Best Practices Construction Law

NOVEMBER 21, 2019

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. Turner Construction Company , the U.S.

Contract 77

Contract Subcontracting Drafting Virginia 77

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

Best Practices Construction Law

FEBRUARY 21, 2018

Reading and understanding an insurance policy on a construction project can be a lot like understanding my kids playing Speak Out. This was a hard lesson learned by a contractor recently in Vivify Construction v. The winning team is the one that guesses the most phrases. Nautilus Insurance Co. , This ultimately negated coverage.

Insurance 54

Insurance Subcontracting Injury Construction 54

NH Construction Law

MARCH 24, 2018

Given the importance of nailing down any changes to an original scope of work along with their price and schedule effects, many construction contracts require change orders to be in writing, and even define change orders as written instruments. Turner Construction Co. , Section 7.2.1 Section 7.2.1 ” Prime Financial Group, Inc.

Change Orders 40

Change Orders Subcontracting Contract Claims 40

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 Dive

DECEMBER 5, 2012

By Bruce Jervis A construction schedule, however stated, is usually detailed and specific. It can also be used to support claims for delay and disruption. ” These clauses are common in subcontracts. A contractor may want flexibility in scheduling subcontracted work.

Schedule 48

Schedule Subcontracting Claims Agreement 48

Construction Marketing Ideas

MARCH 11, 2016

The Advise & Consult blog pulls together content from 23 experts in 15 states on a diversity of construction law issues. This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute.

Legal 48

Legal Consulting Subcontracting Industrial 48

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

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

Best Practices Construction Law

JUNE 21, 2016

Tully Construction Co. , 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. In Schindler v.

Claims 82

Claims Contract Legal New York 82

Levelset

APRIL 28, 2022

Construction is a risky business, with among the highest rates of failure of any industry. SDI helps general contractors cover the expenses that are incurred when a subcontractor fails to perform according to the terms of their agreement. LA Plumbing is providing plumbing work on the project, and their subcontract is worth $2 million.

Insurance 52

Insurance Contractors Claims ABC 52

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

Claims 63

Claims Liability Contract Contractors 63

NH Construction Law

MAY 28, 2018

Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. How does a GC protect itself? § 5.5(a)(6).)

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

NH Construction Law

MAY 20, 2023

When that is the case, can a general contractor with a pay-if-paid provision in its subcontracts hide behind that provision when the reason for owner nonpayment is the general contractor’s own default? Quinn Construction, Inc. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Lawyer

JANUARY 19, 2015

Inman Construction, No. Any claim arising out of or related to this Subcontract. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.

Contract 40

Contract Subcontracting Claims Drafting 40

NH Construction Law

MARCH 13, 2019

Many contracts specify that an owner may terminate a contractor, and many subcontracts specify that a contractor may terminate a subcontractor, either for cause (i.e., Steelwood Construction, Inc. , for breach) or for “convenience” (i.e., without breach). Shelter Products, Inc. 257 Or.App. 382, 307 P.3d

Subcontracting 40

Subcontracting Contract New Hampshire Contractors 40

Levelset

SEPTEMBER 12, 2022

Despite your best efforts to protect building materials, any number of things can happen during the course of construction. Let’s take a closer look at how installation floaters can help add additional protection to your construction projects. Business category : Some subcontracting businesses are more prone to losses than others.

Insurance 52

Insurance Liability Risk Materials 52

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

NH Construction Law

AUGUST 21, 2022

Wrongful termination will not only be a breach of contract giving the principal a claim for damages against the obligee, but it will forfeit the protection of the bond. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability. million,” id.

Liability 40

Liability Contract AIA Contractors 40

Construction Lawyer

MAY 2, 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.

Contract 40

Contract Illinois Legal Construction 40

NH Construction Law

JUNE 30, 2022

Delays on construction projects are as common as shells on the shore. 2d 781 (1954) (“The provision of the subcontract giving defendant the right to direct the sequence or general progress of work does not release it from liability for delay. ” Tricon Kent Co. Brown Company, Inc. Simmons Co., 2d 132, 140, 118 N.E.2d

Liability 40

Liability Contract Iowa Contractors 40

Pro Builder

JULY 20, 2021

The default provision says you will give the other side some notice (typically 48 hours or more) to fix the default, and if they don't adhere to this agreement, the contract can be terminated. For an owner, default usually is falling to pay when promised. . Yes, You Need One .

Contractors 98

Contractors Contract Legal Change Orders 98

NH Construction Law

APRIL 26, 2018

If the available space for construction gets compressed, workers who are confined by a tighter site or other physical obstacles they didn’t count on, or whose anticipated lay-down or staging areas are shifted to a more distant off-site location, will become less productive. Brooks , 121 N.H. But how is that sum calculated?

Lien 40

Lien Compensation Change Orders Subcontracting 40

Job Order Contracting

FEBRUARY 20, 2018

administration of the Job Order Contract (JOC), a Contract designed to provide the ORGANIZATION NAME with a flexible and responsive contractual capability in support of their renovation, repair, and minor new construction services needs. Subcontracts: Contractors may use the services of Subcontractors if noted in Contract. DEFINITIONS.

Contract 100

Contract Organization Change Orders Overhead 100

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. Notice Provisions. Indemnity Clauses.

Contract 56

Contract Change Orders Lien Contractors 56

Construction Lawyer

JULY 20, 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.

Illinois 40

Illinois Subcontracting Liability AIA 40

Pro Builder

AUGUST 5, 2022

Construction Jobsite Safety: Strategies and Resources for Worker Well-Being. Last year, members of Associated Builders and Contractors , a national trade association representing the nonunion construction industry, invested $1.6 Construction Worker Suicide: A Fragile Balance. Fri, 08/05/2022 - 07:00.

Safety 72

Safety Resource Injury Construction 72

Job Order Contracting

SEPTEMBER 25, 2017

What every Owner should know about Construction Delivery is that it affects success or failure more than any other element. At a broad level, the following Construction Delivery Methods are available to Owners… Traditional Delivery Method- Design-Bid-Build. Various Construction Management Delivery Methods. Unit Price.

Bidding 100

Bidding Construction Documentation Subcontracting 100

Construction Lawyer

MAY 21, 2009

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.

Lien 40

Lien Illinois AIA Chicago 40

NH Construction Law

JULY 31, 2021

​The time-honored method for parties to signify their agreement to a contract – a signature on a piece of paper – has had to adapt to the digital age, and the law has adapted with it. Those websites should be designed so as to minimize claims of surprise and lack of assent.

Contract 40

Contract New Hampshire Agreement New Jersey 40

Building Information Management

JULY 27, 2016

Standardizing the presentation of renovation, repair, maintenance, and new construction tasks and costs improves communication and collaboration among all parties, as well as helps to assure financial transparency/. Facility Construction Subgroup: Divisions 02 – 19. Preliminary Construction Schedule. 00 52 00 Agreement Forms.

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

Standardizing the presentation of renovation, repair, maintenance, and new construction tasks and costs improves communication and collaboration among all parties, as well as helps to assure financial transparency. . Facility Construction Subgroup: Divisions 02 – 19. Preliminary Construction Schedule. 00 52 00 Agreement Forms.

Equipment 40

Equipment Construction Schedule Concrete 40

Building Information Management

APRIL 24, 2016

Job Order Contracting enables a pre-qualified contractor(s) to perform repair, renovation, or minor construction of a facility or other form of built structure based on pre-described and pre-priced tasks as defined within a Unit Price Book – UPB. Asbestos and similar abatement may also be included if part of an overall project.

Contract 40

Contract Contractors Materials Site 40

Buisness Facilities Contributed Content

APRIL 15, 2014

It allows for the construction of roads, bridges, etc. Industrial Revenue Bonds: May be used as long-term financing of up to 100% of a project for: Acquisition of land, buildings, site preparation and improvements; Construction of buildings; Acquisition and installation of furnishings, fixtures and equipment; Capitalizable soft costs (e.g.,

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

SALES & USE TAX ABATEMENTS: Taxes on construction-related transactions, pollution control devices are exempt from sales and use taxes. MADE IN ALABAMA” JOB INCENTIVES ACT: Qualifying companies may receive a transferable income tax credit to offset import tariff costs during local construction process.

Income 75

Income Finance Zoning Equipment 75