ENR Construction

JUNE 15, 2022

agreement resolves claims of subcontracting kickbacks and bid rigging related to firm's past LOGCAP military operations support contract in Iraq. Justice Dept.

Contract 36

Contract Subcontracting Agreement Claims 36

NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. ” Paisner v. .”

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Construction Business Owner

JANUARY 21, 2013

January 22, 2013) – ConsensusDocs is releasin its first standard agreement for a lead architect or engineer to subcontract certain design work to other design professionals and consultants. The agreement makes it easier for architects, engineers to contract with other consultants providing a portion of design services work.

Agreement 120

Agreement Subcontracting Design Consulting 120

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. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

Contract 77

Contract Subcontracting Drafting Virginia 77

Constructlaw

APRIL 20, 2023

Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. Under FE&C’s theory, it was entitled to recover interest under a subcontract provision that generally incorporated all “terms and conditions … required by law.”

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

Contract 52

Contract Contractors Negotiation Subcontracting 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

Construction Lawyer

JANUARY 30, 2014

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation. Nor does the subcontract contain anything like Paragraph 24.3.3 of the General Contract. Dist, Sept.

Subcontracting 40

Subcontracting Drafting San Francisco California 40

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 100

Contract Organization Change Orders Overhead 100

BD+C

SEPTEMBER 26, 2013

The newly revised ConsensusDocs standard subcontract ( ConsensusDocs 752 for federal work) will make it easier for general contractors and subcontractors to perform federal work. read more.

Subcontracting 40

Subcontracting Compensation Agreement Contract 40

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. What is disturbing is the lack of transparency. Sometimes, the other party never actually sees the document.

Documentation 48

Documentation Contract Drafting Subcontracting 48

Construction Law Monitor

SEPTEMBER 19, 2013

The importance of your construction contract cannot be understated. Surprisingly, people on all ends of the contracting process don’t always understand the importance of the words chosen in their agreement. The scope of work section of a construction contract varies greatly. ” It is the basis of your contract.

Contract 62

Contract Liability Subcontracting Construction 62

NH Construction Law

NOVEMBER 30, 2020

in the United States District Court for any district in which the contract was to be performed and executed.” Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. What if the parties’ contract calls for arbitration?

Claims 40

Claims Subcontracting United States Contract 40

NH Construction Law

MARCH 24, 2018

Given the importance of nailing down any changes to an original scope of work along with their price and schedule effects, many construction contracts require change orders to be in writing, and even define change orders as written instruments. 659, 670 (2013), but not if the parties’ contract addresses the subject matter of the claim.

Change Orders 40

Change Orders Subcontracting Contract Claims 40

Constructlaw

DECEMBER 1, 2022

RKI contracted with Ameriflow Energy Services LLC and Crescent Services LLC through two master service agreements (MSAs) and a series of work orders. Notably, it was unclear whether Crescent supplied those services under a subcontract agreement with Ameriflow or whether the two entities were somehow affiliated.

Texas 52

Texas Claims Contract Agreement 52

NH Construction Law

FEBRUARY 27, 2021

In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. Ambrose Development, LLC , No.

Contract 40

Contract Subcontracting Deals Bidding 40

Construction Lawyer

JANUARY 19, 2015

The contract between the parties contained these dispute resolution provisions: § 6.2.1 Any claim arising out of or related to this Subcontract. Demand for arbitration shall be filed in writing with the other party to this Subcontract and with the American Arbitration Association, and a copy shall be filed with the Architect.

Contract 40

Contract Subcontracting Claims Drafting 40

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. The shorter, easier, and more concise a contract is, the better it protects you.

Contractors 98

Contractors Contract Legal Change Orders 98

Best Practices Construction Law

FEBRUARY 21, 2018

Whether you are required by contract or law, purchase and maintaining the appropriate coverage can help you avoid catastrophe on your project. The subcontract agreement required the subcontractor to indemnify and hold harmless the contractor against claims of bodily injury resulting from the subcontractor’s work.

Insurance 54

Insurance Subcontracting Injury Construction 54

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 56

Contract Change Orders Lien Contractors 56

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. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction Dive

DECEMBER 5, 2012

Will the newly updated ConsensusDocs 752 Federal Subcontract Agreement make it significantly easier for general contractors and subcontractors to perform federal work? David Mendes, a spokesperson for the American Subcontractors Association (ASA), believes so. ” Read more. . ” Read more.

Subcontracting 48

Subcontracting Agreement Regulation Contract 48

Levelset

APRIL 15, 2022

Read a sample subcontract. Taking a closer look at the terms of a typical contract will provide you with important information about insurance, safety, dispute resolution, and more. Download Mayer Building Company’s sample subcontractor agreement. . Learn about company processes. Progress payments. Forms & documents.

Resource 97

Resource Lien Documentation Change Orders 97

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 40

Consulting Contract Subcontracting Software 40

Construction Dive

DECEMBER 5, 2012

” These clauses are common in subcontracts. Prime contract schedules are frequently altered by the project owner or other factors beyond the contractor’s control. A contractor may want flexibility in scheduling subcontracted work. They elect to schedule the work “as directed.”

Schedule 48

Schedule Subcontracting Claims Agreement 48

NH Construction Law

MARCH 13, 2019

Many contracts specify that an owner may terminate a contractor, and many subcontracts specify that a contractor may terminate a subcontractor, either for cause (i.e., But this much is reasonably certain: if the contract affords the terminated party with an opportunity to correct deficiencies -- Section 12.2.1 without breach).

Subcontracting 40

Subcontracting Contract New Hampshire Contractors 40

NH Construction Law

JUNE 30, 2022

Contracting parties contemplate the possibility of delays, and often include contract language to address them – sometimes with clauses precluding a contractor from any monetary compensation for delays, even owner-caused delays. Several states even have statutes disallowing such clauses in the public contract setting.

Liability 40

Liability Contract Iowa Contractors 40

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? “Conditions in contracts are construed in accordance with their ordinary meaning.” JBC Merger Sub LLC v. 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

NH Construction Law

AUGUST 21, 2022

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. ” Id. million,” id. But I think the answer to the question is yes. Punch list completion and warranty obligations will not be bonded! Berwick , 150 N.H.

Liability 40

Liability Contract AIA Contractors 40

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 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

Help Everybody Everyday

NOVEMBER 1, 2018

Yes, millions of dollars per year are spent by firms in the construction industry trying to get clients to recognize their brand and award them contracts. When a general contractor is hired to build a project, they typically “hold the contracts.” ” What that means is they have a contract with the owner.

Industrial 149

Industrial Construction Bidding Renovating 149

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

NH Construction Law

MAY 28, 2018

Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. But hey, who ever said that general contracting was risk-free?

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 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., from Cialis.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Marketing Ideas

MARCH 11, 2016

While the definition of a default depends on the terms of the SDI policy, it is solely based on a failure to fulfill the terms of a covered subcontract. SDI is a two-party contract, between the general contractor and the SDI carrier; the contractor pays the premium to the SDI carrier and the subcontractor pays nothing.

Legal 48

Legal Consulting Subcontracting Industrial 48

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