Construction Law Monitor

AUGUST 9, 2011

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Sloan pg 17. See Carl A. Calvert & Carl F.

Agreement 57

Agreement Contract Insurance Construction 57

Federal Construction Contracting Blog

DECEMBER 9, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. The Navy denied the claim, and the contractor appealed that decision to the ASBCA. The Navy denied these requests.

Contractors 52

Contractors Contract Defense Claims 52

Construction Lawyer

APRIL 3, 2012

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. Liquidation Agreement did not supercede agreement to arbitrate. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

Fieldwire

AUGUST 14, 2023

Construction is one of the hardest industries to manage cash flow in, with contractors often facing large up-front costs and frequent, long delays between expenses and payment. The industry’s retainage practices throw another wrinkle into the process. Retainage is up for negotiation Retainage is not set in stone.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Lets Build

OCTOBER 23, 2020

According to a research from 2018 , reworks and the conflicts that come with them cost the US construction industry roughly $177 billion a year. Every delay in a construction project can open the door to a number of claims or costly penalties depending on the type of your project and the agreements that are in place.

Construction 88

Construction Claims Site Management 88

Levelset

APRIL 28, 2022

Construction is a risky business, with among the highest rates of failure of any industry. SDI helps general contractors cover the expenses that are incurred when a subcontractor fails to perform according to the terms of their agreement. ABC has a $750,000 deductible on the SDI policy, so the total claim payout is $450,000 ($1.2

Insurance 52

Insurance Contractors Claims ABC 52

Job Order Contracting

APRIL 30, 2022

Zero costs associated with disputes and claims. Fewer disputes and claims. management in the UK construction industry. Civil engineering management in the Industrial Revolution. the construction industry. Partnering in the construction industry: A code of practice. development in the subsea oil industry.

Construction 222

Construction Project Management Engineering Management 222

Green Building Law Update

OCTOBER 30, 2013

In an all-out brawl within the environmental industrial complex, last week the American Society of Landscape Architects filed a lawsuit over the ownership of the trademark for the Sustainable Sites Initiative (SITES) against the Lady Bird Johnson Wildlife Center at the University of Texas.

Sustainability 120

Sustainability Site Texas Guidelines 120

Construction Law

JANUARY 31, 2020

Society of Construction Law members can now have a unique 10% multi-year discount on subscriptions to the print version of Construction Law following an agreement between publishers Barrett Byrd Associates and the SCL. To subscribe and claim your 10% discount click here.

Agreement 40

Agreement Insurance Contract Procurement 40

Construction Marketing Ideas

MARCH 11, 2016

Triggers of default are outlined in the subcontract agreement between the general contractor and the subcontractor that would include insolvency, a failure to perform, or the performance of defective work. This allows the general contractor to make a claim and without interrupting the subcontractor’s work on the project.

Legal 48

Legal Consulting Subcontracting Industrial 48

Constructlaw

DECEMBER 7, 2020

Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on what events had an impact on global economy that have led to an increase in filings. [Editor’s Note: Copyright # 2020, LexisNexis. All rights reserved.]. Commentary by Troutman Pepper Partner Albert Bates, Jr.

Claims 40

Claims Insurance Bankruptcy Legal 40

BD+C

MARCH 29, 2024

They may be beneficial to companies seeking early claims of carbon neutrality, but choosing offsets only delays the more immediate and long-term actions a company must take to achieve carbon neutrality. C above pre-industrial levels, as called for in the Paris Agreement, emissions need to be reduced by 45% by 2030 and reach net zero by 2050.

Sustainability 111

Sustainability Income Risk Claims 111

Best Practices Construction Law

SEPTEMBER 13, 2018

The banking industry was able to get a carve-out because the above remedies do not apply “if the action was brought to challenge a lien that is based on a loan agreement for which the encumbered property was listed as collateral to secure the repayment of the loan.” 4) Any actual damages incurred by the owner.

Lien 59

Lien Tennessee Banking Agreement 59

Green Building Law Update

JULY 18, 2021

(all “DuPont” related companies), businesses having operated in the State for more than 200 years, announced a sweeping settlement agreement last week. The Companies will fund up to an additional $25 million if they settle similar claims with other states for more than $50 million.

Delaware 156

Delaware Claims Equity Agreement 156

Lets Build

OCTOBER 18, 2021

This is the safest way to keep your project and yourself protected from commercial claims. By documenting everything on a single source of truth you also ensure that your project manager can raise or respond to claims very quickly. Learn more: How to connect your Snagging & QHSE processes to avoid claims and regain control.

Site 147

Site Project Management Construction Management 147

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. Qualifications, Roles and Responsibilities of a Job Order Contracting Program Manager – Sample Listing.

Contract 100

Contract Management Life Cycle Estimating 100

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. There is no coverage for liability the contractor assumed under a contract or agreement. But do the policies cover the work itself? Insurers certainly don’t intend them to.

Insurance 54

Insurance Contractors Liability Injury 54

Pro Builder

NOVEMBER 30, 2020

Claims about how new and impressive technologies will revolutionize product and process in home building are nothing new. Yesterday an old friend called to interview me for an article he’s writing about the impact of technology on the home building industry. Or so go the claims. . Mon, 11/30/2020 - 08:29. Where are the Results?

Schedule 91

Schedule Products Software Software 91

Green Building Law Update

APRIL 7, 2020

Savvy players in the environmental industrial complex will find business opportunities to lead and profit in environmental matters, including opportunities advantaged by these newly enacted laws. This year of a short legislative session no doubt saved many Marylanders from additional tyranny by the majority (i.e.,

Maryland 156

Maryland Commissioning Regulation Environment 156

Green Building Law Update

APRIL 7, 2020

Savvy players in the environmental industrial complex will find business opportunities to lead and profit in environmental matters, including opportunities advantaged by these newly enacted laws. This year of a short legislative session no doubt saved many Marylanders from additional tyranny by the majority (i.e.,

Maryland 156

Maryland Commissioning Regulation Environment 156

Green Building Law Update

SEPTEMBER 7, 2020

The public is increasingly sophisticated and understands that all science is bought and paid for, whether by a police department crime law or an industry trade group, and many believe all science is junk science carrying with it that pejorative connotation that the science was untowardly driven.

Maryland 156

Maryland United States District of Columbia Baltimore 156

Autodesk Construction Cloud

NOVEMBER 15, 2021

A contract should really be a tool to help everyone in the construction industry; it doesn’t have to be this monster document that you just hold your nose, sign, and hope for the best.” Karalynn also brought up the tendency of the industry to pass liability down the chain when drawing up contracts. Make sense of your contracts.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Green Building Law Update

OCTOBER 28, 2018

The 2014 confidential agreement signed by ICC, ASHRAE, the American Institute of Architects, the IES, and the USGBC “to collaborate on the development of future versions of Standard 189.1, This is a true today as it was in 1787. This case is Code Revision Commission v.

Green 159

Green United States Commissioning Foundation 159

Construction Law Monitor

OCTOBER 19, 2011

Although they are a necessity for a wide-range of industries many still ask, what is a surety bond ? Simply put, surety bonds are a three-party agreement, which consists of an obligee, principal and surety company. For example, many insurance policy premiums are determined based on an individual’s claim history.

Insurance 51

Insurance Compensation Claims Agreement 51

Levelset

SEPTEMBER 6, 2022

An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. Additional insured endorsements have recently drawn more attention in the construction industry. The policyholder will also have certain duties to perform if an insurance claim is incurred and reported.

Insurance 52

Insurance Liability Construction Contract 52

Construction Lawyer

JANUARY 19, 2015

Any claim arising out of or related to this Subcontract. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. .

Contract 40

Contract Subcontracting Claims Drafting 40

Lets Build

MAY 27, 2020

And this is why it is crucial for anyone working in the industry to understand the heavy toll that the admin workload has on their projects so that they can start looking for better alternatives that can transform the way they collaborate and communicate with their teams. Invest in standardisation. But the truth is way different.

Construction 218

Construction Maine Project Management Schedule 218

Construction Cost Estimating

MAY 17, 2018

Contract Agreements and Contracts: It should be utilized by the contracting officer (owner) as well as the contractor. This type of document also involve overhead costs, what to claim and your rights. Costs in the Construction Industry: This document includes the break-ups of all items being incorporated in the construction project.

Documentation 40

Documentation Construction Drawings Contract 40

Construction Test

MAY 19, 2020

Millions of travellers owed refunds for cancelled flights face months of chaos amid a crisis in the airline industry. However, the number of cancelled trips means customers are waiting much longer as airlines struggle to deal with a colossal backlog of claims. Industry leaders fear many crisis-hit airlines will be bankrupted.

Travel 26

Travel Claims Deals Airports 26

Best Practices Construction Law

JUNE 25, 2015

According to the rules, the time to complete the arbitration, the number of hearing days, and AAA fees and arbitrator compensation, are calculated according to the applicable Time/Cost Schedules and are based on the larger of the claim or counterclaim. The respondent has up to 14 days to answer, which also may not exceed 5 pages.

Conference 48

Conference Compensation Construction Claims 48

Constructonomics

DECEMBER 8, 2009

And while you could claim that this is some natural cycle of global temperature, you should first consider that the Earth’s average temperature is 14 degrees Celsius and it has gone up 1 degree Celsius over the past 150 years. Before industrialization it was about 280 ppm. The bottom line is that the Earth is warming.

Conference 164

Conference Risk Airports Agreement 164

Buisness Facilities Contributed Content

APRIL 12, 2013

In December, a federal judge approved the Deepwater Horizon Economic and Property Damages Settlement agreement, which covers individuals and businesses in Louisiana, Mississippi, Alabama, and certain coastal counties in eastern Texas and western Florida, as well as specified adjacent Gulf waters and bays.

Mississippi 52

Mississippi Alabama Liability Louisiana 52

Construction Law

FEBRUARY 4, 2020

The north of England seems to have a solid case to back claims that it has been neglected, especially in transport investment. The construction industry is desperate for the work. All that is over, we are being promised. Will it be any different this time? HS2 is dividing opinion sharply.

Infrastructure 40

Infrastructure Budgeting Budget Transportation 40

Buisness Facilities Contributed Content

MARCH 6, 2016

Industrial Assistance Fund (IAF): A post-performance grant for the creation of high-paying jobs in the state. Enter into an incentive agreement with the Governor’s Office of Economic Development which specifies performance milestones. FINANCING & GRANTS. Have been in business for at least two years. No retail business operations.

Utah 40

Utah Zoning Income Agreement 40

NH Construction Law

JUNE 30, 2022

Southern Underground Industries, Inc. , Ohio’s statute is applicable to both public and private contracts, preventing enforcement of clauses that would let the owner avoid paying for delays he caused. ” Tricon Kent Co. Sarasota County v. 3d 285, 288 (Fla.

Liability 40

Liability Contract Iowa Contractors 40

Constructlaw

MARCH 9, 2021

The COVID-19 pandemic continues to impact the construction industry, and many countries continue to implement new or more stringent restrictions on entry into their borders. Canada, and the EU each provide guidance on essential workers and industries, which is fairly consistent across the regions. Transportation. Government.

Travel 52

Travel Guidelines US Security 52

Best Practices Construction Law

JUNE 1, 2015

2015), the Government entered an agreement with the Contractor to install three back-up generators. The Contractor submitted a claim for $1.1 Accordingly, the Court looked to the dictionary definitions of “new” and to industry definitions, standards, and practices: One possible meaning is. Department of Veterans Affairs , 779 F.3d

Contract 48

Contract Equipment Claims Construction 48