Constructlaw

SEPTEMBER 29, 2020

Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of arbitration agreements. In MZM Construction Company, Inc. The Funds also informed MZM that, absent payment, the Funds would initiate arbitration.

Agreement 52

Agreement Bargains New Jersey Contract 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Construction Dive

FEBRUARY 19, 2014

Standard construction management agency contracts have been maligned for not doing an adequate job of defining which costs fall into a particular bucket, leading to confusion when it comes time for payment. ” The ConsensusDocs 830 agreement and related exhibits will replace the current 801 Construction Management Agreement. .”

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Agreement Management Drafting Construction 48

Construction Dive

AUGUST 11, 2016

Believe it or not, a construction contract with scores of provisions that runs dozens of pages does not actually define the entire legal relationship between the parties, regardless of how thorough the contract may seem or how much time and expense they invested in its drafting. By Stephen Hess, Esq. Read more.

Contract 48

Contract Drafting Negotiation Agreement 48

Best Practices Construction Law

MARCH 28, 2013

ConsensusDocs released the new ConsensusDocs 498 Design-Build Teaming Agreement today, which provides a standard contract for parties desiring to form a team for the purpose of submitting a bid on a design-build project. Critical issues such as confidentiality, withdrawal from the team, and document ownership are included.

Agreement 48

Agreement Negotiation Documentation Contract 48

Green Building Law Update

DECEMBER 18, 2016

Responding to client email about impact of construction project change order on contemplated LEED certification, so that payment can be released today. Responding to consultant email and draft report of Phase II environmental site assessment. Drafting form contract for LEED consultant to use in responding to RFPs.

Green 149

Green Drafting Contract Sustainability 149

Construction Lawyer

SEPTEMBER 3, 2014

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. Some time later, the architect drafted an AIA contract which the owner marked up with various changes. The architect did not accept any of the changes and the AIA contract was never signed.

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Agreement Claims AIA Contract 45

Best Practices Construction Law

JULY 31, 2015

I’ve tried both and prefer a third: Contracts, which do not entertain, do not convey information or ideas, and do not try to persuade. ” In the world of commercial real estate and construction contracts, Siviglia hit the nail on the head. Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J.

Contract 48

Contract Drafting Claims Agreement 48

Construction Dive

MARCH 10, 2016

By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. Not surprisingly, these customized contracts tend to favor the drafting party. The drafting party seeks to impose its terms through reference. What is disturbing is the lack of transparency.

Documentation 48

Documentation Contract Drafting Subcontracting 48

Construction Lawyer

JANUARY 28, 2014

Nordic PCL Construction , provides a lesson in how not to draft construction agreements. Subsequently, Safeway made further revisions to various contract documents, including an AIA Document A101-1997 and A201-1997. The issue was whether the Supplementary Conditions were incorporated into the contract or not.

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Drafting Contract AIA Documentation 40

NH Construction Law

APRIL 26, 2020

When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.

Contract 40

Contract Agreement Subcontracting Wisconsin 40

Construction Law Monitor

MARCH 9, 2012

All to often in my job I am faced with clients who end up in a dispute on a construction project. Whether it be a public or private, commercial or residential, and no matter how large or small the project or contractor, the first question I ask any potential client is – where’s the contract? A set of blue prints or plans.

Contract 69

Contract Construction Agreement Legal 69

Construction Lawyer

DECEMBER 5, 2012

The American Arbitration Association has announced a new website that allows a party to construct clauses for a contract providing for alternative dispute resolution. Anyone drafting a contract, including non-attorneys, can take advantage of this site. The site is ClauseBuilder.org.

Agreement 40

Agreement Drafting Contract Site 40

Construction Lawyer

JANUARY 30, 2014

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. The prime agreement between Weisel and Ryan consisted of an AIA Document A111 (presumably a 1997 version) and an AIA Document A201 (also presumably the 1997 version). Dist, Sept.

Subcontracting 40

Subcontracting Drafting San Francisco California 40

Best Practices Construction Law

JUNE 4, 2019

Remember that case where a court found that a string of text messages can form a binding contract ? Another court took a similar approach last week, finding that a casually written email by an attorney can constitute a settlement agreement. Lehman then sent the defendant the draft of a written settlement agreement.

Agreement 61

Agreement Contract Drafting Claims 61

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

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

MAY 29, 2013

I''ve blogged about arbitration in construction disputes on numerous occasions. Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties'' agreement. The Original Agreement. The Second Agreement. The Disputes. The Holding.

Claims 48

Claims Contract Agreement Massachusetts 48

Construction Specifier

JUNE 19, 2020

In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., Consequences of improperly coordinated construction documents. vice-president and general counsel at Kennedy/Jenks Consultants, Inc.,

Documentation 52

Documentation Drafting Contract Claims 52

Construction Dive

NOVEMBER 24, 2015

By Bruce Jervis Claim settlement agreements can be drafted any which way. Sometimes they are drafted with broad, general language. Parties signing claim settlement agreements need to be aware. Sometimes they produce unexpected consequences. The supplier sued the state and settled for a stipulated amount.

Claims 48

Claims South Dakota Drafting Agreement 48

Construction Law Monitor

MARCH 28, 2011

From time to time, I have someone guest post here on the Construction Law Monitor, giving our readers a fresh perspective on construction law topics. She is a writer for CB Structures , a family owned construction and engineering company that specializes in garage builders and pole building design. Get professional help.

Contract 50

Contract Legal Construction Documentation 50

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. First, your written contract may have a provision that requires all changes and modifications to be in writing.

Agreement 48

Agreement Change Orders Drafting Tennessee 48

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. But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc.

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. But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc.

Liability 120

Liability Maryland Green Agreement 120

Construction Lawyer

JANUARY 19, 2015

Inman Construction, No. The contract between the parties contained these dispute resolution provisions: § 6.2.1 The contract made no mention of attorneys fees, but it did incorporate the Construction Industry Arbitration Rules of the American Arbitration Association. arbitration contracts litigation' Jan 9, 2015).

Contract 40

Contract Subcontracting Claims Drafting 40

Levelset

APRIL 15, 2022

They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. The AOB agreements need to be in writing. Klark Brown. View profile.

Insurance 52

Insurance Contractors Lien Claims 52

Levelset

JUNE 29, 2022

To those on the jobsite day-to-day, it’s no surprise that construction consistently tops the list of the most dangerous industries in the US. But because of the inherent dangers on construction jobsites, contractors are under close scrutiny for compliance. OSHA standards for construction. Peter Lindborg. View profile.

OSHA 52

OSHA Inspections Construction Safety 52

Construction Lawyer

AUGUST 21, 2014

If the contract between the parties does not mention license, but gives a general permission to use the plans, an implied license can be inferred. The standard AIA agreements contain an express license. For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 shall terminate.

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AIA Agreement Contract Documentation 45

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

Best Practices Construction Law

JUNE 12, 2015

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. Turner Construction Company (pdf) , the U.S.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Constructlaw

JULY 6, 2020

This article was originally published in Government Construction (Volume 5, Issue 2 – Summer 2020), an ABA Division 13 Quarterly Newsletter. The United States Civilian Board of Contract Appeals (the “Board”) recently issued a decision that may be particularly pertinent in light of the COVID-19 pandemic. In Pernix Serka Joint Venture v.

Claims 52

Claims Contract United States Site 52

Best Practices Construction Law

DECEMBER 6, 2013

Earlier in the year, I made an April Fool''s Day joke on Twitter about the Supreme Court granting an appeal in a construction dispute. Apparently, the joke was on me.because the Supreme Court did take an appeal in a construction dispute! On December 3, 2012, the Supreme Court issued its opinion in In re Atl. Marine Const. Trial court.

Virginia 48

Virginia Texas Construction Subcontracting 48

Best Practices Construction Law

FEBRUARY 28, 2013

Given the increase of today's mobile technologies available on the construction site. First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. Are you training your construction teams on the use of emails?

Tennessee 48

Tennessee Change Orders Contractors iPad 48

Best Practices Construction Law

NOVEMBER 26, 2012

No matter the season, however, construction companies rely heavily on cash flow to fund their operations. Written Contract. As a preliminary matter, make sure that you get a written contract when starting a new project and make sure that both parties sign the agreement. Contract Provisions. Project Management Tips.

Cash Flow 48

Cash Flow Project Management Change Orders Agreement 48

Best Practices Construction Law

DECEMBER 6, 2012

Yesterday, I received an email alert from the American Arbitration Association announcing ClauseBuilder , an on-line arbitration and mediation tool that assists individuals and organizations in drafting arbitration and mediation agreements. whether to use arbitration, mediation, or both. Timing of Dispute. Standard versus Tailored.

Agreement 48

Agreement Drafting Contract Commercial 48

Construction Cost Estimating

FEBRUARY 15, 2015

In engineering science, elaborate drawings square calculate made for each stage of a building project, from tendering the agreement to post-completion. Drafting is that the very best thanks to assemble a compendious record of a project. Working Drawings : Working drawings are normally more full than tender and contract drawings.

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Drawings Engineering Bidding Agreement 40

Construction Law Monitor

AUGUST 24, 2012

This Bill protects subcontractors when contracting so that they cannot be held liable to indemnify the general contractor or owner from certain types of negligence. This Bill raises a bigger and more overarching question as to why do state legislatures feel the need to make rules to restrict the freedom to contract.

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California Subcontracting Contract Legal 54