Constructlaw

NOVEMBER 9, 2022

District Court for the Southern District of Illinois recently enforced a partially executed agreement to arbitrate where the party that failed to countersign demonstrated assent through its acts and conduct. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Construction Lawyer

SEPTEMBER 3, 2014

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. The owner moved for summary judgment on the copyright claim on the basis that it had an implied nonexclusive license to use the drawings. The architect was hired to design a restaurant for the owner. shall terminate.

Agreement 45

Agreement Claims AIA Contract 45

NH Construction Law

NOVEMBER 30, 2020

The Miller Act, the federal statute providing for payment bonds on federal construction projects to protect unpaid subcontractors and suppliers, provides that suits on the payment bond “must be brought. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. ” U.S.

Claims 40

Claims Subcontracting United States Contract 40

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

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. In MZM Construction Company, Inc. The Funds also informed MZM that, absent payment, the Funds would initiate arbitration.

Agreement 52

Agreement Bargains New Jersey Contract 52

Best Practices Construction Law

JUNE 14, 2022

While many states prohibit prospective lien waivers—that is, an advanced waiver of lien rights usually included in a construction contract before the work is performed or the lien right arises—the General Assembly in North Carolina recently passed a new law that has some additional protections.

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. The project involved a $13m construction loan between the lender and the owner to renovate a hotel.

Contractors 62

Contractors Agreement Banking AIA 62

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

Construction Marketing

JULY 11, 2022

A surety bond is a contract between the following three parties: • Principal – The construction company or individual seeking the bond. 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. Sign the indemnity agreement.

Contractors 156

Contractors Legal Bidding Contract 156

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

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

NH Construction Law

FEBRUARY 25, 2023

A common feature of residential construction loans is the requirement for periodic inspections of the progress of work, usually by an independent inspection company hired by the bank, before disbursements are made. Nor does a negligence claim against the inspector appear promising. New Hampshire Savings Bank , 131 N.H.

Banking 40

Banking Inspections Construction Lien 40

Job Order Contracting

APRIL 30, 2022

The characteristics of strategic collaboration and efficient construction project delivery are discussed below. Characteristics of Strategic Collaboration and Efficient Construction Project Delivery. Shorter construction schedules than planned. Zero costs associated with disputes and claims. Fewer disputes and claims.

Construction 222

Construction Project Management Engineering Management 222

Best Practices Construction Law

SEPTEMBER 29, 2020

In Triangle Construction Co. 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. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc.,

Negotiation 104

Negotiation Contractors Claims Mississippi 104

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

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. Lend Lease Construction (Sept. It happens all the time! 1, 2020) (PDF).

Compensation 97

Compensation Lien Claims North Carolina 97

Lets Build

OCTOBER 23, 2020

Rework in construction projects refers to correcting an activity or process on site that was done incorrectly in the first place. Free ebook: Why WhatsApp and Excel aren’t enough for running complex construction projects. Almost all construction projects will sooner or later come across a delay that will be unavoidable.

Construction 88

Construction Claims Site Management 88

Best Practices Construction Law

SEPTEMBER 5, 2018

When we think of delays on a construction project, the first inquiry is to identify the turtle—the one party holding up progress or causing the delay. When the construction project was delayed, the general contractor filed suit against the numerous designers, architects, engineers and subconsultants.

Claims 54

Claims Miami Contract Liability 54

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

Best Practices Construction Law

FEBRUARY 1, 2024

Background: The contract in question, executed on July 9, 2013, was for the construction of an Aegis Ashore Missile Defense System site in Deveselu, Romania, with a firm, fixed-price amount of $134,211,592. Falsely claiming to have submitted a Technical Assistance Agreement to the Directorate of Defense Trade Controls.

Defense 62

Defense Contract Subcontracting Engineering 62

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. They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 52

Best Practices Construction Law

MAY 29, 2013

I''ve blogged about arbitration in construction disputes on numerous occasions. 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. The Disputes. The Holding.

Claims 48

Claims Contract Agreement Massachusetts 48

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

Constructlaw

JULY 6, 2020

This article was originally published in Government Construction (Volume 5, Issue 2 – Summer 2020), an ABA Division 13 Quarterly Newsletter. 14 The DOS granted PSJV the requested time extension, but rejected PSJV’s claim for additional costs associated with the temporary shutdown and expanded medical capabilities.

Claims 52

Claims Contract United States Site 52

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

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. 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 Contract.

Claims 118

Claims Compensation Contract Contractors 118

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. Brennan’s The Construction Contracts Book.

Agreement 57

Agreement Contract Insurance Construction 57

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

Lets Build

OCTOBER 18, 2021

A site manager is one of the central gears of every construction project. To help you avoid ending up in this spiral and gain back your peace of mind, here are five tips you should always keep in mind when you run a construction site: 1. Free ebook: Why WhatsApp and Excel aren’t enough for running complex construction projects.

Site 147

Site Project Management Construction Management 147

Green Building Law Update

NOVEMBER 5, 2017

There have been only a very modest number of cases commenced in courts across the country involving construction of green buildings. Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects.

Green 120

Green Contract Documentation Claims 120

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 71

Texas Agreement Claims 71

Best Practices Construction Law

JANUARY 22, 2018

” In Triangle Construction Co. 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. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

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

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

Best Practices Construction Law

SEPTEMBER 23, 2020

” As a construction litigator, every so often you read a case that leaves you with the same feeling. In Wickersham Construction and Engineering, Inc. The parties’ agreement required the owner to make payment within 20 days of submission of an application for payment by the contractor. Please no running!”

Contractors 62

Contractors Contract Agreement Maryland 62

Best Practices Construction Law

AUGUST 10, 2017

In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. As an example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. You don’t always say what you mean. For example, in TM Delmarva Power v.

Contract 79

Contract Agreement Virginia Construction 79