Agreement, Contract and Presentations - Professional Constructor Central

#135: Unconscionable Arbitration Agreements

NH Construction Law

APRIL 26, 2024

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” ” He pointed to the AAA’s Administrative Fee Schedules, under which it would cost him over $8,000 to present his case to the arbitrator. .”

Agreement

Agreement New Hampshire Texas Claims

Types of Construction Contracts and Their Comparison

The Constructor

NOVEMBER 24, 2016

There are different types of construction contracts and their comparison is presented in this article. A construction contract is an agreement.

Comparison

Comparison Contract Agreement Construction

#118: Letters of Intent Forming Enforceable Contracts

NH Construction Law

OCTOBER 30, 2022

It is not uncommon for owners/developers who solicit proposals from general contractors, and general contractors who solicit proposals from subcontractors, to send out a Notice of Intent or Letter of Intent to a GC or sub in advance of signing a formal contract, announcing that the proposal has been accepted. Khoury , 170 N.H. ” Id.

Contract

Contract Agreement Documentation Negotiation

Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged

Constructlaw

SEPTEMBER 29, 2020

Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of arbitration agreements. After the project began, a labor union representative approached and asked MZM’s president to execute a “short-form agreement.”

Agreement

Agreement Bargains New Jersey Contract

IPD LEAN Construction JOB ORDER CONTRACTING

Job Order Contracting

AUGUST 2, 2017

IPD LEAN Construction JOB ORDER CONTRACTING – all are interrelated and all can lead to measurably improved outcomes for all participants. JOC – Job Order Contracting – IPD specifically for renovation, repair, and minor new construction projects. IPD LEAN Construction JOB ORDER CONTRACTING – PRACTICES.

Contract

Contract Construction Consulting Risk

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

Best Practices Construction Law

MARCH 17, 2021

And there are times when parties to a construction contract face a goocher. Khan Comfort, LLC , the Supreme Court of South Dakota held that a missing time element in a construction contract did not invalidate the contract. In other words, the court found that a contract existed—i.e., Here’s what I mean… In J.

Contract

Contract South Dakota Documentation Construction

Best Practice Job Order Contracting

Job Order Contracting

MARCH 29, 2017

Best Practice Job Order Contracting. The DOD has long been recognized as the leader in best practice job order contracting. Thus while County, State, and Local Governments in general have a ways to go in deploying Best Practice Job Order Contracting, the potential benefit are certainly worth the effort. Note that for.

Contract

Contract Office Negotiation Procurement

Job Order Contract Execution Guide – Sample Template

Job Order Contracting

FEBRUARY 20, 2018

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. The JOC will remain in effect for one year from date of contract award.

Contract

Contract Organization Change Orders Overhead

Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

Construction Law Monitor

AUGUST 9, 2011

Liberty Mutual Insurance Company (“Sloan”), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Brennan’s The Construction Contracts Book.

Agreement

Agreement Contract Insurance Construction

Setting up a Job Order Contract Using Best Management Practices

Job Order Contracting

NOVEMBER 7, 2017

Setting up a Job Order Contract Using Best Management Practices involves a mix of strategic and operational steps including a gap analysis of current and planned outcomes. . d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e.,

Contract

Contract Management Negotiation Estimating

JOC TASK ORDER Process Overview – USACE

Job Order Contracting

FEBRUARY 6, 2020

A Job Order Contract involved Projects and/or Task Orders. Entities/people involved in a JOC Program at a Project or Task Order levels include: client/building user, project managers, awarded JOC contractor, contracting officer/contracting officer representative, others as required.

Negotiation

Negotiation Contract Office Contractors

Joint Check Agreements On Construction Projects: What Suppliers Need To Know

Construction Law Monitor

SEPTEMBER 17, 2013

Joint check agreements are very popular in the construction industry. In fact, many folks mistakenly believe that joint check agreements are exclusively a construction industry instrument. Perhaps the joint check agreement is the most misunderstood and dangerous document you can confront on a construction project.

Agreement

Agreement Construction California Security

2022 Construction Tips for Restaurant and Other Commercial Building Owners

Wolgast Corporation

JUNE 28, 2022

The cost and availability of building materials can presently be described as highly unpredictable, so the pre-planning phase has become the key to Restaurant Construction more than ever before! With our self-performed trades, we don’t need to wait around to get projects started and we can schedule our sub-contracted crews, appropriately.

Commercial

Commercial Income Construction Materials

Construction Contracts Online: ConsensusDOCS and AIA Go Head-to-Head

Best Practices Construction Law

JUNE 27, 2012

Last month, ConsensusDOCS released an entirely new online platform to deliver its construction form contracts. ENR journalist Johanna Knapschaefer wrote a good piece about " ConsensusDOCS Contract Library Takes to the Cloud, " where she described the real-time collaboration needed for contract negotiations.

AIA

AIA Contract Agreement Documentation

Contracts Must Be Clear on "Arbitrability" Question, Especially for $56M Claims

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

Claims Contract Agreement Massachusetts

Twists and Turbines — A New York Case Highlights an Owner’s Risk When Not Using Full-Wrap EPC Delivery

Constructlaw

NOVEMBER 22, 2022

But the statute makes clear that it runs from the professional’s “completion of performance under the contract.” Even if the general contractor was somehow responsible for the verification, the owner accepted the general contractor’s work during inspection, and found it in general conformance with the contract plans and specifications.

New York

New York Risk Claims Liability

Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects

Best Practices Construction Law

MARCH 29, 2016

This is more than an academic exercise for lawyers—there’s a very practical reason to track the legislation opening the roads to design-build contracts. If you are a contractor that works in the highway construction industry, then you will want to know and understand whether design-build presents an opportunity for you and your company.

Roads

Roads Design Contract New Mexico

Home Improvement Contracting – Things Have Changed

Construction Law Monitor

JULY 23, 2013

Importantly, with regards to home improvement contracting, things have changed. Before a discussion on the changes to home improvement contracting, I would direct you to previously written articles on this blog home improvement contracting generally. Casting a Wider Net. Previously, La. Expanding the Exceptions.

Contract

Contract Louisiana Contractors Regulation

Litigation Topics for Prime / Subcontractor Contracts

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. Prime/Subcontractors Contracts.

Contract

Contract Change Orders Lien Contractors

Navigating challenges in construction administration

BD+C

AUGUST 28, 2023

Rebekah Schranck, AIA Contractors Designers / Specifiers / Landscape Architects Architects Building Owners Construction Administration presents its fair share of challenges in the architectural industry, from managing clients' change of heart in the midst of construction to dealing with contractors that are reluctant to revise their work.

Construction

Construction AIA Architecture Contractors

Indemnification Clause in Construction Contract was Expensive for Contractor

Construction Lawyer

FEBRUARY 28, 2014

There was an indemnification provision in the contractor/subcontractor agreement that read as follows: A. Thus, the terms of the indemnification clause have been triggered, and SJ must afford 281 Broadway and Pavarini indemnification according to the terms of the Pavarini/SJ contract. contracts insurance litigation'

Contract

Contract Contractors Insurance Accidents

Job Order Contracting – JOC – DOD – AFARS

Building Information Management

APRIL 25, 2016

Subpart 5117.90 – Job Order Contracts. Job order contract” means an indefinite-delivery, indefinite-quantity contract which is awarded on the basis of full and open competition and effective competition and is used to execute sustainment, restoration and modernization projects at installation (post, camp, or station) level.

Contract

Contract Negotiation Office Estimating

#117: Building Information Modeling

NH Construction Law

OCTOBER 1, 2022

Whether a BIM model is considered a Contract Document required to be followed is a matter for agreement among the project participants. In the absence of agreement on the point, ordinary contract principles will determine whether a party’s reliance on a BIM model furnished by the other party is reasonable.

Modeling

Modeling BIM Contract Documentation

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Best Practices Construction Law

SEPTEMBER 24, 2020

Since the applicable statute waives a county’s sovereign immunity for breach-of-contract damages that are “a direct result of owner-caused delays,” the Court had to decide whether disruption damages—as opposed to delay damages—were recoverable. The Contract. Nevertheless, the Contractor completed its work within the contract time.

Claims

Claims Compensation Contract Contractors

Legal Documents Required for Purchase of Property

CivilJungle

AUGUST 8, 2022

Sale Agreement. The sale agreement documents carry all crucial facts about the land ownership and the customer and dealer. Only after the sale agreement can we tell the sale of custody becomes finished. Mother Agreement. Sale agreement: This document lists all kind of information about the property ? Deed or title.

Documentation

Documentation Legal Certification Agreement

Lawsuit Over LEED Documentation

Green Building Law Update

JULY 27, 2014

A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. With a performance bond in place, the City and the surety announced in early March that they has negotiated a takeover agreement that will allow a new contractor to complete construction.

Documentation

Documentation Certification Contract California

5 Tips for Writing a Construction Contract

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

Contract Legal Construction Documentation

Contracts: What to Look Out for

Help Everybody Everyday

MARCH 6, 2009

As a Principal, Business Developer, or someone who is responsible for bringing in business for your construction firm, you are very likely to come across contracts. Contracts are an agreement signed by your firm and a client that sets the rules for the work to be done. Clauses specifying a location for any lawsuit.

Contract

Contract Claims Legal Lien

8 Main Types of Construction Contracts

Autodesk Construction Cloud

SEPTEMBER 1, 2022

A contract’s a contract, right? There are many construction contract types out there. The construction industry uses different kinds of agreements depending on the project’s scope, delivery, schedule, budget, and the parties involved. The eight types of construction contracts include: cost-plus construction contract.

Contract

Contract Maine Construction Agreement

What to Know about Lease Hold Improvements for Your Business

Wolgast Corporation

APRIL 25, 2022

From there, the landlord and tenant enter into a construction agreement with the allowance and cost pre-determined. Additionally, there is a clause presented for fixtures that become part of the property. Maintenance Coverage.

Leases

Leases Remodeling Negotiation Office

Characteristics of Strategic Collaboration and Efficient Construction Project Delivery

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

Construction Project Management Engineering Management

Tax Reform Impact on Employers and Employees

Revit OpEd

DECEMBER 22, 2017

On December 15, 2017, Congressional Leaders announced that the conferees appointed by both the House and the Senate reached an agreement to reconcile differences between the House’s version of the Tax Cuts and Jobs Act (the “House Bill”) with the Senate’s version of the Tax Cuts and Jobs Act and unveiled the text of a final bill (the “Tax Bill”).

Employment

Employment Compensation Agreement Income

The Construction Specifications Institute Endorses AIA’s Design Build Documents

Construction Superintendent Magazine

JUNE 11, 2015

This endorsement follows a thorough review of the 2014 documents by CSI liaisons to the AIA Contract Documents Committee and by the CSI Technical Committee, both of which analyzed the documents for good industry practice, consistency and alignment with CSI core technical values.

Documentation

Documentation CSI Design AIA

Contractor’s Alleged Licensing Violation Raises Due Process Concerns in Mississippi

Best Practices Construction Law

MARCH 11, 2020

For contractors, a licensing violation can have a crippling effect on all projects, the ability to perform, and the ultimate ability to recover amounts owed under a contract. For an owner, an unlicensed contractor may affect financing options on one end and the contractor’s entitlement to recover profits on the other end.

Mississippi

Mississippi Contractors Contract Certification

Dos and Don’ts for your Job Order Contracting Consultant RFP

Building Information Management

SEPTEMBER 26, 2012

Dos and Don’ts for your Job Order Contracting Consultant RFP. So, inspired by the Do and Don’t section of a popular fashion magazine, here’s my version for the Job Order Contracting world. All of these contract provisions come from actual RFPs in my files. All of these contract provisions come from actual RFPs in my files.

Consulting

Consulting Contract Subcontracting Software

What Is a Certificate of Insurance (COI) for Contractors — and When Do You Need One?

Levelset

OCTOBER 13, 2022

Construction contracts often require that each hired specialty contractor maintain a minimum level of insurance coverage, and a COI will reflect that status. If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. It is a contract between your business and the insurance company.

Insurance

Insurance Certification Contractors Liability

Architect's Consent to Assigment

Construction Lawyer

MAY 13, 2013

It may gain this control through an assignment of the architect’s agreement to the bank upon the default of the borrower. Most owner/architect agreements allow for the assignment to take place if the borrower defaults under the loan agreement with its lender, the bank. contracts general'

Banking

Banking Agreement Bankruptcy Bargains

#89: COVID-19 as a “Hazardous Substance” Justifying Delay or Suspension

NH Construction Law

MAY 24, 2020

For everyone’s protection, construction contracts often contain provisions for suspending work when a hazardous substance is encountered at a job site, with companion clauses governing extensions of time and extra compensation. The AIA’s popular A201 General Conditions (2017), for example, contains these provisions: § 10.3.1

Contract

Contract Materials Contractors Injury

California Legislature Further Helping Subcontractors

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

California Subcontracting Contract Legal

Arbitration: What Is It? Why Should You Care?

Best Practices Construction Law

SEPTEMBER 16, 2013

These can include: engaging in informal settlement discussions, taking the dispute to an initial decision maker identified in the contract, or hiring a third-party mediator to help the parties find a resolution. In cases where arbitration is required by contract, statute, or court order, the consent of the other party is not needed.

Legal

Legal Contract Agreement Organization

Joint public-private sector effort needed to mitigate the construction sector’s embodied carbon problem

BD+C

OCTOBER 20, 2023

They could also work with their utility provider to buy direct renewable power or contract with renewable energy developers to secure a power purchase agreement or virtual power purchase agreement to secure direct renewable power. Manufacturers could invest in on-site renewable energy like solar PVs or wind, if viable.

Procurement

Procurement Life Cycle Construction Materials

Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

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). of the General Contract.

Subcontracting

Subcontracting Drafting San Francisco California

Arbitration: What Is It? Why Should You Care?

Best Practices Construction Law

SEPTEMBER 16, 2013

These can include: engaging in informal settlement discussions, taking the dispute to an initial decision maker identified in the contract, or hiring a third-party mediator to help the parties find a resolution. In cases where arbitration is required by contract, statute, or court order, the consent of the other party is not needed.

Legal

Legal Contract Agreement Organization

International Arbitration Experts Discuss The Impact On The Global Economy

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. According to one study, there are presently more than 5,300 pandemic-related filings in the United States.

Claims

Claims Insurance Bankruptcy Legal

#135: Unconscionable Arbitration Agreements

Types of Construction Contracts and Their Comparison

Trending Sources

#118: Letters of Intent Forming Enforceable Contracts

Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged

IPD LEAN Construction JOB ORDER CONTRACTING

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

Best Practice Job Order Contracting

Job Order Contract Execution Guide – Sample Template

Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

Setting up a Job Order Contract Using Best Management Practices

JOC TASK ORDER Process Overview – USACE

Joint Check Agreements On Construction Projects: What Suppliers Need To Know

2022 Construction Tips for Restaurant and Other Commercial Building Owners

Construction Contracts Online: ConsensusDOCS and AIA Go Head-to-Head

Contracts Must Be Clear on "Arbitrability" Question, Especially for $56M Claims

Twists and Turbines — A New York Case Highlights an Owner’s Risk When Not Using Full-Wrap EPC Delivery

Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects

Home Improvement Contracting – Things Have Changed

Litigation Topics for Prime / Subcontractor Contracts

Navigating challenges in construction administration

Indemnification Clause in Construction Contract was Expensive for Contractor

Job Order Contracting – JOC – DOD – AFARS

#117: Building Information Modeling

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Legal Documents Required for Purchase of Property

Lawsuit Over LEED Documentation

5 Tips for Writing a Construction Contract

Contracts: What to Look Out for

8 Main Types of Construction Contracts

What to Know about Lease Hold Improvements for Your Business

Characteristics of Strategic Collaboration and Efficient Construction Project Delivery

Tax Reform Impact on Employers and Employees

The Construction Specifications Institute Endorses AIA’s Design Build Documents

Contractor’s Alleged Licensing Violation Raises Due Process Concerns in Mississippi

Dos and Don’ts for your Job Order Contracting Consultant RFP

What Is a Certificate of Insurance (COI) for Contractors — and When Do You Need One?

Architect's Consent to Assigment

#89: COVID-19 as a “Hazardous Substance” Justifying Delay or Suspension

California Legislature Further Helping Subcontractors

Arbitration: What Is It? Why Should You Care?

Joint public-private sector effort needed to mitigate the construction sector’s embodied carbon problem

Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Arbitration: What Is It? Why Should You Care?

International Arbitration Experts Discuss The Impact On The Global Economy

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