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

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

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.

Agreement 45

Agreement Claims AIA Contract 45

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. Contractors often wish they could simply deal with the insurance company directly through an assignment of benefits. The AOB agreements need to be in writing.

Insurance 52

Insurance Contractors Lien Claims 52

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

Green Building Law Update

DECEMBER 18, 2016

Responding to consultant email and draft report of Phase II environmental site assessment. Reviewing and approving quotes in draft third party journal article on defects in green building contracts. Drafting form contract for LEED consultant to use in responding to RFPs. Lunch with prospective client].

Green 149

Green Drafting Contract Sustainability 149

Construction Lawyer

JANUARY 28, 2014

Nordic PCL Construction , provides a lesson in how not to draft construction agreements. The owner, Safeway, hired Nordic to be the general contractor for a Safeway store and retail shops. Subsequently, Safeway made further revisions to various contract documents, including an AIA Document A101-1997 and A201-1997.

Drafting 40

Drafting Contract AIA Documentation 40

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 Law Monitor

MARCH 9, 2012

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? The contract is the cornerstone of any construction project and eventual dispute. The contractors registration number.

Contract 69

Contract Construction Agreement Legal 69

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 30, 2014

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. Weisel, a California resident hired Ryan, a California corporation, to be the general contractor for a residence in Hawaii. of the General Contract. Dist, Sept.

Subcontracting 40

Subcontracting Drafting San Francisco California 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 and Infrastructure Law

FEBRUARY 6, 2018

The new law puts the onus on direct contractors to not only monitor their own payroll practices, but to ensure that their subcontractors and lower tier subcontractors are engaging in proper payroll practices. AB 1701 does not afford individual workers a direct right to sue contractors.

California 49

California Contractors Liability Employment 49

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., In such circumstances, it is not unusual to discover the required clause is not in the contract. chocolate and peanut butter).

Documentation 52

Documentation Drafting Contract Claims 52

Best Practices Construction Law

MAY 29, 2013

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. Those claims were identified in Exhibit 1 to the agreement. The Disputes. The Holding.

Claims 48

Claims Contract Agreement Massachusetts 48

Construction Law Monitor

OCTOBER 30, 2013

The Louisiana State Licensing Board for Contractors (LSLBC) is a very useful place for Louisiana contractors. I was recently reading up on the requirements for home improvement contractors. The LSLBC is a one stop shop for all things related to contractor licensing. It is a good place for both contractors and consumers.

Louisiana 51

Louisiana Contractors Lien Liability 51

Construction Lawyer

JANUARY 19, 2015

A dispute arose between a contractor and its subcontractor concerning the installation of temporary fire protection equipment. The contract between the parties contained these dispute resolution provisions: § 6.2.1 The contract between the parties contained these dispute resolution provisions: § 6.2.1 Jan 9, 2015).

Contract 40

Contract Subcontracting Claims Drafting 40

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

Best Practices Construction Law

JUNE 12, 2015

Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. 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.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Constructlaw

JULY 6, 2020

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. 2 The contract included all necessary labor, materials, equipment, and services. 2 The contract included all necessary labor, materials, equipment, and services.

Claims 52

Claims Contract United States Site 52

Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. For example, did you know that your email communications can be used to establish an enforceable contract, change order, or settlement?

Tennessee 48

Tennessee Change Orders Contractors iPad 48

Construction Law Monitor

MARCH 28, 2011

What’s great about her post is that it discusses a very legal topic – construction contracts – from the perspective of someone in the business. Enjoy her insights, and to learn more about construction contracts, read from this category on our blog: Construction Contracts. But why is a contract necessary?

Contract 50

Contract Legal Construction Documentation 50

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.

AIA 45

AIA Agreement Contract Documentation 45

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.

California 54

California Subcontracting Contract Legal 54

Construction Cost Estimating

FEBRUARY 15, 2015

Classification of civil engineering drawings and importance of engineering drawings Engineering drawings square calculate however engineers and draftsmen speak the styles for a building project to a contractor , builder, or technician. Drafting is that the very best thanks to assemble a compendious record of a project.

Drawings 40

Drawings Engineering Bidding Agreement 40

Best Practices Construction Law

NOVEMBER 26, 2012

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. Too many times I have represented parties who either "did the deal on a handshake" or "never signed the contract." Contract Provisions.

Cash Flow 48

Cash Flow Project Management Change Orders Agreement 48

Building Information Management

AUGUST 6, 2013

Since 80% of the cost decisions are made during the first 20% of the design, you’ve just cheated yourself out of the biggest source of potential savings that come from collaboration between the contractors and the designers. Through downstream agreements, the major team players can also agree to waive certain liabilities against each other.

Design 69

Design Documentation Contract Estimating 69

Levelset

JUNE 29, 2022

But because of the inherent dangers on construction jobsites, contractors are under close scrutiny for compliance. Top 10 OSHA violations by contractors. prohibits contractors from requiring employees to work “in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety.”

OSHA 52

OSHA Inspections Construction Safety 52

Best Practices Construction Law

DECEMBER 6, 2013

The underlying dispute related to a subcontract agreement on a construction project located on Fort Hood in Texas. When the general contractor did not pay the subcontractor for its work, the subcontractor filed a lawsuit in federal court in Texas based upon diversity jurisdiction (. Trial court. The appeals court.

Virginia 48

Virginia Texas Construction Subcontracting 48

Contractor Magazine

JULY 27, 2012

Contractor Magazine. Plumbing Contractor. Piping Contractor. IAPMO and ASSE are now working together to draft a legally binding document for the transition. Name: Sign In or register to use your Contractor Magazine ID. ASSE, IAPMO Enter Standards Copyright Agreement. Skip to Navigation Skip to Content.

Contractors 48

Contractors Charlotte District of Columbia Los Angeles 48

Best Practices Construction Law

APRIL 8, 2013

The dispute relates to a subcontract agreement on a construction project located on Fort Hood in Texas. When the general contractor did not pay the subcontractor for its work, the subcontractor filed a lawsuit in federal court in Texas based upon diversity jurisdiction (. Trial court. The appeals court. Practical implications.

Virginia 48

Virginia Texas Construction Subcontracting 48

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.

Green 153

Green Risk Drafting Sustainability 153

Construction Cost Estimating

JUNE 16, 2010

The shop drawing is a drawing or collection of set of drawings, diagrams, illustrations, schedules, and other data or information specifically generated or assembled by the contractor, supplier, manufacturer, subcontractor, or fabricator to demonstrate some portion of the work for the approval of architect or engineer.

Drawings 40

Drawings Fabrication Construction Documentation 40

Construction Marketing Ideas

DECEMBER 20, 2012

Genuine independent contractors — not phony “contractors” created by scammy employees to cicumvent tax or workers compensation laws — often do the best work. One sales employee, knowing her performance wouldn’t be meeting standards, decided to forge sales insertion orders and contracts.

Employment 54

Employment Legal Commissioning Contract 54

Construction Lawyer

MARCH 15, 2007

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

AIA 40

AIA Plans Illinois Drafting 40

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