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

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

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

Mr Ethics

AUGUST 24, 2016

Dear Mr. Ethics, What should we consider when entering a project contract with a code of conduct provision? If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Regards, Ethically Aware.

Liability 100

Liability Insurance Agreement Claims 100

Mr Ethics

AUGUST 24, 2016

Dear Mr. Ethics, What should we consider when entering a project contract with a code of conduct provision? If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Regards, Ethically Aware.

Liability 100

Liability Insurance Agreement Claims 100

Mr Ethics

AUGUST 24, 2016

Dear Mr. Ethics, What should we consider when entering a project contract with a code of conduct provision? If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Regards, Ethically Aware.

Liability 100

Liability Insurance 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

SEPTEMBER 23, 2022

At their core, insurance policies are agreements between two parties: the insurer and the policyholder. If a sub accidentally drops a steel beam on the project manager’s new sports car, that subcontractor’s liability insurance policy would likely cover the damage. General liability insurance.

Insurance 52

Insurance Liability Accidents Risk 52

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?” When the subcontractor installed the expansion joints in the steam boiler and related piping backwards, the heating system got damaged.

Insurance 40

Insurance Liability Accidents Michigan 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

Levelset

SEPTEMBER 6, 2022

In short, an additional insured is typically another business entity or person who can be added to your business policy, securing the same liability protection that you do. An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. What is an additional insured?

Insurance 52

Insurance Liability Construction Contract 52

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. If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. Why a certificate of insurance matters.

Insurance 52

Insurance Certification Contractors Liability 52

Mr Ethics

NOVEMBER 30, 2015

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. Even if a ruling is unbiased a perception is still going to be that you were covering an exposure of liability that you committed.

Liability 100

Liability Utah Agreement Claims 100

Mr Ethics

NOVEMBER 30, 2015

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. Even if a ruling is unbiased a perception is still going to be that you were covering an exposure of liability that you committed.

Liability 100

Liability Utah Agreement Claims 100

Mr Ethics

NOVEMBER 30, 2015

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. Even if a ruling is unbiased a perception is still going to be that you were covering an exposure of liability that you committed.

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 52

Liability Agreement Drafting Insurance 52

Constructlaw

FEBRUARY 7, 2023

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

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. But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc.

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. But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc.

Liability 120

Liability Maryland Green Agreement 120

NH Construction Law

DECEMBER 19, 2020

For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. citations omitted] By its terms the bond insured the faithful performance of the contract. Thus the liability of the company as surety is coextensive with that of the principal.” United States ex rel. Walton Technology v.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

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

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 Dive

JULY 23, 2014

On the other hand, the design professional contracts with the project owner, not the constructors. The designer’s responsibilities – and liabilities – are to the owner. The court said risk and responsibility on construction projects is customarily allocated by a chain of contracts. ” Read more.

Drawings 55

Drawings Contractors Design Liability 55

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

NH Construction Law

JUNE 30, 2022

Contracting parties contemplate the possibility of delays, and often include contract language to address them – sometimes with clauses precluding a contractor from any monetary compensation for delays, even owner-caused delays. Several states even have statutes disallowing such clauses in the public contract setting.

Liability 40

Liability Contract Iowa Contractors 40

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

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

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. Architects and contractors are often asked to include similar indemnification clauses in their contracts.

Contract 40

Contract Contractors Insurance Accidents 40

Construction Lawyer

APRIL 3, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Sabo & Zahn LLC is an Illinois Limited Liability Company. Federal Court dismisses subs claim against GC because of arbitration provision. million.

Claims 40

Claims Agreement Illinois Subcontracting 40

Levelset

JULY 21, 2022

For example, contract bonds — like payment or performance bonds — are project-specific bonds that protect the property owner and subcontractors. A contractor bond is a three-party agreement. In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts.

Contractors 52

Contractors Claims Oregon Residential 52

Levelset

SEPTEMBER 12, 2022

” You may already have an insurance policy that offers coverage for business property and general liability. Frequently, the terms of a construction contract require that a sub be named as an additional insured on the contractor’s general liability policy. But, therein lies the rub. .

Insurance 52

Insurance Liability Risk Materials 52

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

MAY 30, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors. Sverdrup no longer exists.

Liability 40

Liability Contractors Design Minnesota 40

NH Construction Law

AUGUST 13, 2020

In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach). In Mentis Sciences, Inc. 3d 799, 808, 11 N.E.3d

Profitability 40

Profitability Contract Liability Bargains 40

Green Building Law Update

APRIL 7, 2020

The bill also establishes liability protections for MDE and the State. It is unclear how this impacts State enforcement of these toxic groundwater contaminants through the Clean Water Act and Safe Drinking Water Act as well as State liability? HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156

Maryland Commissioning Regulation Environment 156

Construction Lawyer

MARCH 16, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Sabo & Zahn LLC is an Illinois Limited Liability Company. He has handled all facets of litigation from pleading to motion practice to discovery to trial.

Contract 40

Contract Illinois AIA Chicago 40

Construction Law Monitor

JULY 20, 2011

Chances are you are stuck in rough spot and have to defer to your contract for remedy. 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. You just hit your first snag with payment. What do you do?

Leases 44

Leases Lien Louisiana Equipment 44