Levelset

MAY 16, 2022

In Pennsylvania, contractors working on residential projects need to be aware of the Pennsylvania Home Improvement Consumer Protection Act. The Act establishes a registration program for home improvement contractors, along with required contract provisions, minimum insurance coverage, and more. Project details.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Levelset

APRIL 28, 2022

In recent years, inflation, supply chain issues, and labor shortages have only increased the likelihood of project delays, performance issues, and contractor default. While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC.

Insurance 52

Insurance Contractors Claims ABC 52

Levelset

JULY 21, 2022

In order to perform construction work, many states require contractors to be “licensed and bonded.” Well, every state sets its own rules for contractor licensing, and contractors often must purchase a surety bond in order to legally practice their trade. What is a contractor license bond? What does that mean?

Contractors 52

Contractors Claims Oregon Residential 52

Best Practices Construction Law

JUNE 14, 2022

And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to your lien rights. The statute provides: (a) Provisions in lien waivers, releases, construction agreements as defined in G.S. 22B-1(f)(1), or design professional agreements as defined in G.S.

North Carolina 62

North Carolina Lien Agreement Claims 62

Best Practices Construction Law

SEPTEMBER 23, 2020

22, 2020) (PDF) , the United States District Court for the District of Maryland held that a construction contractor had waived certain payment obligations by accepting late payments without, but that it did not waive the same payment obligations with respect to future payments. The Town of Sudlersville, Maryland (Sept. The contract.

Contractors 62

Contractors Contract Agreement Maryland 62

Levelset

MAY 20, 2022

With this much focus on infrastructure, contractors nationwide should be ready to take advantage of the opportunity to work on big government projects, which makes keeping on top of individual states’ requirements for payment protection an absolute necessity. Payment protection on Texas public projects. The main difference?

Texas 52

Texas Claims Contract Legal 52

Levelset

JUNE 13, 2022

In the State of New York, contractors working on certain residential projects need to have a good understanding of the NY Home Improvement Contracts Act. Here’s what NY residential contractors must include (and what can’t be included) in a New York home improvement contract. Law §395-A.

New York 52

New York Contract Residential Contractors 52

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

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. The mechanical subcontractor filed suit against the prime contractor for $2.7m

Compensation 97

Compensation Lien Claims North Carolina 97

Levelset

OCTOBER 13, 2022

To help your business remain viable, contractor’s insurance should be a crucial part of your financial strategy. Insurance also puts other parties’ minds at ease when they want to hire you as a specialty contractor. If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement.

Insurance 52

Insurance Certification Contractors Liability 52

Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment.

Claims 83

Claims Mississippi Legal Compensation 83

Federal Construction Contracting Blog

MAY 9, 2022

Sometimes subcontractors have a positive relationship with the prime contractor and resolve the issue amicably. However, when the parties cannot reach an agreement, the subcontractor faces financial turmoil. Instead, the subcontractor must pursue its claims via the Miller Act.

Claims 52

Claims Contract Lien Materials 52

Levelset

FEBRUARY 18, 2022

In Minnesota, prevailing wage laws apply to state-funded construction projects that are over $2,500 with one trade contractor or over $25,000 with more than one trade contractor. Prevailing wage rates are often higher than what most contractors pay their workers. Types of projects where Minnesota prevailing wages apply.

Minnesota 52

Minnesota Contractors Cash Flow Finance 52

Construction Marketing Ideas

MARCH 11, 2016

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. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

Pro Builder

JULY 20, 2021

The Best Way for Trade Contractors to Stay Out of the Courtroom. You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. The best way for specialty trade contractors to stay out of the courtroom is to manage their clients’ expectations. Trade Contractors. Karalynn Cromeens.

Contractors 98

Contractors Contract Legal Change Orders 98

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Industry-specific legal concepts.

Construction 52

Construction Claims Contractors US 52

Best Practices Construction Law

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The Contract.

Claims 118

Claims Compensation Contract Contractors 118

Levelset

APRIL 8, 2022

Restoration contractors often work on a property after damage from a storm, fire, or other natural disaster. 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. Insuring agreement. Is restoration work covered by the policy?

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

Restoration contractors often work on a property after damage from a storm, fire, or other natural disaster. 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. Insuring agreement. Is restoration work covered by the policy?

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

JUNE 3, 2022

Construction contractors face potential loss with each project they take on. When a loss occurs, it can put a real crunch on a contractor’s cash flow. Project loss insurance has the potential to save contractors from devastating project losses, no matter the cause. It also helps contractors manage cash flow during a loss.

Insurance 52

Insurance Cash Flow Claims Contractors 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.

Banking 40

Banking Inspections Construction Lien 40

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. certifications and/or lien waivers) to the prime contractors to obtain payment. Mass) (Dec.

Lien 71

Lien Claims Massachusetts Contract 71

Autodesk Construction Cloud

NOVEMBER 15, 2021

Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. For this reason, construction professionals must find better ways to craft and negotiate agreements. The GC then hires contractors, which is where the subcontractor agreement comes into play.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Levelset

SEPTEMBER 23, 2022

General contractors know these risks when they take the role. But what if the general contractor isn’t at fault, and a subcontractor is to blame? Does a general contractor’s insurance cover their subcontractors’ accidents or mistakes? The car owner can’t go after a different contractor’s insurer for the damage.

Insurance 52

Insurance Liability Accidents Risk 52

Construction and Infrastructure Law

FEBRUARY 6, 2018

The new law puts the onus on direct contractors to not only monitor their own payroll practices, but to ensure that their subcontractors and lower tier subcontractors are engaging in proper payroll practices. AB 1701 does not afford individual workers a direct right to sue contractors. Section 2810.3

California 49

California Contractors Liability Employment 49

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” Like every legal question, the answer is: It depends! Tully Construction Co. ,

Claims 82

Claims Contract Legal New York 82

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

NH Construction Law

NOVEMBER 25, 2022

It is common in construction litigation for contractors suing owners to assert a right to recover damages for more than just a breach of contract. Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” ” Petrie-Clemons v. See Dinan v.

Equity 40

Equity Legal Contract New Hampshire 40

Best Practices Construction Law

APRIL 28, 2015

In the legal world, words have meaning. Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. This Agreement becomes a part of the Contract when properly executed and approved.

Change Orders 48

Change Orders Claims Compensation Contract 48

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

Constructlaw

FEBRUARY 7, 2023

The builder’s risk carriers — subrogated to the rights of the owner — then sued the prime contractor, its subcontractor, and sub-subcontractor for negligence. 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.

Louisiana 52

Louisiana AIA Insurance Contract 52

Levelset

MARCH 30, 2022

Mechanics liens are among the most powerful tools for contractors to ensure they get paid what they’ve earned on a construction project. In Texas, contractors must send multiple notices and meet strict deadlines to preserve their right to a lien if they need to file one. General contractor requirements.

Lien 52

Lien Texas Residential Claims 52

Best Practices Construction Law

NOVEMBER 21, 2019

Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. 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.

Contract 77

Contract Subcontracting Drafting Virginia 77

Best Practices Construction Law

AUGUST 10, 2017

As an example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, or (3) failure to carry out the Work in accordance with the Contract Documents.”.

Contract 79

Contract Agreement Virginia Construction 79

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

Best Practices Construction Law

NOVEMBER 6, 2019

The Supreme Court of Vermont recently held that the conditions attached to a contractor’s payment of retainage to a subcontractor violated the state’s Prompt Pay Act. When the subcontractor was delayed, it submitted claim for $42,00 for the 21 days of delay damages. ” The contractor did not reply.

Vermont 54

Vermont Lien Claims Negotiation 54

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Claims 40

Claims Agreement Illinois Subcontracting 40