Job Order Contracting

JULY 28, 2021

California Contractor Tests the Bounds of Job Order Contracting. When entering into a JOC contract, a JOC contractor agrees to perform work at prices set forth in a Construction Task Catalog also known as a unit price book which includes current local labor, material and equipment costs. Torres Construction Corp.,

Contract 130

Contract Negotiation Los Angeles Estimating 130

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. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R. brought suit in the Court of Federal Claims on the TO 26 claim.

Agreement 52

Agreement Claims Contract United States 52

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

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

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

Best Practices Construction Law

JANUARY 22, 2018

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. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

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

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

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 57

Drawings Contractors Design Liability 57

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

Pro Builder

JULY 20, 2021

The Best Way for Trade Contractors to Stay Out of the Courtroom. The best way for specialty trade contractors to stay out of the courtroom is to manage their clients’ expectations. Contract Essentials for Building Trade Contractors. Trade Contractors. Tue, 07/20/2021 - 07:00. Karalynn Cromeens. Labor Woes? Project Scope.

Contractors 98

Contractors Contract Legal Change Orders 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. Liquidating Agreement. Sloan pg 17. See Carl A.

Agreement 57

Agreement Contract Insurance Construction 57

Job Order Contracting

JANUARY 5, 2017

This course teaches students strategies and procedures for technical discussion and negotiation with contractors in the JOC task order process. The students will understand the overall process of contract changes, modifications, and claims processes in accordance with the FAR and AFARS. DPW JOB ORDER CONTRACTING ADVANCED.

Contract 100

Contract Negotiation Office Agreement 100

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. The developer then brought a third-party action against the architect and general contractor.

Claims 40

Claims Illinois Agreement AIA 40

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

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

Federal Construction Contracting Blog

SEPTEMBER 15, 2021

provides contractors with yet another cautionary tale when executing modifications with the government: make sure you fully understand the consequences of what you are gaining (and possibly losing). Because the government maintained that Odyssey had released the micropile claim, Odyssey appealed the matter to the ASBCA.

Claims 52

Claims Contract Foundation Bidding 52

Construction Dive

FEBRUARY 6, 2013

By Bruce Jervis Sometimes final written contract documents are not consistent with prior negotiations or solicitations. A private project owner may alter equipment specifications without calling the change to the attention of the contractor.

Contract 48

Contract Negotiation Agreement Claims 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 52

Liability Agreement Drafting Insurance 52

Job Order Contracting

MAY 31, 2017

Job Order Contracting is a multiple party, collaborative win-win agreement between a real property owner and the service provider(s), as such JOC Program management should not be outsourced to a third party, such as JOC consultant. Assure internal cost estimates are created when required and compared to JOC contractor estimates.

Contract 100

Contract Management Life Cycle Estimating 100

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

Green Building Law Update

JULY 27, 2014

the general contractor responsible for construction of the Mitchell Park library, a proposed LEED Platinum 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.

Documentation 120

Documentation Certification Contract California 120

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. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Specifier

JUNE 19, 2020

Several adverse consequences may occur if the Division 00 documents—especially the owner-contractor agreement and general and supplementary conditions—are not well-coordinated with the specifications of Divisions 01-49. The same thing can happen when negotiating changes in the contract price during construction.

Documentation 52

Documentation Drafting Contract Claims 52

Job Order Contracting

OCTOBER 18, 2016

If an existing eligible requirements contract totally covers the job order’s work requirement, the work may be awarded to the Contractor holding that contract. The Contractor’s requirement for plans, sketches, shop drawings, as-builts, etc. This target may be modified after the Contractor has prepared a detailed proposal.

Contract 100

Contract Procurement Negotiation Project Management 100

Levelset

SEPTEMBER 6, 2022

An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. Subcontractors, for instance, will benefit from some of the same coverages a general contractor realizes. The policyholder will also have certain duties to perform if an insurance claim is incurred and reported.

Insurance 52

Insurance Liability Construction Contract 52

Best Practices Construction Law

MAY 20, 2016

In other words, you are negotiating about who takes the risk on a particular issue. For instance, the risk of performance is traditionally placed on the contractor, while the risk of payment is traditionally placed on the owner. According to the court, this put the risk of rate increases on the contractor. In DG21, LLC v.

Risk 69

Risk Materials Contract Contractors 69

Job Order Contracting

FEBRUARY 20, 2018

It is also expected that during certain time of the year project loads may be significantly higher and contractor staffing should reflect these needs. The Contractor must take these costs into account when proposing the. UPB rate and the Contractor’s multiplier. authorization. authorization. exceed $XXXXXXX.

Contract 100

Contract Organization Change Orders Overhead 100

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

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. Converteam SAS has held that under the New York Convention, only a party to a signed arbitration agreement can compel arbitration.

Claims 40

Claims Insurance Bankruptcy Legal 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. Contracts between prime/general contractors and their subcontractors make up a vital link in the construction project chain.

Contract 56

Contract Change Orders Lien Contractors 56

Contractor Bookkeeping

JUNE 20, 2014

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. 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.

Insurance 48

Insurance Construction Accounting Claims 48

Contractor Bookkeeping

JANUARY 2, 2015

New Contractor''s Have horrendous Levels of Stress. Did You Quit Your Job - And start your own construction company only to discover you need a contractor’s license and bond. No work should ever be performed based on verbal agreements. 20% Of The Contractors Earn And Keep 80% Of The Profits. Now that can be stressful!

Construction 48

Construction Insurance Accounting Claims 48

Help Everybody Everyday

MARCH 6, 2009

Contracts are an agreement signed by your firm and a client that sets the rules for the work to be done. “No damages for delay” clauses that remove your ability to claim actual damages for delay beyond your control and imposed by an upstream party. Final payment as a waiver of all claims. Mandatory arbitration.

Contract 48

Contract Claims Legal Lien 48

Construction Lawyer

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

Contract 40

Contract Illinois Legal Construction 40