Construction Dive

FEBRUARY 12, 2015

Most often, a disputed change order request or claim for extra costs on a construction project will require one or more negotiation sessions between the contractor and owner to arrive at the final cost and time impact. Negotiation offers the last and best opportunity to settle a dispute without resorting to arbitration or litigations.

Negotiation 48

Negotiation Claims Change Orders Agreement 48

Construction Enquirer

JULY 31, 2023

Engineering construction workers operating under the Blue Book agreement have overwhelmingly rejected contractors’ final wage increase offer. “However, we remain open to meaningful negotiations and believe it is in the interests of all parties to start such talks as soon as possible. ”

Engineering 72

Engineering Union Negotiation Construction 72

Construction Enquirer

JULY 5, 2023

Electricians are set for a 7% wage rise from 2024 after a new pay deal was hammered out by electrical contractors and union Unite under the JIB collective agreement. “This agreement gives us an opportunity to work with Unite on longer-term ambitions to update and modernise the industry to improve skills for a low carbon economy.”

Agreement 74

Agreement Electrical Deals Bargains 74

Job Order Contracting

FEBRUARY 6, 2020

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. Only the contracting officer can negotiate/approve non pre-priced item(s) in the task order.

Negotiation 151

Negotiation Contract Office Contractors 151

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

Best Practices Construction Law

MAY 7, 2014

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim?

Claims 69

Claims Negotiation Bargains Visualization 69

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

Construction Dive

JANUARY 22, 2015

By Bruce Jervis Project Labor Agreements are controversial. These are pre-hire agreements between a general contractor or a construction manager and a designated collective bargaining representative for all labor on the project. The court concluded there was conflicting evidence on the effect of PLAs on non-union contractors.

Agreement 48

Agreement Union Bargains Maryland 48

Best Practices Construction Law

MARCH 28, 2013

ConsensusDocs released the new ConsensusDocs 498 Design-Build Teaming Agreement today, which provides a standard contract for parties desiring to form a team for the purpose of submitting a bid on a design-build project. Critical issues such as confidentiality, withdrawal from the team, and document ownership are included.

Agreement 48

Agreement Negotiation Documentation Contract 48

Job Order Contracting

JULY 28, 2021

California Contractor Tests the Bounds of Job Order Contracting. When entering into a JOC contract, a JOC contractor agrees to perform work at prices set forth in a Construction Task Catalog also known as a unit price book which includes current local labor, material and equipment costs. Torres Construction Corp.,

Contract 130

Contract Negotiation Los Angeles Estimating 130

Contractor Bookkeeping

MAY 5, 2014

Why Sell Service Agreements? Service agreement holders are more likely to be clients that add more value to your construction company because they represent the most loyal segment of your customer base. Every service agreement customer represents a future work. Every service agreement customer represents a future work.

Cash Flow 48

Cash Flow Agreement Profitability Contractors 48

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

HardHatChat

JANUARY 27, 2011

In fact, Crain’s Chicago Business just reported that Moe’s Southwest Grill has sold restaurant franchise agreements to open 10 new units in the Chicago market. First-timers tend to go with a low-bidding pick-up truck contractor only to realize you get what you pay for. You shouldn’t have an adversarial relationship with your landlord.

Chicago 244

Chicago Construction Negotiation Agreement 244

Construction Dive

JULY 23, 2014

By Bruce Jervis It has long been controversial: Should design professionals be directly liable to construction contractors for deficiencies in the drawings and specifications? On one hand, contractors necessarily rely on the design documents when bidding and performing the work. There are arguments on each side. ” Read more.

Drawings 61

Drawings Contractors Design Liability 61

Pro Builder

JULY 20, 2021

The Best Way for Trade Contractors to Stay Out of the Courtroom. The best way for specialty trade contractors to stay out of the courtroom is to manage their clients’ expectations. Contract Essentials for Building Trade Contractors. Trade Contractors. Tue, 07/20/2021 - 07:00. Karalynn Cromeens. Labor Woes? Project Scope.

Contractors 98

Contractors Contract Legal Change Orders 98

Construction Law

APRIL 2, 2024

Termination Spiking the guns of trigger-happy contractors Barrister Nick Kaplan of 3 Paper Buildings analyses a Technology and Construction Court decision in the first case where it considered whether a contractor had validly exercised a right to terminate under a JCT contract. Permission to appeal has already been granted.

Construction 52

Construction Liability Risk Contract 52

Levelset

OCTOBER 31, 2022

Governments balance the needs of both by requiring contractors, property owners, and others involved in construction to mitigate the effect of building activity on the environment, including air, water, and animal and plant life. In general, these laws apply to both contractors on the jobsite and the owner of the completed building.

Regulation 52

Regulation Contractors Permits Construction 52

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. Liquidating Agreement. Sloan pg 17. See Carl A.

Agreement 57

Agreement Contract Insurance Construction 57

Job Order Contracting

JANUARY 5, 2017

This course teaches students strategies and procedures for technical discussion and negotiation with contractors in the JOC task order process. The underlying themes through all the modules of the course emphasize a cooperative working agreement between contractor and government; efficient and timely processing and completion of.

Contract 100

Contract Negotiation Office Agreement 100

Job Order Contracting

FEBRUARY 20, 2023

(a) A JOC should be considered when the workload is anticipated to be of such a yearly volume that benefits derived from a JOC utilization are greater than the costs of the Government resources and contractor overhead associated with establishing and using a JOC. b) Statement of work. (1) d) Distribution. as-built drawings and warranties).

Contract 226

Contract Office Negotiation Documentation 226

Wolgast Corporation

APRIL 25, 2022

If there aren’t already those permissions included, then lease hold improvements can be negotiated when you renew your lease. The items that are approved and agreed upon are then put into a work plan for contractors to establish a cost. There are other ways to negotiate a lease hold improvement.

Leases 62

Leases Remodeling Negotiation Office 62

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. The parties ultimately reached a settlement agreement regarding these claims. While these appeals were pending but before the execution of the settlement agreement, T.H.R.

Agreement 52

Agreement Claims Contract United States 52

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. ” And such a voluntary undertaking is exceedingly rare.

Banking 40

Banking Inspections Construction Lien 40

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

Job Order Contracting

SEPTEMBER 23, 2017

Bidding/Negotiating/Procurement. Project Delivery is the embodiment of the workflows, requirements, and contractual relationships, between the owner, architect/engineer (A/E), contractor(s), and building users, among others. LEAN Pre-Construction services considerations significantly improve outcomes. Project Delivery Method Selection.

Construction 100

Construction Procurement Agreement Contract 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

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. Businesses looking to negotiate this rocky terrain have a valuable tool at their command: restrictive covenants.

Employment 98

Employment Agreement New York City Resource 98

Constructlaw

FEBRUARY 21, 2023

The state of Iowa hired Lunda Construction Company (Lunda) as the general contractor for the project, which contracted Industrial Steel Construction, Inc. The court of appeals noted that the Supreme Court has long held a “liberal federal policy favoring arbitration agreements.” Lunda Construction Company , 33 F.4th

Iowa 52

Iowa Contract Agreement Mississippi 52

Construction Dive

FEBRUARY 6, 2013

By Bruce Jervis Sometimes final written contract documents are not consistent with prior negotiations or solicitations. A private project owner may alter equipment specifications without calling the change to the attention of the contractor.

Contract 48

Contract Negotiation Agreement Claims 48

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

Best Practices Construction Law

NOVEMBER 6, 2019

The Supreme Court of Vermont recently held that the conditions attached to a contractor’s payment of retainage to a subcontractor violated the state’s Prompt Pay Act. By letter to the subcontractor, the contractor refused to pay the additional monies. ” The contractor did not reply. In J&K Tile Company v.

Vermont 54

Vermont Lien Claims Negotiation 54

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

Help Everybody Everyday

NOVEMBER 1, 2018

General Contractor. Trade Or Specialty Contractor. When a general contractor is hired to build a project, they typically “hold the contracts.” But they’ll also have contracts with trade or specialty contractors who are building specific pieces of the project (like the electrical work, for example).

Industrial 149

Industrial Construction Bidding Renovating 149

Best Practices Construction Law

JANUARY 22, 2018

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. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

Job Order Contracting

NOVEMBER 7, 2017

(a) Use of a “Unit Price Book” to pre-price the direct material, labor, and equipment costs associated with tasks listed in the book coupled with one or more “coefficient(s)” to cover contractor profit and indirect costs. (b) the JOC contractor formally accepts the order, as mutually agreed, with real property owner. (e)

Contract 100

Contract Management Negotiation Estimating 100

Best Practices Construction Law

DECEMBER 18, 2019

Although the projects involved different prime contractors, the same specialty door subcontractor was claimed to have failed to pay the sub-subcontractor, who sued for approximately $140,000. certifications and/or lien waivers) to the prime contractors to obtain payment. Mass) (Dec.

Lien 71

Lien Claims Massachusetts Contract 71