Are Claim Sponsorship Agreements an Efficient Way to Resolve Claims?

Construction Dive

By Bruce Jervis Claim sponsorship and settlement agreements are a vital tool for administering and resolving claims. They facilitate the consolidation of multiple, interrelated claims of a prime contractor and its subcontractors against the project owner.

FTC Settles Charges Over Deceptive Zero VOC Claims

Green Building Law Update

Some promotions also made explicit safety claims. The FTC alleged, the company had no evidence to support those claims. YOLO Colorhouse, LLC , and Imperial Paints, LLC , have agreed to consent orders that would bar them from making unqualified VOC free and emission free claims.

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Reliance on Letter Agreement Defeats Architect’s Copyright Claim

Construction Lawyer

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. The architect prepared a letter agreement that stated: "Any termination of this Agreement shall be per AIA Standard Contract language which is either party may terminate this agreement at any time with 7 day written notice.". The letter agreement did not specifically incorporate the terms of the AIA agreement so as to make it part of the “deal.”

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Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

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. Although this question may seem contrary to the common sense approach to never overstate the claim amount, it’s actually not.

Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

Best Practices Construction Law

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.

Do Joint Check Agreements Cause Unexpected Problems?

Construction Dive

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.

Severin Doctrine: It's Another Name for "Pass-Through-Plus" Claims

Best Practices Construction Law

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.

Should One Party Be ‘Sole Arbiter’ of Claims and Disputes?

Construction Dive

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.

Construction Claims Negotiations - Develop a Strategy

Construction Dive

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. Assuming the request has been submitted with all supporting documents and both parties have reached an agreement to try and negotiate the dispute has been reached to have a negotiation meeting.

Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

Construction Law Monitor

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. The Sloan court defines a liquidating agreement clause as a “process by which a general contractor may assert the claims of its subcontractors against the owner.” Do not confuse a liquidating agreement with liquidated damages.

The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement

Best Practices Construction Law

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.

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Egyptian Firm to Pay U.S. $1.1M to Settle False-Claim Charges

ENR Construction

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

Contracts Must Be Clear on "Arbitrability" Question, Especially for $56M Claims

Best Practices Construction Law

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.

Non-signatory bound by agreement to arbitrate

Construction Lawyer

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Non-signatory bound by agreement to arbitrate. 15, 2007), the court held that a non-signatory to a contract that contained an agreement to arbitrate could be bound by the arbitration requirement. Normally, only a party to an agreement to arbitrate is bound by the arbitration provision. constructionattorneyblog. Attorneys at Sabo & Zahn.

Transocean Settles With U.S. Government on Deepwater Clean Water Act Claims

ENR Construction

Agreement resolves U.S. Clean Water Act penalty claims from 2010 spill. Infrastructure

Texas city sues developer of lagoon-centric $1B Bayside development

Construction Dive

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

constructionattorneyblog: Indemnity Agreement

Construction Lawyer

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Indemnity Agreement. Listed below are links to weblogs that reference Indemnity Agreement : Recent Posts. constructionattorneyblog. Attorneys at Sabo & Zahn. Sabo & Zahn. Werner Sabo. Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago.

“Paid in Full” Wives’ Tale True? When Endorsing A Check, Yes Ma’am!

Best Practices Construction Law

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. Following completion of the project, the contractor filed a claim against the owner and engineer for damages allegedly resulting from the negligence of the owner and engineer.

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Best Practices Construction Law

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4

If You Settle Your Construction Dispute, Have You Really Settled It?

Best Practices Construction Law

Right before trial, the parties reached an agreement and notified the court that the trial was unnecessary. The attorney for the Williams drafted a short letter agreement and sent it to opposing counsel. Therefore, an oral agreement to resolve the dispute may not be sufficient.

Arbitrability: does the court or arbitrator decide when the agreement is challenged?

Construction Lawyer

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. Ipcon claimed that, because of the purported fraud, the contract was void ab initio , that is, the contract was never formed. The Second Circuit, in Ipcon Collections LLC v. Costco Wholesale Corp. (No.

Premier League ‘back plan to finish season by July 31 after reaching agreement with UEFA president Aleksander Ceferin’ which will see Champions League and Europa League played in August

Construction Test

There was initially ambiguity around plans on how to finish the season, and if it was feasible, but claim Premier League chiefs have now backed a July 31 deadline during crunch talks involving UEFA, other major European leagues and leading clubs.

Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Best Practices Construction Law

The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition.

Payment of Retainage with “conditions attached” Deemed Non-Payment

Best Practices Construction Law

the dispute involved the parties’ separate agreement wherein the contractor committed to pay the subcontractor for delay damages that were beyond the subcontractor’s reasonable control.

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Conversion Claim not Preempted by Copyright Law in California

Construction Lawyer

When the Redevelopment Agency informed the plaintiff that it intended to turn the project over to a different developer, Youssefi, and wanted to provide Youssefi with the plans, the plaintiff and the Agency entered into an agreement to reimburse the plaintiff for its costs. The agreement also acknowledged that plaintiff owned the plans. The trial court suggested plaintiff''s claim is not one for conversion of the paper on which a copyrightable work is printed.

The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

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. As you may be aware, one of the greatest risks on a construction project involves the payment process.

Illinois Appellate Court holds that Express Indemnity Claim Subject to 10-year Statute of Limitations

Construction Lawyer

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. The AIA provision in the owner-architect agreement (there was a similar provision in the owner-contractor agreement) read: 8.3

Deltek lawsuit alleges violation of noncompete agreement

PSMJ Resources

Deltek alleges the employees violated noncompete agreements and unfairly use some of its trademarks. Attorneys for Truong and two other former Deltek employees named in the lawsuit filed a motion April 20 to dismiss Deltek's claims against them. The defendants' attorneys argue that the agreements are unenforceable and that Iuvo has used Deltek trademarks in good faith to "fairly and accurately describe its services." According to the latest Washington (D.C.)

Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Federal Court dismisses subs claim against GC because of arbitration provision. Liquidation Agreement did not supercede agreement to arbitrate. April 2, 2012), dismissed an action by a subcontractor against the general because there was an agreement to arbitrate in the subcontract. If the net recovery on the claims were to exceed $4.3

Leasing Equipment in Louisiana? How To Protect Your Lien Claim

Construction Law Monitor

There is likely no answer for you under the lien law – unless you filed a notice of lease agreement with the owner within the appropriate time frame. Finally, the Notice of Lease Agreement does not have to be in any specific form – simply a copy of the contract should suffice. You are in the business of leasing heavy equipment to contractors. You are beginning to provide more and more machinery to jobsites. You just hit your first snag with payment. What do you do?

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Holidaymakers face six-month wait for travel refunds as airlines struggle to deal with colossal backlog of claims with £7billion owed to customers

Construction Test

However, the number of cancelled trips means customers are waiting much longer as airlines struggle to deal with a colossal backlog of claims. This is part of a wider agreement with European governments to keep flight links open for emergency reasons. .

constructionattorneyblog: False Claims lands Engineer in jail

Construction Lawyer

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. False Claims lands Engineer in jail. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts. constructionattorneyblog. Attorneys at Sabo & Zahn. Sabo & Zahn. Werner Sabo. Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago.

Economic Loss Doctrine bars Nevada claims against Architect

Construction Lawyer

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Economic Loss Doctrine bars Nevada claims against Architect. Listed below are links to weblogs that reference Economic Loss Doctrine bars Nevada claims against Architect : Recent Posts. constructionattorneyblog. Attorneys at Sabo & Zahn. Sabo & Zahn. Werner Sabo. Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago.

Change Directive v. Change Order v. Construction Change

Best Practices Construction Law

Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. This Agreement becomes a part of the Contract when properly executed and approved.

Keep Your Subconsultants in the Loop - PSMJ Resources Blog

PSMJ Resources

claims and potential losses. risk is a well-written agreement. skip to main | skip to sidebar. Wednesday, September 5, 2012. PSMJ Tips: Keep Your Subconsultants in the Loop. Failures by your subconsultants can lead to serious liability. Your first line of control over potential. But you can also avoid problems with. proper communication. Make sure your expectations are clear, and follow. the points below. Your subconsultants are an integral part of your team!

One Awesome Case Discussing The Difference Between Delay and Disruption Damages!

Best Practices Construction Law

Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The County entered into an agreement with the Contractor to expand a three-mile stretch of road.

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

Best Practices Construction Law

The United States Court of Appeals for the Federal Circuit Contract recently addressed this issue in a government contract dispute where the parties’ agreement required the contractor to pay for fuel at the prevailing rate.

Court or Arbitrator: Who Decides Statute of Limitations Issues?

Best Practices Construction Law

2011), this same issue arose in the context of whether the owner's claims were barred by the applicable statute of limitations. The contractor filed a motion in court to permanently stay the arbitration because it argued that the claims were beyond the statute of limitations.

Some vital construction documents for a construction project

Construction Cost Estimating

Contract Agreements and Contracts: It should be utilized by the contracting officer (owner) as well as the contractor. This type of document also involve overhead costs, what to claim and your rights.

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

Construction and Infrastructure Law

To reduce potential exposure, contracts may need to be revised to include provisions: requiring subcontractors to indemnify and defend against claims for unpaid wages and benefits; requiring all subcontractors to obtain payment bonds; establishing firm deadlines for subcontractors to provide payroll records upon request or even as a condition precedent to payment; and.