Best Practices Construction Law

NOVEMBER 6, 2019

the dispute involved the parties’ separate agreement wherein the contractor committed to pay the subcontractor for delay damages that were beyond the subcontractor’s reasonable control. When the subcontractor was delayed, it submitted claim for $42,00 for the 21 days of delay damages. Wright & Morrisey, Inc. ,

Vermont 54

Vermont Lien Claims Negotiation 54

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. Click here for Daniel S. Sloan pg 17. See Carl A.

Agreement 57

Agreement Contract Insurance Construction 57

Levelset

APRIL 28, 2022

While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC. SDI helps general contractors cover the expenses that are incurred when a subcontractor fails to perform according to the terms of their agreement. million – $750,000). .

Insurance 52

Insurance Contractors Claims ABC 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. In other words, you use the stuff we post here at your own risk. Federal Court dismisses subs claim against GC because of arbitration provision. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Lawyer

APRIL 20, 2009

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. « Economic Loss Doctrine bars Nevada claims against Architect | Main. | » April 20, 2009. mechanics liens. 3d 489 (Mo.App.

Lien 40

Lien Missouri Equipment Illinois 40

Construction Lawyer

MAY 21, 2009

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. Subcontractors Mechanics lien allowed where bank seized generals funds. The laws of each state are different and each situation is unique.

Lien 40

Lien Illinois AIA Chicago 40

NH Construction Law

APRIL 26, 2018

Sometimes this unanticipated time/space compression is the owner’s fault, in which case the general contractor/construction manager and its subcontractors will likely be entitled to increased compensation by change order or otherwise -- and to a mechanic’s lien if that increase is not paid. See Town of Bedford v. Brooks , 121 N.H.

Lien 40

Lien Compensation Change Orders Subcontracting 40

Best Practices Construction Law

NOVEMBER 21, 2019

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. In Universal Concrete Products Corp.

Contract 77

Contract Subcontracting Drafting Virginia 77

NH Construction Law

MAY 28, 2018

Finally, the general should insist -- even if the owner doesn’t -- on sworn lien waivers with each progress payment to the sub, verifying that the sub has paid for all labor and materials on the project with the last progress payment and will do so out of the present progress payment. If the sub falsely swears (it happens!),

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

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. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Construction Lawyer

DECEMBER 28, 2007

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. Non-signatory bound by agreement to arbitrate. Normally, only a party to an agreement to arbitrate is bound by the arbitration provision.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

APRIL 19, 2009

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. Idle Equipment not entitled to Lien in Missouri » April 19, 2009. Economic Loss Doctrine bars Nevada claims against Architect.

Nevada 40

Nevada Claims Illinois AIA 40

Construction Lawyer

OCTOBER 6, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. Jurado , which involved competing lien claims. 

Illinois 40

Illinois Lien Banking AIA 40

Construction Lawyer

APRIL 30, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. New York court holds that contractor installing cogeneration system not entitled to a mechanics lien.  The opinion can be read here.

New York 40

New York Lien Contractors Illinois 40

Construction Lawyer

OCTOBER 18, 2006

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. Indemnity Agreement. Listed below are links to weblogs that reference Indemnity Agreement : Recent Posts. mechanics liens.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

MAY 1, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. « New York court holds that contractor installing cogeneration system not entitled to a mechanics lien | Main. LEXIS 18182 (Nov.

Florida 40

Florida Illinois Claims AIA 40

Construction Lawyer

AUGUST 30, 2007

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. False Claims lands Engineer in jail. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts.

Claims 40

Claims Engineering Illinois AIA 40

Construction Law Monitor

NOVEMBER 2, 2011

A good subcontractor will have his attorney review any agreement to make sure that the deal is an even one. There should be a clear provision in the contract outlining the process whereby CO’s are made and approved; Define change order – modification to work already contemplated by the agreement; (ie different materials).

Contract 56

Contract Change Orders Lien Contractors 56

Construction Lawyer

MARCH 27, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. He claimed that his work was "production only," which was essentially the function of a draftsman.  " 29 C.F.R.

Architecture 58

Architecture Illinois AIA Chicago 58

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

Contractor Bookkeeping

JUNE 20, 2014

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. No work should ever be performed based on verbal agreements. Get Organized - Pick a company name that says something about what you are doing.

Insurance 48

Insurance Construction Accounting Claims 48

Construction Lawyer

MAY 2, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. " The final paragraph, § 21.4,  governed situations where the subcontractor asserts claims against the owner or architect.

Contract 40

Contract Illinois Legal Construction 40

Construction Lawyer

MAY 4, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk.   This agreement did not provide for arbitration.    That customer service agreement included an arbitration clause. . 

Illinois 40

Illinois AIA Agreement Chicago 40

Contractor Bookkeeping

JUNE 15, 2012

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. No work should ever be performed based on verbal agreements. Get Organized - Pick a company name that says something about what you are doing.

Contractors 48

Contractors Insurance Claims Lien 48

Levelset

OCTOBER 19, 2022

However, before starting work on a building financed with a construction-to-permanent loan, both property owners and contractors need to understand the risks. Contractor risks with a construction-to-permanent loan. There are common risks that are prevalent in every construction loan program. Failing to protect lien rights.

Contractors 98

Contractors Lien Construction Finance 98

Construction Lawyer

MARCH 16, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. « illinois supplier denied mechanics lien | Main. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

Contract 40

Contract Illinois AIA Chicago 40

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. No work should ever be performed based on verbal agreements. Consult with a construction attorney and follow their advice.

Construction 48

Construction Insurance Accounting Claims 48

Construction Lawyer

MARCH 28, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. Federal Court dismisses subs claim against GC because of arbitration provision. » March 28, 2012. In Greer v.

Louisiana 40

Louisiana Illinois AIA Chicago 40

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. In other words, you use the stuff we post here at your own risk. « Federal Court dismisses subs claim against GC because of arbitration provision. mechanics liens. Subscribe to this blogs feed.

Arkansas 40

Arkansas Illinois AIA Chicago 40

Construction Lawyer

FEBRUARY 24, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. with respect to all arbitration agreements covered by that statute. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

West Virginia 40

West Virginia Illinois AIA Chicago 40

Construction Lawyer

APRIL 14, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. Guennewig , 226 N.E.2d 2d 270 (5th Dist.

Illinois 40

Illinois AIA Chicago Legal 40

Construction Lawyer

MAY 13, 2009

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. Non-signatories bound by arbitration agreement in wrongful death case. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

Illinois 40

Illinois AIA Chicago Agreement 40

Construction Lawyer

SEPTEMBER 21, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY » September 21, 2012. City of Naperville. Recent Posts.

Illinois 40

Illinois AIA Chicago Lien 40

Construction Lawyer

JULY 20, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. The question became whether the general or the subcontractor would bear the risk of loss. Fidelity , 679 F.3d

Illinois 40

Illinois Subcontracting Liability AIA 40

Construction Lawyer

NOVEMBER 11, 2007

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. One of the new 2007 AIA documents is B103 -- Owner-Architect Agreement for a Large or Complex Project. Here it is: § 8.1.3 Here it is: § 8.1.3

Liability 40

Liability AIA Documentation Illinois 40

Construction Lawyer

MAY 30, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. Design and construction firms should now check with their insurance carriers to determine whether they have insurance to cover old claims.

Liability 40

Liability Contractors Design Minnesota 40

Construction Lawyer

FEBRUARY 28, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. In other words, you use the stuff we post here at your own risk. illinois supplier denied mechanics lien » February 28, 2012. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

Illinois 40

Illinois AIA Chicago Lien 40