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

Best Practices Construction Law

APRIL 8, 2013

Last week, I saw a Tweet about the United States Supreme Court granting certiorari in a construction dispute. and I thought it had to be an April Fools'' Day joke because they never take construction cases on appeal. The dispute relates to a subcontract agreement on a construction project located on Fort Hood in Texas.

Virginia 48

Virginia Texas Construction Subcontracting 48

NH Construction Law

MAY 20, 2023

When that is the case, can a general contractor with a pay-if-paid provision in its subcontracts hide behind that provision when the reason for owner nonpayment is the general contractor’s own default? Quinn Construction, Inc. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Law Monitor

AUGUST 24, 2012

In a perfect world, general contract presents the subcontract document to the subcontractor, and that sub has its lawyer review the contract to see if the terms can be negotiated so that its a fair document for all involved. This article deals with a hot construction law topic, pay-when-paid vs. pay-if-paid clauses.

California 54

California Subcontracting Contract Legal 54

Construction Lawyer

APRIL 3, 2012

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Claims 40

Claims Agreement Illinois Subcontracting 40

Job Order Contracting

FEBRUARY 20, 2018

administration of the Job Order Contract (JOC), a Contract designed to provide the ORGANIZATION NAME with a flexible and responsive contractual capability in support of their renovation, repair, and minor new construction services needs. These negotiations must precede the JO award/approval and are not allowed on a Change Order basis.

Contract 100

Contract Organization Change Orders Overhead 100

Construction Lawyer

MAY 2, 2012

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Contract 40

Contract Illinois Legal Construction 40

Pro Builder

JULY 20, 2021

The default provision says you will give the other side some notice (typically 48 hours or more) to fix the default, and if they don't adhere to this agreement, the contract can be terminated. For an owner, default usually is falling to pay when promised. .

Contractors 98

Contractors Contract Legal Change Orders 98

Construction Law Monitor

NOVEMBER 2, 2011

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts.

Contract 56

Contract Change Orders Lien Contractors 56

Best Practices Construction Law

AUGUST 29, 2012

The DBE must carry out its contract responsibilities by actually performing, managing and supervising the work involved, and for negotiating, determining quality and quantity, ordering, installing and payment for material. Financial agreements between prime and DBE contractors. " What is a commercially useful function?

Regulation 48

Regulation DOT Transportation Commercial 48

Job Order Contracting

JULY 29, 2021

Lean Construction – Overcoming decades of mistrust, lack of communication, and opposition between facilities owners, designers, engineers, and builders… possible? Only two of the following construction delivery methods are LEAN. Construction Project Delivery Comparison. Do you know which they are? Advantages.

Design 130

Design Bidding Engineering Construction 130

Autodesk Construction Cloud

NOVEMBER 5, 2021

An Ultimate Guide to Improving RFIs in Construction. Request for information, or colloquially known as a construction RFI. But as certain as death and taxes, RFIs are a necessity in the construction industry. According to a Navigant Construction Forum survey of 1,362 projects, there is an average of 9.9 Key Takeaways.

Construction 52

Construction Documentation Drawings Contract 52

Job Order Contracting

JANUARY 5, 2017

As a construction contractor considering a Job Order Contract (JOC), it is critical to be aware that all JOCs are not the same. This format is used to review the primary elements of a Job Order Contract from a “best practice” perspective with a focus upon the construction contractor.

Contract 100

Contract Contractors Consulting Software 100

Job Order Contracting

AUGUST 26, 2016

facility or infrastructure (road, bridges, airports, mass transit, utility…) renovation, repair, sustainability, maintenance, and minor new construction projects. It is a listing of construction tasks, organized using MasterFormat, including a detailed line item description and unit pricing for labor, material, and equipment.

Contract 100

Contract Overhead Profitability Contractors 100

Construction Specifier

JUNE 13, 2021

A substantial challenge faced by professionals preparing construction specifications for design build projects is most master specifications were developed for traditional DBB or its ‘close relation,’ design-negotiate-build (DNB). DBIA documents are used in both vertical construction and horizontal (infrastructure) work.

EJCDC 52

EJCDC Design Documentation Contract 52

Building Information Management

MARCH 10, 2017

This format is used to review the primary elements of a Job Order Contract from a “best practice” perspective with a focus upon the construction contractor. Job Order Contracting (JOC) is a competitively bid, firm-fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) LEAN construction delivery method.

Contract 40

Contract Consulting Estimating Software 40

Building Information Management

APRIL 24, 2016

Job Order Contracting enables a pre-qualified contractor(s) to perform repair, renovation, or minor construction of a facility or other form of built structure based on pre-described and pre-priced tasks as defined within a Unit Price Book – UPB. Asbestos and similar abatement may also be included if part of an overall project.

Contract 40

Contract Contractors Materials Site 40

Building Information Management

JULY 27, 2016

Standardizing the presentation of renovation, repair, maintenance, and new construction tasks and costs improves communication and collaboration among all parties, as well as helps to assure financial transparency/. Facility Construction Subgroup: Divisions 02 – 19. Preliminary Construction Schedule. 00 52 00 Agreement Forms.

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

Standardizing the presentation of renovation, repair, maintenance, and new construction tasks and costs improves communication and collaboration among all parties, as well as helps to assure financial transparency. . Facility Construction Subgroup: Divisions 02 – 19. Preliminary Construction Schedule. 00 52 00 Agreement Forms.

Equipment 40

Equipment Construction Schedule Concrete 40

Buisness Facilities Contributed Content

APRIL 15, 2014

It allows for the construction of roads, bridges, etc. Industrial Revenue Bonds: May be used as long-term financing of up to 100% of a project for: Acquisition of land, buildings, site preparation and improvements; Construction of buildings; Acquisition and installation of furnishings, fixtures and equipment; Capitalizable soft costs (e.g.,

Income 108

Income Finance Zoning Employment 108

NH Construction Law

MAY 31, 2021

MacMillin was the general contractor on an assisted living facility project in Keene for Prospect Woodward Home, and subcontracted the plumbing and mechanical portion of the project to Denron. ” It also noted that “subcontractors are often at the mercy of the general contractor during negotiations. But the message is clear.

Subcontracting 40

Subcontracting New Hampshire Contractors Contract 40

Buisness Facilities Contributed Content

MARCH 21, 2014

SALES & USE TAX ABATEMENTS: Taxes on construction-related transactions, pollution control devices are exempt from sales and use taxes. MADE IN ALABAMA” JOB INCENTIVES ACT: Qualifying companies may receive a transferable income tax credit to offset import tariff costs during local construction process.

Income 75

Income Finance Zoning Equipment 75