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

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

Levelset

APRIL 15, 2022

An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. It gives the assignee authority to file and negotiate a claim directly with the insurance company, without involvement from the property owner. The AOB agreements need to be in writing. What is an assignment of benefits?

Insurance 52

Insurance Contractors Lien Claims 52

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. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

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

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. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement.

Virginia 48

Virginia Texas Construction Subcontracting 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. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement. 2012) cert.

Virginia 48

Virginia Texas Construction Subcontracting 48

Green Building Law Update

NOVEMBER 15, 2015

clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court.”. There is little question that a properly drafted provision in a contract requiring arbitration is enforceable. Certification Agreement has a mandatory arbitration provision.

Green 120

Green Contract DC Documentation 120

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

CivilJungle

NOVEMBER 8, 2022

Based on the language in the offer suggestion, the construction business creates tender offers for registration, and if it receives an official administrator agreement will make. Tenders are of several kinds, counting open tender, selective, serial tender, and negotiated tender. Negotiation Tender. Contract formation.

Negotiation 52

Negotiation Bidding Construction Contract 52

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). Prime contract between the owner and design-builder. Images courtesy HDR.

EJCDC 52

EJCDC Design Documentation Contract 52

Building Information Management

SEPTEMBER 23, 2015

Simplified Acquisition of Base Engineer Requirements (SABER) contracts provide a streamlined means to complete construction projects estimated at less than 750K. Contracting personnel and civil engineers are encouraged to adapt their SABER-like acquisitions and processes to meet their local needs and the local environment. Definitions.

Engineering 40

Engineering Negotiation Contract Estimating 40

Construction Lawyer

OCTOBER 23, 2012

When a dispute arises, the parties can talk and negotiate a resolution. For starters, the arbitration agreement needs to be written by someone who understands arbitration. While standard industry contracts, such as those by the American Institute of Architects, are a good start, they may not fit a party’s needs.

Agreement 45

Agreement Drafting Negotiation Deals 45

Building Information Management

JULY 27, 2016

Various cost information is typically formatted as Products & Activities, General or Routine Maintenance, New Construction, Renovation and/or Repair, Sustainability/Green, Job Order Contracting (JOC), or any combination thereof. Procurement Requirements and Contracting Requirements. 00 00 00 Procurement and Contracting.

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

Various cost information is typically formatted as Products & Activities, General or Routine Maintenance, New Construction, Renovation and/or Repair, Sustainability/Green, Job Order Contracting (JOC), or any combination thereof. Procurement Requirements and Contracting Requirements. 00 00 00 Procurement and Contracting.

Equipment 40

Equipment Construction Schedule Concrete 40

Buisness Facilities Contributed Content

APRIL 15, 2014

A business that applies for the exemption must enter into an agreement with the Governor of Alabama. The program offers three types of benefits: Transaction Privilege Tax Exemption – Exemption from transaction privilege tax on contracts for certain types of construction at an MRZ.

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

APRIL 8, 2014

With 32 ports statewide, Louisiana offers six deep-draft ports capable of transferring large quantities of cargo, is one of only two U.S. In addition, the company has contracted with Siemens Energy to supply all 448 turbines—the blades will be constructed in the Fort Madison, Iowa plant and the nacelles in the Hutchinson, KS plant.

Minnesota 56

Minnesota Iowa New Jersey New Mexico 56