Lets Build

APRIL 1, 2020

What are the responsibilities of a project manager in construction? Draft contracts. Not all construction project managers know what they do all the time. The construction project manager is the key figure of the construction project team. Read more: How to reduce construction delays by more than 20%.

Project Management 173

Project Management Management Construction Drafting 173

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. .”

Agreement 48

Agreement Management Drafting Construction 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. ” The contract is specifically drafted to address the unique considerations of a design-build teaming arrangement.

Agreement 48

Agreement Negotiation Documentation Contract 48

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 was hired to design a restaurant for the owner. The lawsuit followed.

Agreement 45

Agreement Claims AIA Contract 45

Green Building Law Update

SEPTEMBER 24, 2017

The best way to mitigate risk in your green building project are properly drafted contract documents prepared by this law firm or by another attorney with green building experience. As I posted in this blog less than a year ago, Less than 20% of Green Building Contracts are Properly Drafted. That may sound self serving, but it is true.

Green 153

Green Risk Drafting Sustainability 153

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. This site should help to address these issues.

Agreement 40

Agreement Drafting Contract Site 40

Constructlaw

MAY 3, 2023

Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts.

Construction 52

Construction Claims Contractors US 52

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. 04:40 p.m.

Green 149

Green Drafting Contract Sustainability 149

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. Turner Construction Company , the U.S. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

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

AUGUST 10, 2017

In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. As an example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. You don’t always say what you mean. For example, in TM Delmarva Power v.

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 90

Liability Agreement Drafting Insurance 90

Construction Lawyer

JANUARY 28, 2014

Nordic PCL Construction , provides a lesson in how not to draft construction agreements. The agreement between the parties was the A101-1997, which was the vehicle by which other documents were incorporated into the contract. A Hawaii case, Safeway, Inc. Article 8 was entitled “Enumeration of Contract Documents.”

Drafting 40

Drafting Contract AIA Documentation 40

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

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.

Contract 48

Contract Drafting Negotiation Agreement 48

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

Construction Equipment

MAY 9, 2017

The draft of the timeline shows construction to begin in January 2018 and last 30 months, giving the team three months to move in. The Las Vegas Stadium Authority released a preliminary project timeline on Monday for the 65,000 seat domed football stadium that will be the new home of the Raiders. What are their odds?

Las Vegas 53

Las Vegas Drafting Agreement Construction 53

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

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.

Claims 48

Claims South Dakota Drafting Agreement 48

Construction Lawyer

FEBRUARY 5, 2014

In our construction practice, we represent many design professionals, owners, contractors and others involved in construction projects. Frequently, the parties do not consult with a construction attorney when drafting contracts. The “plain and simple” document drafted by the architect is not clear. Introduction.

Contract 40

Contract Agreement Drafting Documentation 40

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

Green Building Law Update

NOVEMBER 5, 2017

There have been only a very modest number of cases commenced in courts across the country involving construction of green buildings. Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects.

Green 120

Green Contract Documentation Claims 120

Best Practices Construction Law

JULY 31, 2015

” 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. On occasion, circumstances dictate the necessity of revisions to your standard agreement. Photo: Steve Snodgras.

Contract 48

Contract Drafting Claims Agreement 48

Green Building Law Update

NOVEMBER 15, 2015

There is little question that a properly drafted provision in a contract requiring arbitration is enforceable. And while much of the recent discourse has been about contracts with consumers, alternative dispute resolution provisions, including those requiring arbitration are common in construction industry contracts.

Green 120

Green Contract DC Documentation 120

Green Building Law Update

NOVEMBER 28, 2014

On November 14, the International Code Council announced that the 2015 version of the International Green Construction Code had been approved. And with the delays associated with LEED v4 , observers have suggested that a building constructed to this new code will be greener than a LEED 2009 building.

Green 120

Green Memphis Agreement Drafting 120

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. The contract is the cornerstone of any construction project and eventual dispute. Construction contract defined : Construction Contract: A legal document which specifies the details of a construction project.

Contract 69

Contract Construction Agreement Legal 69

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

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

Constructlaw

JULY 13, 2021

1 The 2021 update marks the first time the ICDR’s arbitration rules and mediation rules have been revised since 2014 and 2008, respectively, and is of particular note to the construction industry both in the United States and elsewhere.???????.

Construction 52

Construction Agreement Claims US 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

Autodesk Construction Cloud

NOVEMBER 15, 2021

We discuss: The current state of construction contracts. Construction technology and the future of contracting and payments. Understand the state of contracts and payment terms in construction. The current state of contracts and payment terms in construction leaves a lot to be desired, says Karalynn.

Contract 52

Contract Contractors Negotiation Subcontracting 52

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. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.

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. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.

Liability 120

Liability Maryland Green Agreement 120

CivilJungle

NOVEMBER 8, 2022

A tender will be an economic pressure provided to do work throughout the earlier stage of this tender resolution framers will call to surrender waterproof tenders for construction for a particular moment. What Is a Tender in Construction? Tendering Meaning in Construction. Types of Tenders in Construction. Open Tender.

Negotiation 52

Negotiation Bidding Construction Contract 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

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

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