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.

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Agreement Claims Contract United States 52

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. Assure ongoing training for all JOC participants.

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Contract Management Life Cycle Estimating 100

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.

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Contract Contractors Negotiation Subcontracting 52

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.

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Contract Procurement Negotiation Project Management 100

Green Building Law Update

NOVEMBER 5, 2017

The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.

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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.

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Colorado Tennessee Claims Contract 52

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.

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Contract Organization Change Orders Overhead 100

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.

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Lien Claims Massachusetts Contract 71

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.

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Claims Miami Contract Liability 54

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.

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Agreement Contract Insurance Construction 57

Construction Dive

FEBRUARY 6, 2013

By Bruce Jervis Sometimes final written contract documents are not consistent with prior negotiations or solicitations. If a party signs a contract unaware of altered provisions, there is a problem. The “parol evidence” rule mandates that an unambiguous written agreement must speak for itself.

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Contract Negotiation Agreement Claims 48

Best Practices Construction Law

NOVEMBER 21, 2019

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. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors.

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Contract Subcontracting Drafting Virginia 77

Civil Lead

APRIL 22, 2020

When we are planning to construct a building or house the first question comes in our mind is we have to give a material contractor or labour contract. Whereas in the material contract all materials and labour required for the construction are supplied by the contractor. While the contractor may or may not do that.

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Contract Materials Housing Bargains 52

NH Construction Law

FEBRUARY 25, 2023

Owner/borrowers like it as well; preventing the contractor from getting ahead of them in payments incentivizes proper contract performance, and a set of professional eyes to determine whether the contractor’s draw requests are justified is a welcome feature. Nor does a negligence claim against the inspector appear promising.

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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. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation.

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Insurance Contractors Lien Claims 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.

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Liability Agreement Drafting Insurance 90

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

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Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

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Insurance Claims Agreement Lien 52

Construction Lawyer

FEBRUARY 3, 2014

In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification. contracts litigation'

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Claims Illinois Agreement AIA 40

Federal Construction Contracting Blog

SEPTEMBER 15, 2021

The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Odyssey International, Inc. Army Corps of Engineers (the government) contracted for the construction of a building at an Army depot in Pennsylvania. Thus, in executing the later bilateral modification, Odyssey released its micropile claims.

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Claims Contract Foundation Bidding 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

Green Building Law Update

JULY 27, 2014

A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. With a performance bond in place, the City and the surety announced in early March that they has negotiated a takeover agreement that will allow a new contractor to complete construction.

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Documentation Certification Contract California 120

Best Practices Construction Law

NOVEMBER 6, 2019

the dispute involved the parties’ separate agreement wherein the contractor committed to pay the subcontractor for delay damages that were beyond the subcontractor’s reasonable control. When the subcontractor was delayed, it submitted claim for $42,00 for the 21 days of delay damages. Wright & Morrisey, Inc. ,

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Vermont Lien Claims Negotiation 54

Construction Specifier

JUNE 19, 2020

A great example of the latter is when architects and engineers preparing construction documents are allowed to employ their own standard specifications for a project, but need to use the owner’s own, possibly unique documents for Division 00–Procurement and Contracting Requirements. Increased potential for changes, claims, and disputes.

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Documentation Drafting Contract Claims 52

Construction Dive

JULY 23, 2014

On the other hand, the design professional contracts with the project owner, not the constructors. The court said risk and responsibility on construction projects is customarily allocated by a chain of contracts. Liability in negligence to non-contracting parties would upset this carefully negotiated balance.

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Drawings Contractors Design Liability 56

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. The shorter, easier, and more concise a contract is, the better it protects you.

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Contractors Contract Legal Change Orders 98

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. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. LEXIS 46151 (W.Dist. million.

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Claims Agreement Illinois Subcontracting 40

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.”

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Contractors Bargains New Hampshire Contract 40

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. Prime/Subcontractors Contracts.

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Contract Change Orders Lien Contractors 56

Best Practices Construction Law

MAY 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?

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Risk Materials Contract Contractors 69

Levelset

SEPTEMBER 6, 2022

An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. There are several related terms that are commonly confused in insurance policies and construction contracts. AI endorsements are often required as part of the construction contract.

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Insurance Liability Construction Contract 52

Help Everybody Everyday

MARCH 6, 2009

As a Principal, Business Developer, or someone who is responsible for bringing in business for your construction firm, you are very likely to come across contracts. Contracts are an agreement signed by your firm and a client that sets the rules for the work to be done. Final payment as a waiver of all claims.

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Contract Claims Legal Lien 48

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. Mealey’s: What, if any, events had an impact on the global economy that have led to increased filings?

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Claims Insurance Bankruptcy Legal 40

CivilJungle

AUGUST 8, 2022

Sale Agreement. The sale agreement documents carry all crucial facts about the land ownership and the customer and dealer. Only after the sale agreement can we tell the sale of custody becomes finished. Mother Agreement. A deed represents the right of the owner to claim the property. Home purchase contracts.

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Documentation Legal Certification Agreement 52

Revit OpEd

DECEMBER 22, 2017

On December 15, 2017, Congressional Leaders announced that the conferees appointed by both the House and the Senate reached an agreement to reconcile differences between the House’s version of the Tax Cuts and Jobs Act (the “House Bill”) with the Senate’s version of the Tax Cuts and Jobs Act and unveiled the text of a final bill (the “Tax Bill”).

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Employment Compensation Agreement Income 85

Construction Lawyer

MAY 2, 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. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Mortenson won the issue.

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Contract Illinois Legal Construction 40

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Contracts - We recommend seeking the advice of a qualified construction attorney to put together a contract that fits your specific needs.

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Insurance Construction Accounting Claims 48