construction Lawyer

OCTOBER 9, 2012

The agreement called for Costco to sell these systems on consignment. Ipcon brought suit against Costco, alleging that Costco never intended to honor its agreement. Claims that there was fraud in the inducement of a contract are to be decided by the arbitrator.

Agreement 40

Agreement Contract Claims 40

Best Practices Construction Law

SEPTEMBER 23, 2020

The parties’ agreement required the owner to make payment within 20 days of submission of an application for payment by the contractor. The agreement also contained a provision that any modification of the contract was required to be in writing. Lesson: Read your contracts, reserve your claims, and exercise your rights.

Contractors 62

Contractors Contract Agreement Maryland 62

NH Construction Law

FEBRUARY 25, 2023

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle. Don’t count on it. In Coachman Estates of Barrington, LLC v.

Banking 40

Banking Inspections Construction Lien 40