Best Practices Construction Law

JULY 10, 2022

Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. Applying New Jersey law, the court held: The controlling documents are the Loan Commitment and the Loan Agreement.

Contractors 62

Contractors Agreement Banking AIA 62

Best Practices Construction Law

SEPTEMBER 29, 2020

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

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Best Practices Construction Law

JUNE 14, 2022

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. The statute provides: (a) Provisions in lien waivers, releases, construction agreements as defined in G.S.

North Carolina 62

North Carolina Lien Agreement Claims 62

Levelset

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation.

Insurance 52

Insurance Contractors Lien Claims 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

Construction Marketing

MARCH 2, 2023

You may wonder if you have legal recourse if you have been injured while working at a construction site. Damage recovery If your claim is successful, you may be entitled to recover damages for your injuries. Not getting a written fee agreement from the lawyer you hire. Failing to interview several lawyers before hiring one.

Injury 253

Injury Site Defense Compensation 253

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. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

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

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

Federal Construction Contracting Blog

MAY 9, 2022

However, when the parties cannot reach an agreement, the subcontractor faces financial turmoil. Even worse, if a subcontractor fails to take prompt legal action, it can lose access to one of the most effective ways to recover the amounts due. Instead, the subcontractor must pursue its claims via the Miller Act.

Claims 52

Claims Contract Lien Materials 52

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

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

NH Construction Law

NOVEMBER 25, 2022

Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” Unjust enrichment is what lawyers refer to as an “equitable” remedy, distinguished from a “legal” remedy (such as for breach of contract). ” Petrie-Clemons v.

Equity 40

Equity Legal Contract New Hampshire 40

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. REI Service Corporation , No.

Banking 40

Banking Inspections Construction Lien 40

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 claim professional investigates the claim and may engage experts to assist them. Learn more.

Insurance 52

Insurance Cash Flow Claims Contractors 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

Levelset

APRIL 28, 2022

SDI helps general contractors cover the expenses that are incurred when a subcontractor fails to perform according to the terms of their agreement. If a subcontractor defaults on a project, the general contractor can make a claim with the insurance company to cover costs above their deductible and any loss reserve requirements.

Insurance 52

Insurance Contractors Claims ABC 52

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40

Claims Agreement Illinois Subcontracting 40

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. disruption distinction.

Claims 118

Claims Compensation Contract Contractors 118

Best Practices Construction Law

JUNE 21, 2016

The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. Like every legal question, the answer is: It depends! Tully Construction Co. ,

Claims 82

Claims Contract Legal New York 82

Fieldwire

AUGUST 14, 2023

It is governed by the contract, which means it’s part of the agreement between two parties. If they let the filing deadline lapse without filing a lien claim, lien rights may be lost forever. Contractors often have to decide whether to file a lien or hope that their hiring party follows through on their agreement.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Best Practices Construction Law

SEPTEMBER 23, 2020

The parties’ agreement required the owner to make payment within 20 days of submission of an application for payment by the contractor. The agreement also contained a provision that any modification of the contract was required to be in writing. Lesson: Read your contracts, reserve your claims, and exercise your rights.

Contractors 62

Contractors Contract Agreement Maryland 62

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

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

Levelset

JULY 21, 2022

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. A contractor bond is a three-party agreement. In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts.

Contractors 52

Contractors Claims Oregon Residential 52

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

Best Practices Construction Law

JULY 31, 2015

Legal Writing 89 (2008-09), here are a few items to think about when drafting contracts: A contract is about defining transactions and relationships. This is more than the definition of “contract” that lawyers learn in law school ( i.e. , “An agreement between or among two ore more parties for the purpose of …”).

Contract 48

Contract Drafting Claims Agreement 48

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. This policy may also cover legal fees involved in certain types of lawsuits. Who is covered by an insurance policy?

Insurance 52

Insurance Liability Accidents Risk 52

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 Procurement Contract 40

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

Constructlaw

FEBRUARY 7, 2023

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. The trial court agreed that the waiver of subrogation barred the carriers’ claims and granted the motion for summary judgment.

Louisiana 52

Louisiana AIA Insurance Contract 52

Levelset

MARCH 30, 2022

” Owners of a homestead are exempt from certain legal rules that other properties are subject to. 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. Texas is serious about homesteads.

Lien 52

Lien Texas Residential Claims 52

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

Best Practices Construction Law

MARCH 14, 2016

Right before trial, the parties reached an agreement and notified the court that the trial was unnecessary. The attorney for the Williams drafted a short letter agreement and sent it to opposing counsel. Therefore, an oral agreement to resolve the dispute may not be sufficient. Williams, No.

Agreement 48

Agreement Change Orders Drafting Tennessee 48

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. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63