Constructlaw

NOVEMBER 22, 2022

the designer), the Kadney Company (the general contractor), Vergnet (the turbine supplier), and two different site engineers: Prudent Engineering, and Ravi Engineering and Land Surveying (the engineers). The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment.

New York 52

New York Risk Claims Liability 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. 3d 347 (Fl.

Claims 54

Claims Miami Contract Liability 54

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

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?” Mechanical Contractors, Inc. 2020 WL 3527909 (June 29, 2020). 2d 871, 880 (Fla. ”); Lamar Homes, Inc. Mid-Continent Casualty Co. ,

Insurance 40

Insurance Liability Accidents Michigan 40

Construction Dive

JULY 23, 2014

By Bruce Jervis It has long been controversial: Should design professionals be directly liable to construction contractors for deficiencies in the drawings and specifications? On one hand, contractors necessarily rely on the design documents when bidding and performing the work. There are arguments on each side. ” Read more.

Drawings 60

Drawings Contractors Design Liability 60

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

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

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 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

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. The contractor and therefore the contractor’s liability insurer will be off the hook. ” Chase v.

Insurance 40

Insurance Liability Claims AIA 40

Best Practices Construction Law

OCTOBER 10, 2012

A contractor's recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. The Severin doctrine provides that a general contractor cannot sue an owner on behalf of one of its subcontractors to recover monies due to the subcontractor unless the general contractor is itself liable to the subcontractor.

Claims 48

Claims Rhode Island DOT Liability 48

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. The policies insure against personal injury or property damage caused by an occurrence during the contractor’s performance of the work. But do the policies cover the work itself?

Insurance 56

Insurance Contractors Liability Injury 56

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

APRIL 20, 2023

Army Corps of Engineers hired Relyant Global LLC to act as the prime contractor. 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. Relyant later terminated its subcontract with FE&C.

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

Karalynn also brought up the tendency of the industry to pass liability down the chain when drawing up contracts. Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. .” —Karalynn Cromeens, The Cromeens Law Firm. Let’s meet in the middle.

Contract 52

Contract Contractors Negotiation Subcontracting 52

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

Construction Lawyer

MAY 30, 2012

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors.

Liability 40

Liability Contractors Design Minnesota 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. In Kellogg Brown & Root Servs., million; and. million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

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. Liquidating Agreement. Sloan pg 17. See Carl A.

Agreement 57

Agreement Contract Insurance Construction 57

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

Levelset

SEPTEMBER 12, 2022

” You may already have an insurance policy that offers coverage for business property and general liability. Every contractor or sub purchases construction materials that eventually become part of the completed standing structure. Learn more – Builder’s Risk vs. General Liability for Contractors: What’s the Difference?

Insurance 52

Insurance Liability Risk Materials 52

Levelset

OCTOBER 20, 2022

This type of damage may leave electrical contractors unable to foot the bill. Why can an electrical contractor use insurance? You pay pennies on the dollar for coverage that could range into the millions for general liability (GL) insurance, for example. Which types of policies are available to electrical contractors?

Insurance 52

Insurance Liability Electrical Accidents 52

NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? Thus the liability of the company as surety is coextensive with that of the principal.” United States ex rel.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

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. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000. Weyerhaeuser Company, et al, pending in the U.S.

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. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000. Weyerhaeuser Company, et al , pending in the U.S.

Liability 120

Liability Maryland Green Agreement 120

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

NH Construction Law

JUNE 30, 2022

They can arise from contractor fault, owner fault, or to events beyond either party’s control – or any combination of these. Still, contracts excusing a party from liability for the harm he causes have never been favorites of the courts, which often show a willingness to entertain exceptions to the enforceability of such clauses.

Liability 40

Liability Contract Iowa Contractors 40

Construction Lawyer

FEBRUARY 28, 2014

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. The owner hired Pavarini as the general contractor. The owner and the general contractor filed cross-claims against SJ for indemnification.

Contract 40

Contract Contractors Insurance Accidents 40

Construction Lawyer

APRIL 3, 2012

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40

Claims Agreement Illinois Subcontracting 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

Contractor Bookkeeping

JUNE 15, 2012

New Contractor's Levels of Stress. You Quit Your Job - And started a construction business only to discover you need a contractor’s license and bond. Contractor's Licenses - Information changes rapidly so check online for your local county or contact us and we can help 206-361-3950 or email sharie@fasteasyaccounting.com.

Contractors 48

Contractors Insurance Claims Lien 48

Construction Law Monitor

JULY 20, 2011

You are in the business of leasing heavy equipment to contractors. 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. If the job is private and not public, you must also provide a copy of the lease to the contractor.

Leases 44

Leases Lien Louisiana Equipment 44

Construction Lawyer

NOVEMBER 11, 2007

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Limitation of Liability in new AIA Document. Here it is: § 8.1.3

Liability 40

Liability AIA Documentation Illinois 40

NH Construction Law

AUGUST 13, 2020

The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. A contractor's might or might not be; its lost profits on the contract breached will qualify as direct damages, but lost profits on concurrent or future projects will not. 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. A water infrastructure “asset owner” must reimburse MDE for costs incurred, and a lien must be established for nonpayment under specified circumstances. HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156

Maryland Commissioning Regulation Environment 156