NH Construction Law

JULY 26, 2020

“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” Vector Construction Co. , Mechanical Contractors, Inc. 2020 WL 3527909 (June 29, 2020). Westlake Investments, LLC , 880 N.W.2d 185 Mich.App.

Insurance 40

Insurance Liability Accidents Michigan 40

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

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

Mr Ethics

NOVEMBER 30, 2015

Ethics, We are the architect of record for a hospital, new construction project. Our contract calls for us to be the initial decision maker for any contractor disputes that arise on the project including any claims that allege errors and omissions against us.

Liability 100

Liability Utah Agreement Claims 100

Mr Ethics

NOVEMBER 30, 2015

Ethics, We are the architect of record for a hospital, new construction project. Our contract calls for us to be the initial decision maker for any contractor disputes that arise on the project including any claims that allege errors and omissions against us.

Liability 100

Liability Utah Agreement Claims 100

Mr Ethics

NOVEMBER 30, 2015

Ethics, We are the architect of record for a hospital, new construction project. Our contract calls for us to be the initial decision maker for any contractor disputes that arise on the project including any claims that allege errors and omissions against us.

Liability 100

Liability Utah Agreement Claims 100

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

Liability 90

Liability Agreement Drafting Insurance 90

Levelset

OCTOBER 13, 2022

Construction contracts often require that each hired specialty contractor maintain a minimum level of insurance coverage, and a COI will reflect that status. In this article, we’ll explain what contractors need to know about COIs, when they are needed, and how they work in construction. Why a certificate of insurance matters.

Insurance 52

Insurance Certification Contractors Liability 52

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

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

Liability 52

Liability Agreement Drafting Insurance 52

NH Construction Law

AUGUST 31, 2023

Subrogation – the right of an insurer, upon paying an injured party’s damages arising out of a negligence claim, to chase the negligent party for reimbursement – is a staple of the law. In commercial construction contracts the rationale for such waivers is to avoid litigation that could disrupt the construction process.

Insurance 40

Insurance Liability Claims AIA 40

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

Constructlaw

APRIL 20, 2023

FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). In response, FE&C advanced a creative theory of liability — “FE&C is not bringing a private right of action under the federal Prompt Payment Act, but is instead seeking enforcement of a contractual penalty.”

Tennessee 52

Tennessee Subcontracting Missouri Claims 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

Green Building Law Update

DECEMBER 13, 2015

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.

Foundation 120

Foundation Liability Maryland Claims 120

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.

Liability 120

Liability Maryland Green Agreement 120

Best Practices Construction Law

MAY 27, 2016

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 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

Levelset

SEPTEMBER 12, 2022

Despite your best efforts to protect building materials, any number of things can happen during the course of construction. ” You may already have an insurance policy that offers coverage for business property and general liability. Learn more – Builder’s Risk vs. General Liability for Contractors: What’s the Difference?

Insurance 52

Insurance Liability Risk Materials 52

Construction Dive

JULY 23, 2014

By Bruce Jervis It has long been controversial: Should design professionals be directly liable to construction contractors for deficiencies in the drawings and specifications? The designer’s responsibilities – and liabilities – are to the owner. There are arguments on each side. ” Read more.

Drawings 56

Drawings Contractors Design Liability 56

Constructlaw

FEBRUARY 7, 2023

Myers Construction Corp., The contractor and subcontractors moved for summary judgment, asserting that the carriers’ claims were barred by the mutual waiver of subrogation contained in the prime contract. The trial court agreed that the waiver of subrogation barred the carriers’ claims and granted the motion for summary judgment.

Louisiana 52

Louisiana AIA Insurance Contract 52

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

Construction Lawyer

APRIL 3, 2012

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Lawyer

MAY 30, 2012

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Liability 40

Liability Contractors Design Minnesota 40

Levelset

JULY 21, 2022

In order to perform construction work, many states require contractors to be “licensed and bonded.” A contractor bond is different from other types of construction bonds because it provides broader protection to the public and is regulated by a licensing board. A contractor bond is a three-party agreement. What does that mean?

Contractors 52

Contractors Claims Oregon Residential 52

Construction Dive

FEBRUARY 12, 2014

By Bruce Jervis Commercial general liability (CGL) insurance policies have been the source of much controversy in the construction industry. There is no coverage for liability the contractor assumed under a contract or agreement. But do the policies cover the work itself? Insurers certainly don’t intend them to.

Insurance 54

Insurance Contractors Liability Injury 54

NH Construction Law

DECEMBER 19, 2020

2002) (“Thus, the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it consistent with the rights and obligations created under the Miller Act.”). What about payment bonds on private construction projects?

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Levelset

OCTOBER 20, 2022

At any given time, an electrician could be performing work on a construction project that involves high stakes. You pay pennies on the dollar for coverage that could range into the millions for general liability (GL) insurance, for example. General liability may help pay for the cost of repair. . Protecting your property.

Insurance 52

Insurance Liability Electrical Accidents 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

We discuss: The current state of construction contracts. Construction technology and the future of contracting and payments. Understand the state of contracts and payment terms in construction. The current state of contracts and payment terms in construction leaves a lot to be desired, says Karalynn.

Contract 52

Contract Contractors Negotiation Subcontracting 52

NH Construction Law

JUNE 30, 2022

Delays on construction projects are as common as shells on the shore. Still, contracts excusing a party from liability for the harm he causes have never been favorites of the courts, which often show a willingness to entertain exceptions to the enforceability of such clauses. ” Tricon Kent Co. 2d 132, 140, 118 N.E.2d ”).

Liability 40

Liability Contract Iowa Contractors 40

Construction Lawyer

NOVEMBER 11, 2007

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Liability 40

Liability AIA Documentation Illinois 40

Green Building Law Update

APRIL 7, 2020

HB 177 modifies dam safety laws related to the Maryland Department of the Environment’s authority to respond to an emergency situation related to a “water infrastructure asset,” defined as a reservoir, dam, or any other waterway construction. The bill also establishes liability protections for MDE and the State.

Maryland 156

Maryland Commissioning Regulation Environment 156

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Lawyer

FEBRUARY 28, 2014

The owner and the general contractor filed cross-claims against SJ for indemnification. There was an indemnification provision in the contractor/subcontractor agreement that read as follows: A. Further, it is by no means certain that there will be insurance coverage for the architect or contractor who enters into such an agreement.

Contract 40

Contract Contractors Insurance Accidents 40

Construction Law Monitor

JULY 20, 2011

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.

Leases 44

Leases Lien Louisiana Equipment 44

Contractor Bookkeeping

JUNE 20, 2014

Let Us Help Reduce Construction Business Start Up Stress. We Are QuickBooks Experts Specializing In Construction Bookkeeping Services. You Quit Your Job - And started a construction business only to discover you need a contractor’s license and bond. Consult with a construction attorney and follow their advice.

Insurance 48

Insurance Construction Accounting Claims 48

Construction Lawyer

DECEMBER 28, 2007

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Agreement 40

Agreement Illinois AIA Chicago 40