Best Practices Construction Law

NOVEMBER 21, 2019

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 a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment.

Contract 77

Contract Subcontracting Drafting Virginia 77

Green Building Law Update

NOVEMBER 5, 2017

The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Construction Dive

OCTOBER 7, 2012

It’s an old sports cliché: the best defense is a good offense. For instance, if a design professional brings a collection action for a fee it is allegedly owed, the automatic response will be a counterclaim for breach of contract and professional malpractice.

Defense 48

Defense Claims Compensation Agreement 48

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

NH Construction Law

DECEMBER 19, 2020

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. citations omitted] By its terms the bond insured the faithful performance of the contract. Wellington Power Corp.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 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

JUNE 11, 2018

A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. Article 10 of the Convention allows contracting states to permit service by mail; and it allows them to object to service by mail. Construction litigators beware!

Procurement 40

Procurement Contract California Contractors 40

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. Others collect building data.

Green 120

Green Risk Claims Drafting 120

Autodesk Construction Cloud

FEBRUARY 8, 2022

At its core, change order is work that is added or removed from the original contractor’s scope of work, as agreed upon in the contract signed by the client and contractor before work began. In fact, it’s not a contract amendment. Change order form submissions can be prepared for. Ambiguous or inaccurate drawings.

Change Orders 96

Change Orders Contract Project Management Schedule 96

Construction Lawyer

FEBRUARY 28, 2014

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. There was an indemnification provision in the contractor/subcontractor agreement that read as follows: A. contracts insurance litigation'

Contract 40

Contract Contractors Insurance Accidents 40

Best Practices Construction Law

SEPTEMBER 24, 2020

While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case. The Contract. The County entered into an agreement with the Contractor to expand a three-mile stretch of road.

Claims 118

Claims Compensation Contract Contractors 118

Best Practices Construction Law

AUGUST 9, 2012

Whether the court or the arbitrator decides the statute of limitations issues depends on the parties' contractual agreement. In this case, the disputes clause stated that: "Any dispute, controversy, or claim arising out of or relating to the Contract, or the breach, termination or validity thereof.

Agreement 48

Agreement New York Defense Claims 48

Best Practices Construction Law

MAY 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?

Risk 69

Risk Materials Contract Contractors 69

Construction Lawyer

APRIL 16, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Weil-McLain (Docket No.

Defense 40

Defense Illinois AIA Chicago 40

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Job Order Contracting

APRIL 30, 2022

Partnering in major contracts: Paradox and metaphor. incentive contracts. construction: a case study on MTRC TKE contract 604 in Hong Kong. Channel Tunnel Rail Link: a contract partnership. success through an incentive agreement: lessons learned from an underground railway. Management, 6(3), 159-168. Badenfelt, U.

Construction 222

Construction Project Management Engineering Management 222

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” In Schindler v. Tully Construction Co. , Tully Construction Co. ,

Claims 82

Claims Contract Legal New York 82

Construction Lawyer

MARCH 16, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Merrill Lynch , 2012 U.S.

Contract 40

Contract Illinois AIA Chicago 40

Construction Lawyer

DECEMBER 28, 2007

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Hansen Beverage Co.,

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

MAY 2, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Mortenson won the issue.

Contract 40

Contract Illinois Legal Construction 40

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

Claims 40

Claims Insurance Bankruptcy Legal 40

Best Practices Construction Law

JUNE 12, 2015

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 a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction Lawyer

APRIL 15, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

Contract 40

Contract Illinois AIA Chicago 40

Construction Lawyer

OCTOBER 18, 2006

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Indemnity Agreement.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

APRIL 3, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. LEXIS 46151 (W.Dist.

Claims 40

Claims Agreement Illinois Subcontracting 40

Best Practices Construction Law

MAY 31, 2016

While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case. The Contract. The County entered into an agreement with the Contractor to expand a three-mile stretch of road.

Claims 48

Claims Compensation Contract Contractors 48

Construction Lawyer

MAY 4, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Alltel Commc'ns , 666 F.3d

Illinois 40

Illinois AIA Agreement Chicago 40

Levelset

FEBRUARY 21, 2022

In early February 2022, President Biden signed an executive order requiring project labor agreements (PLAs) on all federal projects over $35 million. This could affect $262 billion in federal government construction contracting as well as nearly 200,000 workers on federal construction contracts. Wages and benefits.

Agreement 52

Agreement Contractors Union Bargains 52

Construction Lawyer

JANUARY 29, 2014

Wight moved for summary judgment based on the fact that the contract contained a provision that started the statute of limitations running at substantial completion. of the standard AIA Owner/Architect agreement applies to fraud-based construction claims. contracts litigation'

Illinois 40

Illinois AIA Contract Agreement 40

Construction Lawyer

FEBRUARY 19, 2014

The email indicated that if the work was not corrected, the contract would be terminated. On May 14, 2007, the owner sent a letter to the contractor terminating the contract. Per the contract, the parties mediated the dispute, but the mediation was not successful. By the Owner for Convenience: 11.2 By the owner for cause: 11.2

Contract 40

Contract Contractors Claims Accounting 40

Levelset

MAY 16, 2022

This Act has a fair amount of rules and requirements that must be followed on home improvement projects, specifically when it comes to the terms of their contracts. There are a few provisions that every construction contract should have. PA home improvement contracts: What’s required? Contract price.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Construction Lawyer

APRIL 27, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

Design 40

Design AIA Illinois San Diego 40

Construction Lawyer

JULY 20, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. See  Fallo v.

Illinois 40

Illinois AIA Chicago Agreement 40

Construction Lawyer

JANUARY 30, 2006

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. contract : Recent Posts.

Contract 40

Contract Illinois Construction AIA 40

Construction Lawyer

MAY 1, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.   Raymond James v. .

Florida 40

Florida Illinois Claims AIA 40

Construction Lawyer

AUGUST 8, 2005

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

Contract 40

Contract Illinois AIA Chicago 40

Construction Law Monitor

FEBRUARY 10, 2011

House Bill 1532 (Creating a good faith defense for certain minimum wage and overtime compensation complaints). House Bill 1535 (Providing requirements for business payment contracts). Cary Condotta, (R-Wenatchee) (R) on January 25, 2011, provides for specific requirements for business payment contracts. Introduced by Rep.

Washington 44

Washington Construction Permits Structural Engineering 44