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 was hired to design a restaurant for the owner. The lawsuit followed.

Agreement 45

Agreement Claims AIA Contract 45

Autodesk Construction Cloud

NOVEMBER 15, 2021

Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. For this reason, construction professionals must find better ways to craft and negotiate agreements. The shifting of risk and liabilities is a very common practice when drafting contracts.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Best Practices Construction Law

NOVEMBER 21, 2019

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.

Contract 77

Contract Subcontracting Drafting Virginia 77

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

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]. 01:30 p.m.

Green 149

Green Drafting Contract Sustainability 149

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 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. Dist, Sept.

Subcontracting 40

Subcontracting Drafting San Francisco California 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. 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

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 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. The agreement between the parties was the A101-1997, which was the vehicle by which other documents were incorporated into the contract.

Drafting 40

Drafting Contract AIA Documentation 40

Pro Builder

MAY 27, 2022

Those items proved valuable resources for conducting his new duties—so valuable that his previous employer sued for violation of confidentiality and nondisclosure agreements and for illegal use of trade secrets. Confidentiality agreements. What Is a Restrictive Covenant? Three Most Common Types .

Employment 98

Employment Agreement New York City Resource 98

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

Best Practices Construction Law

AUGUST 10, 2017

As an example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. The arbitration agreement provided: “If any material dispute, disagreement or controversy concerning this Agreement is not settled in accordance with the procedures set for in [previous section].

Contract 79

Contract Agreement Virginia Construction 79

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., Third-party documents may have been drafted to coordinate with other Division 00 documents or none at all. New York).

Documentation 52

Documentation Drafting Contract 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

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000. Weyerhaeuser Company, et al, pending in the U.S.

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. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000. Weyerhaeuser Company, et al , pending in the U.S.

Liability 120

Liability Maryland Green Agreement 120

Best Practices Construction Law

JULY 31, 2015

Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J. Legal Writing 89 (2008-09), here are a few items to think about when drafting contracts: A contract is about defining transactions and relationships. On occasion, circumstances dictate the necessity of revisions to your standard agreement.

Contract 48

Contract Drafting Claims Agreement 48

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. Elrod , where the parties had reached a settlement agreement through the email communications of the attorneys.

Tennessee 48

Tennessee Change Orders Contractors iPad 48

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

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 contractors registration number. In these current times, form documents and oral agreements are unacceptable.

Contract 69

Contract Construction Agreement Legal 69

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. In Massachusetts Highway Dept. Perini Corporation, 83 Mass.

Claims 48

Claims Contract Agreement Massachusetts 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

Construction Lawyer

AUGUST 21, 2014

The standard AIA agreements contain an express license. For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 the license granted in this Section 7.3 shall terminate.

AIA 45

AIA Agreement Contract Documentation 45

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

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. There is no need to waste taxpayer money to draft, argue, and pass bills such as these. Let the parties contract to whatever they want.

California 54

California Subcontracting Contract Legal 54

Best Practices Construction Law

OCTOBER 10, 2012

A contractor's recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. The Severin doctrine provides that a general contractor cannot sue an owner on behalf of one of its subcontractors to recover monies due to the subcontractor unless the general contractor is itself liable to the subcontractor.

Claims 48

Claims Rhode Island DOT Liability 48

GCP Applied Technologies

MAY 31, 2018

The ASTM C94 was initially drafted in 1935 as the governing standard for ready mix concrete , also to clarify items omitted in purchase agreements or project specifications. The producer and concrete contractor can rest assured that, no matter when the truck arrives, the batch will be ready to pour within the specified slump range.

Concrete 60

Concrete Management Equipment Drafting 60

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

NOVEMBER 26, 2012

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. Although courts treat oral agreement differently in each state, a written agreement will be easier to enforce. Contract Provisions. Project Management Tips. These include: Normal.

Cash Flow 48

Cash Flow Project Management Change Orders Agreement 48

Construction Lawyer

JANUARY 19, 2015

A dispute arose between a contractor and its subcontractor concerning the installation of temporary fire protection equipment. Prior to arbitration, the parties may, at the Contractor''s sole discretion, endeavor to resolve disputes by mediation in accordance with the provisions of Section 6.1. Inman Construction, No. Jan 9, 2015).

Contract 40

Contract Subcontracting Claims Drafting 40

Constructlaw

JULY 6, 2020

Department of State , 1 the Board rejected a contractor’s claim for additional costs related to demobilization and remobilization of the job site in Freetown, Sierra Leone, due to an Ebola virus outbreak. Contractors are suffering delays and increased costs due to COVID-19-related impacts, and ensuing litigation is inevitable.

Claims 52

Claims Contract United States Site 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

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

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.

Virginia 48

Virginia Texas Construction Subcontracting 48

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 Law Monitor

MARCH 28, 2011

For example, you will likely talk through an agreement pertaining to the price for labor as well as set deadlines for certain aspects of construction to be complete. Should your contractor fail to deliver agreed-upon services, you have a legally binding document to bring into court as a security of recourse. Get professional help.

Contract 50

Contract Legal Construction Documentation 50