Construction Superintendent Magazine

NOVEMBER 17, 2015

The American Institute of Architects launched new contract documents. These include a new owner/consultant agreement, as well as six new administrative forms for use on design-build projects. This agreement contains basic business terms related to copyrights and licenses, claims and disputes, termination or suspension and compensation.

Documentation 40

Documentation Contract AIA Agreement 40

Construction Dive

FEBRUARY 12, 2015

Most often, a disputed change order request or claim for extra costs on a construction project will require one or more negotiation sessions between the contractor and owner to arrive at the final cost and time impact. Negotiation offers the last and best opportunity to settle a dispute without resorting to arbitration or litigations.

Negotiation 48

Negotiation Claims Change Orders Agreement 48

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. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

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.

Lien 71

Lien Claims Massachusetts Contract 71

Construction Dive

OCTOBER 2, 2013

By Bruce Jervis Construction contracts sometimes establish one party to the agreement as the sole arbiter of all claims or disputes under the contract. It is common for an employee or agent of one party, usually the project owner, to serve as the initial gatekeeper of claims.

Claims 56

Claims Contract Agreement Documentation 56

Constructlaw

JULY 12, 2022

(collectively DonRob) agreed to sell, and 360 Residential LLC, 360 Sugar Hill LLC, and 360 Capital Company LLC, (collectively 360) agreed to purchase 12 acres (Site) of a 37-acre parcel of property in Sugar Hill, GA (the Agreement). Between the Agreement date and the scheduled closing date, the parties’ relationship deteriorated.

Contract 52

Contract Liability Agreement Georgia 52

Constructlaw

DECEMBER 1, 2022

RKI contracted with Ameriflow Energy Services LLC and Crescent Services LLC through two master service agreements (MSAs) and a series of work orders. Notably, it was unclear whether Crescent supplied those services under a subcontract agreement with Ameriflow or whether the two entities were somehow affiliated.

Texas 52

Texas Claims Contract Agreement 52

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. Conflicting requirements.

Documentation 52

Documentation Drafting Contract Claims 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.

Insurance 52

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.

Insurance 52

Insurance Claims Agreement Lien 52

Mr Ethics

APRIL 23, 2014

The bid documents and contract requires us to warrant we are licensed in the project state. If this occurs not only would you be in breach of the agreement but you may not be able to avail yourself of the judicial system of the project state in a claim situation. Regards, Paul. Become compliant before the bid is due.

Bidding 100

Bidding Claims Agreement Contract 100

Mr Ethics

APRIL 23, 2014

The bid documents and contract requires us to warrant we are licensed in the project state. If this occurs not only would you be in breach of the agreement but you may not be able to avail yourself of the judicial system of the project state in a claim situation. Regards, Paul. Become compliant before the bid is due.

Bidding 100

Bidding Claims Agreement Contract 100

Mr Ethics

APRIL 23, 2014

The bid documents and contract requires us to warrant we are licensed in the project state. If this occurs not only would you be in breach of the agreement but you may not be able to avail yourself of the judicial system of the project state in a claim situation. Regards, Paul. Become compliant before the bid is due.

Bidding 100

Bidding Claims Agreement Contract 100

NH Construction Law

FEBRUARY 25, 2023

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle. Don’t count on it. In Coachman Estates of Barrington, LLC v.

Banking 40

Banking Inspections Construction Lien 40

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'

Claims 40

Claims Illinois Agreement AIA 40

Best Practices Construction Law

JUNE 4, 2019

Another court took a similar approach last week, finding that a casually written email by an attorney can constitute a settlement agreement. that an exchange of emails with a mediator can constitute a binding settlement, even if the parties nevre signed a written agreement.

Agreement 61

Agreement Contract Drafting Claims 61

Levelset

OCTOBER 13, 2022

If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. A COI may include a waiver of subrogation endorsement that basically asks your insurance company to pay an insurance claim, while giving up the ability to recover (or subrogate) damages from the party that actually caused the problem.

Insurance 52

Insurance Certification Contractors Liability 52

Job Order Contracting

JULY 28, 2021

B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work. JOC Contract: Enforceable Contract or Mere Agreement to Negotiate.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Federal Court dismisses subs claim against GC because of arbitration provision. LEXIS 46151 (W.Dist.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Dive

APRIL 9, 2014

By Bruce Jervis Architectural and engineering service agreements commonly call for the design professional to deliver design documents that comply with all applicable building codes. Is this something different from or more than the customary duty to exercise professional due care? It is a question few pause to ask.

Design 53

Design Change Orders Agreement Claims 53

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. Review and assure that cost data, specifications, documents, tools and procedures are timely and appropriate.

Contract 100

Contract Management Life Cycle Estimating 100

NH Construction Law

MARCH 26, 2022

of ConsensusDocs 200 – Standard Agreement and General Conditions Between Owner and Constructor. .” of ConsensusDocs 200 – Standard Agreement and General Conditions Between Owner and Constructor. The basic one is found in Section 3.5.1, ” Almost identical language is found in Section 3.8.1 ” Section 3.9.1

Contract 40

Contract EJCDC Documentation Claims 40

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

Constructlaw

SEPTEMBER 10, 2020

One additional outcome of this, that everyone needs to understand from the very beginning of a project, is the need to document everything — absolutely everything. It is easier to be successful in your claim if it is well-documented. This was true before COVID-19, but now is even more critical.

Industrial 52

Industrial Union Contract Claims 52

Job Order Contracting

JANUARY 5, 2017

The students will understand the overall process of contract changes, modifications, and claims processes in accordance with the FAR and AFARS. The underlying themes through all the modules of the course emphasize a cooperative working agreement between contractor and government; efficient and timely processing and completion of.

Contract 100

Contract Negotiation Office Agreement 100

Levelset

SEPTEMBER 23, 2022

At their core, insurance policies are agreements between two parties: the insurer and the policyholder. However, the types of policies and their limits (the maximum amount claims can pay out) are limited. The contractor (policyholder), the property owner, or a third party unrelated to the problem may file a claim against the policy.

Insurance 52

Insurance Liability Accidents Risk 52

NH Construction Law

OCTOBER 1, 2022

Whether a BIM model is considered a Contract Document required to be followed is a matter for agreement among the project participants. In the absence of agreement on the point, ordinary contract principles will determine whether a party’s reliance on a BIM model furnished by the other party is reasonable.

Modeling 40

Modeling BIM Contract Documentation 40

Best Practices Construction Law

APRIL 28, 2015

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. In the legal world, words have meaning.

Change Orders 48

Change Orders Claims Compensation Contract 48

Best Practices Construction Law

MARCH 17, 2021

However, there were numerous written documents such as a proposal, invoices, and change orders that had been either signed by or transmitted between the parties. Based upon those documents, the trial court held that there was not an express written contract, but that there was a series of implied-in-fact contracts between the parties.

Contract 62

Contract South Dakota Documentation Construction 62

Levelset

JUNE 3, 2022

When a loss occurs that will exceed the deductible and copay, the contractor submits a notice of claim to the insurance company. The insurer starts a claim on their end and assigns a claim professional. The contractor submits a detailed, sworn proof of loss with supporting documents. There is a high deductible and copay.

Insurance 52

Insurance Cash Flow Claims Contractors 52

Construction Dive

JULY 23, 2014

On one hand, contractors necessarily rely on the design documents when bidding and performing the work. A contractor “must look to its agreement with the owner for damages if the project is not as represented.” There are arguments on each side. ” Read more.

Drawings 56

Drawings Contractors Design Liability 56

Levelset

MARCH 30, 2022

This is a 2-3 page document that outlines a homeowner’s rights and best practices for handling a construction project. In addition, except for the required 10 percent reservation, you are not liable to a subcontractor or supplier for any amount paid to your contractor before you received written notice of the claim.

Lien 52

Lien Texas Residential Claims 52

Autodesk Construction Cloud

JUNE 3, 2022

Construction documents help keep your projects organized and guide the construction process from start to finish. Having access to these construction documents puts information into the hands of the right people at the right time, so decisions can be made quickly and action can be taken to finish projects on time and within scope. .

Documentation 98

Documentation Construction Schedule Permits 98

Construction Dive

FEBRUARY 6, 2013

By Bruce Jervis Sometimes final written contract documents are not consistent with prior negotiations or solicitations. The “parol evidence” rule mandates that an unambiguous written agreement must speak for itself. Extrinsic evidence, such as testimony regarding contract negotiations, cannot be used to alter the meaning.

Contract 48

Contract Negotiation Agreement Claims 48

Construction Lawyer

NOVEMBER 8, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. « False Claims lands Engineer in jail | Main. | The new AIA Documents and Arbitration - What Rules Apply?

AIA 40

AIA Documentation Illinois Chicago 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. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

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. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

Liability 120

Liability Maryland Green Agreement 120