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

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

Construction Marketing

JULY 11, 2022

If you learn that you need to purchase a surety bond to work as a contractor or to enter into a contract to perform work on a project, here is some information you should know about surety bonds and how they work for contractors. The second category of bonds you will likely encounter as a contractor is contract bonds. Bond Types.

Contractors 156

Contractors Legal Bidding Contract 156

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. involved an IDIQ contract for renovation work at Langley Air Force Base. appealed to the Armed Services Board of Contract Appeals (ASBCA). In its recent decision in T.H.R.

Agreement 52

Agreement Claims Contract United States 52

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

Construction Lawyer

SEPTEMBER 3, 2014

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. Some time later, the architect drafted an AIA contract which the owner marked up with various changes. The architect did not accept any of the changes and the AIA contract was never signed.

Agreement 45

Agreement Claims AIA Contract 45

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

NH Construction Law

NOVEMBER 30, 2020

in the United States District Court for any district in which the contract was to be performed and executed.” Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. What if the parties’ contract calls for arbitration?

Claims 40

Claims Subcontracting United States Contract 40

Job Order Contracting

JANUARY 5, 2017

Additional DPW Job Order Contracting Courses. The below additional DPW Job Order Contracting Courses have limited availability. DPW JOB ORDER CONTRACTING ADVANCED. The students will understand the overall process of contract changes, modifications, and claims processes in accordance with the FAR and AFARS.

Contract 100

Contract Negotiation Office Agreement 100

Job Order Contracting

MAY 31, 2017

Roles and responsibilities of a job order contracting program manager are both diverse and key to overall success. Job Order Contracting Program Manager. Let’s take a look at the roles and responsibilities of a job order contracting program manager. The post Job Order Contracting Program Manager appeared first on 4BT.

Contract 100

Contract Management Life Cycle Estimating 100

NH Construction Law

JULY 22, 2023

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. In Costa v. Brait Builders Corp. , 2d 279 (Ga.

Subcontracting 40

Subcontracting Contract Contractors New Hampshire 40

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 owner and contractor entered into an AIA Contract for the construction management services. Lessons learned.

Contractors 62

Contractors Agreement Banking AIA 62

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

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 But there was a problem.

Claims 48

Claims South Dakota Drafting Agreement 48

cnstrctr

JANUARY 4, 2020

A construction contract is a tool that you can use to help outline these requirements. What exactly is a construction contract, how can it be used and what are the different types? A construction contract is a document that outlines the roles and responsibilities between two or more parties on a project. Lump Sum Contracts.

Contract 88

Contract Construction Finance Documentation 88

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. Economic losses flowing from fraud related to such a contract are not recoverable.

Colorado 52

Colorado Tennessee Claims Contract 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. The Disputes. The Holding.

Claims 48

Claims Contract Agreement Massachusetts 48

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. And you don’t always mean what you say. Bankers Ins.

Contract 79

Contract Agreement Virginia Construction 79

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

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

JULY 6, 2020

The United States Civilian Board of Contract Appeals (the “Board”) recently issued a decision that may be particularly pertinent in light of the COVID-19 pandemic. 2 The contract included all necessary labor, materials, equipment, and services. 2 The contract included all necessary labor, materials, equipment, and services.

Claims 52

Claims Contract United States Site 52

Best Practices Construction Law

SEPTEMBER 5, 2018

Many times, the parties’ contract will dictate whether the contractor can recover delay damages or will be limited to a time extension for delays beyond the contractor’s reasonable control. The general contractor in McLeod filed a malpractice action against the architect on a public contract for the City of Miami. In Perez-Gurri v.

Claims 54

Claims Miami Contract Liability 54

Federal Construction Contracting Blog

DECEMBER 9, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. As a result, the contractor submitted several requests for contract adjustments based on the increased price quotes of the vendor.

Contractors 52

Contractors Contract Defense Claims 52

Best Practices Construction Law

MARCH 17, 2021

And there are times when parties to a construction contract face a goocher. Khan Comfort, LLC , the Supreme Court of South Dakota held that a missing time element in a construction contract did not invalidate the contract. In other words, the court found that a contract existed—i.e., Here’s what I mean… In J.

Contract 62

Contract South Dakota Documentation Construction 62

Fieldwire

AUGUST 14, 2023

It’s fairly common, especially on commercial and public construction projects, and typically ranges from 5 - 10% of the total contract price. So on a $100,000 contract with 10% retainage, the contractor doesn’t have to fork over ten grand at the beginning. Instead, the contractor will deduct the retainage from each payment application.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

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). 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

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

Contract 52

Contract Contractors Negotiation Subcontracting 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

Job Order Contracting

FEBRUARY 20, 2018

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. The JOC will remain in effect for one year from date of contract award.

Contract 100

Contract Organization Change Orders Overhead 100

Best Practices Construction Law

SEPTEMBER 23, 2020

The contract. 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. The Town of Sudlersville, Maryland (Sept.

Contractors 62

Contractors Contract Agreement Maryland 62

Job Order Contracting

OCTOBER 18, 2016

JOB ORDER CONTRACTING (JOC) Operations Manual. The work management office also completes a desk estimate of the project cost to help determine the best method for executing the work request (in-house shops, competitively bid individual contracts or JOC). Contract Administration Functions. Contract Inspection Functions.

Contract 100

Contract Procurement Negotiation Project Management 100

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 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

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

JULY 31, 2015

I’ve tried both and prefer a third: Contracts, which do not entertain, do not convey information or ideas, and do not try to persuade. ” In the world of commercial real estate and construction contracts, Siviglia hit the nail on the head. Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J.

Contract 48

Contract Drafting Claims Agreement 48