Construction Marketing

JANUARY 24, 2022

While you are not legally obligated to offer health plans to these workers, you can still choose to. The phrase “1099 employee” generally describes people that act as independent contractors or are “self-employed.” Instead, 1099 workers are paid based on your agreement with them. What is a 1099 Employee?

Insurance 156

Insurance Plans Contractors Employment 156

Constructlaw

NOVEMBER 9, 2022

District Court for the Southern District of Illinois recently enforced a partially executed agreement to arbitrate where the party that failed to countersign demonstrated assent through its acts and conduct. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

District Court for the Southern District of Illinois recently enforced a partially executed agreement to arbitrate where the party that failed to countersign demonstrated assent through its acts and conduct. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

NH Construction Law

SEPTEMBER 28, 2021

2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). A legal doctrine called “mutuality of obligation” – or in lay terms, if both sides are not bound, neither side is – comes into play here. Sphere Drake Insurance, PLC , 202 F.3d 3d 71, 81 (1st Cir. 311 F.Supp.3d

Agreement 40

Agreement New Hampshire Subcontracting United States 40

Best Practices Construction Law

SEPTEMBER 29, 2020

But I have never really thought about that legal principle because, “People don’t really do that, do they?”. the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction Co. Fouches and Assoc.,

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Levelset

APRIL 15, 2022

They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. Contractors often wish they could simply deal with the insurance company directly through an assignment of benefits. The AOB agreements need to be in writing.

Insurance 52

Insurance Contractors Lien Claims 52

Levelset

FEBRUARY 18, 2022

In Minnesota, prevailing wage laws apply to state-funded construction projects that are over $2,500 with one trade contractor or over $25,000 with more than one trade contractor. Prevailing wage rates are often higher than what most contractors pay their workers. Types of projects where Minnesota prevailing wages apply.

Minnesota 52

Minnesota Contractors Cash Flow Finance 52

Best Practices Construction Law

SEPTEMBER 23, 2020

22, 2020) (PDF) , the United States District Court for the District of Maryland held that a construction contractor had waived certain payment obligations by accepting late payments without, but that it did not waive the same payment obligations with respect to future payments. The Town of Sudlersville, Maryland (Sept. The contract.

Contractors 62

Contractors Contract Agreement Maryland 62

Pro Builder

JULY 20, 2021

The Best Way for Trade Contractors to Stay Out of the Courtroom. You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. The best way for specialty trade contractors to stay out of the courtroom is to manage their clients’ expectations. Trade Contractors. Karalynn Cromeens.

Contractors 98

Contractors Contract Legal Change Orders 98

Levelset

APRIL 28, 2022

In recent years, inflation, supply chain issues, and labor shortages have only increased the likelihood of project delays, performance issues, and contractor default. While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC.

Insurance 52

Insurance Contractors Claims ABC 52

Construction Marketing

JANUARY 31, 2019

However, most investors and contractors don’t seem to realize this until they find themselves in the midst of such a problem. In fact, some projects end up being aborted simply because the contractor and the property owner could not agree on certain issues. Having a gentleman’s agreement is the worst mistake you could ever make.

Agreement 121

Agreement Construction Documentation Risk 121

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

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 GC then hires contractors, which is where the subcontractor agreement comes into play.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Construction Marketing Ideas

MARCH 11, 2016

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

Levelset

JULY 21, 2022

In order to perform construction work, many states require contractors to be “licensed and bonded.” Well, every state sets its own rules for contractor licensing, and contractors often must purchase a surety bond in order to legally practice their trade. What is a contractor license bond? What does that mean?

Contractors 52

Contractors Claims Oregon Residential 52

BD+C

NOVEMBER 6, 2018

One of the most notable changes is a new Contractor-Subcontractor Master Agreement and accompanying work order. The new agreement allows a contractor and subcontractor to agree to a predefined set of terms and conditions that apply to multiple scopes of work.

Documentation 45

Documentation AIA Agreement Contract 45

Levelset

OCTOBER 13, 2022

To help your business remain viable, contractor’s insurance should be a crucial part of your financial strategy. Insurance also puts other parties’ minds at ease when they want to hire you as a specialty contractor. If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement.

Insurance 52

Insurance Certification Contractors Liability 52

Best Practices Construction Law

JUNE 14, 2022

And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to your lien rights. The statute provides: (a) Provisions in lien waivers, releases, construction agreements as defined in G.S. 22B-1(f)(1), or design professional agreements as defined in G.S.

North Carolina 62

North Carolina Lien Agreement Claims 62

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 51

Agreement Construction California Security 51

Construction Law

APRIL 2, 2024

Legal terms explained Kyle Melville of Herbert Smith Freehills LLP explains what is meant by Scott Schedules. Alternative dispute resolution Non-disclosure agreements in settlement: they are not all bad! Our latest alternative dispute resolution series article looks at the use of non disclosure agreements when settlements are reached.

Construction 52

Construction Liability Risk Contract 52

Construction Marketing

JANUARY 25, 2023

This can be done through a purchase or lease agreement. During the construction phase, the developer works with architects, engineers, and contractors to bring the project to life. Developers must consider potential legal issues and navigate the complex process of acquiring and developing properties.

Commercial 211

Commercial Leases Regulation Finance 211

Job Order Contracting

MARCH 3, 2018

Any information provided it NOT intended as any form of legal guidance. Authorizes job order contract to all K-12 school districts, that have entered into project labor agreements, for public works over $25,000. Associated General Contractors of Virginia Legislative Reports. 2010 Arkansas Code. 2003-2004). Opinion No.

Guidelines 100

Guidelines Arkansas Minnesota Virginia 100

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

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. Section 2810.3

California 49

California Contractors Liability Employment 49

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 81

Construction AIA Architecture Contractors 81

NH Construction Law

FEBRUARY 25, 2023

Owner/borrowers like it as well; preventing the contractor from getting ahead of them in payments incentivizes proper contract performance, and a set of professional eyes to determine whether the contractor’s draw requests are justified is a welcome feature. That puts the owner/borrower in a pickle.

Banking 40

Banking Inspections Construction Lien 40

Best Practices Construction Law

SEPTEMBER 24, 2020

Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The County entered into an agreement with the Contractor to expand a three-mile stretch of road. Nevertheless, the Contractor completed its work within the contract time.

Claims 118

Claims Compensation Contract Contractors 118

Levelset

APRIL 8, 2022

Restoration contractors often work on a property after damage from a storm, fire, or other natural disaster. Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects. Insuring agreement.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

Restoration contractors often work on a property after damage from a storm, fire, or other natural disaster. Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects. . Insuring agreement.

Insurance 52

Insurance Claims Agreement Lien 52

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

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

Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

Levelset

JUNE 3, 2022

Construction contractors face potential loss with each project they take on. When a loss occurs, it can put a real crunch on a contractor’s cash flow. Project loss insurance has the potential to save contractors from devastating project losses, no matter the cause. It also helps contractors manage cash flow during a loss.

Insurance 52

Insurance Cash Flow Claims Contractors 52

Best Practices Construction Law

JUNE 15, 2022

when you are going to get paid…”Contractor shall pay Subcontractor within 15 days after receipt of payment from the Owner.”); pay if paid is a function of whether you get paid (i.e., shifting the risk of nonpayment … “Payment from the Owner to the Contractor is a condition precedent to payment from the Contractor to the Subcontractor.”).

Virginia 118

Virginia Contract Lien Construction 118

NH Construction Law

NOVEMBER 25, 2022

It is common in construction litigation for contractors suing owners to assert a right to recover damages for more than just a breach of contract. Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” ” Petrie-Clemons v. 2018 WL 3237974 (N.H.

Equity 40

Equity Legal Contract New Hampshire 40

Construction Law Monitor

MARCH 6, 2012

Just the other day here at Wolfe Law Group , I had to do so research for a client on the licensing rules for contractors. This got me thinking that many contractors and hiring parties do not necessarily know the rules that govern contractors of all types. Home Improvement Contractors ( La R.S. 37:2150 et seq. See La R.S.

Louisiana 68

Louisiana Contractors Certification Contract 68

Best Practices Construction Law

JUNE 18, 2018

Many Tennessee contractor’s have felt the same way with the changes in the licensing laws over the past few years. The rule relating to the effect of a contractor who exceeds its licensing limit is now clear based upon the decision in Clayton Pickens v. The lazy teenagers slept. Mom and dad were triggered for eight hours.

Contractors 59

Contractors Tennessee Documentation Contract 59