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 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. Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation.

Subcontracting 40

Subcontracting Drafting San Francisco California 40

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

Construction Dive

AUGUST 24, 2017

An owner-contractor agreement calls for binding arbitration, but the subcontracts do not, allowing suits in court. The designers have no agreements with the constructors and no incentive to coordinate dispute resolution mechanisms. Read more.

Subcontracting 48

Subcontracting Agreement Contractors Industrial 48

Construction Dive

AUGUST 24, 2017

An owner-contractor agreement calls for binding arbitration, but the subcontracts do not, allowing suits in court. The designers have no agreements with the constructors and no incentive to coordinate dispute resolution mechanisms. Read more.

Subcontracting 48

Subcontracting Agreement Contractors Industrial 48

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

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

Job Order Contracting

JANUARY 5, 2019

Definition: IDIQ construction contracts are Indefinite Delivery Indefinite Quantity construction agreements that may or may not have associated detailed construction delivery processes and workflows. . No ability to subcontract—limited to trade specified in the contract. Contractors are awarded work strictly based upon performance.

Contract 100

Contract Construction Bidding Subcontracting 100

Viewpoint Construction Technology

APRIL 19, 2018

They allow contractors to work smarter rather than harder. On the operations side, our Viewpoint Team Project Management solution continues to transform how contractors are working. We’re committed to helping our clients grow and profit by embracing and deploying the latest construction software and technologies.

Office 130

Office Innovation Viewpoint Contractors 130

Levelset

APRIL 15, 2022

Mayer Building Company is a New Orleans-based general contractor that specializes in commercial construction and historic renovations. You’ll generally want to prequalify new general contractors before establishing a working relationship. Read a sample subcontract. Mayer Building Company overview. Evaluate credit history.

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Resource Lien Documentation Change Orders 97

Construction Dive

MARCH 10, 2016

By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. Featured …Assent to Unsigned “Standard” Subcontract Cannot Be InferredPrice Evaluation Tainted by Misinformation on Estimate What is disturbing is the lack of transparency.

Documentation 48

Documentation Contract Drafting Subcontracting 48

NH Construction Law

NOVEMBER 30, 2020

B & D Mechanical Contractors, Inc. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. 106-277 at *5 (1999), tells us: “This bill does not void subcontract provisions requiring arbitration or other alternative methods of resolving disputes. ” U.S.

Claims 40

Claims Subcontracting United States Contract 40

NH Construction Law

MARCH 24, 2018

of the A201 (2007) is typical: “A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect.” What if the contractor prepares a change order himself but the owner ignores it? ” Contractors speak that way. Section 7.2.1 Judges don’t. 33, 37 (1996).

Change Orders 40

Change Orders Subcontracting Contract Claims 40

Best Practices Construction Law

FEBRUARY 21, 2018

Proper insurance coverage is an important risk management tool for contractors, subcontractors, project owners/developers and design professionals. This was a hard lesson learned by a contractor recently in Vivify Construction v. The insurance policy provided “Additional Insured” coverage for the contractor.

Insurance 54

Insurance Subcontracting Injury Construction 54

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

NH Construction Law

FEBRUARY 27, 2021

A recent New Hampshire Superior Court case applied the covenant to restrict a contractor’s right to terminate a subcontractor “for convenience” – the ultimate exercise of discretion – before the subcontractor even starts work, simply in order to try to obtain a better price. Ambrose Development, LLC , No.

Contract 40

Contract Subcontracting Deals Bidding 40

Construction Dive

DECEMBER 5, 2012

Consequently, some project owners and contractors eschew precision and specificity in favor of flexibility and discretion. ” These clauses are common in subcontracts. Prime contract schedules are frequently altered by the project owner or other factors beyond the contractor’s control.

Schedule 48

Schedule Subcontracting Claims Agreement 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

NH Construction Law

MAY 28, 2018

Like many states, New Hampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. Davis Bacon requirements are yet another instance in which “[t]he prime contractor shall be responsible for the compliance by any subcontractor,” 29 C.F.R. § RSA 275:46.

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

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

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., 3d 406 (2015), for example, held that liquidated damages could be recovered from a contractor who was terminated for convenience. without breach).

Subcontracting 40

Subcontracting Contract New Hampshire Contractors 40

Construction Marketing Ideas

MARCH 11, 2016

SDI is obtained by the general contractor to protect it from subcontractor defaults—much like a performance bond or other guaranty. 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.

Legal 48

Legal Consulting Subcontracting Industrial 48

NH Construction Law

AUGUST 21, 2022

This can put the obligee, whether an owner holding its general contractor’s performance bond or a general contractor holding its subcontractor’s performance bond, in a difficult spot. Was the contractor correct that it could not lawfully terminate a subcontractor whose work was substantially complete? ” Id.

Liability 40

Liability Contract AIA Contractors 40

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

NH Construction Law

JUNE 30, 2022

They can arise from contractor fault, owner fault, or to events beyond either party’s control – or any combination of these. One example of active interference is issuance of a notice to proceed before the jobsite is ready for the contractor’s work. Delays on construction projects are as common as shells on the shore.

Liability 40

Liability Contract Iowa Contractors 40

Construction Law Monitor

SEPTEMBER 19, 2013

Surprisingly, people on all ends of the contracting process don’t always understand the importance of the words chosen in their agreement. Whether you’re a general contractor, subcontractor or homeowner, you should be familiar with all aspects of your construction contract. ” It is the basis of your contract.

Contract 62

Contract Liability Subcontracting Construction 62

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. Hill and Mary-Beth McCormack author a well written article on protecting a subcontractor from itself.

California 54

California Subcontracting Contract Legal 54

Job Order Contracting

FEBRUARY 20, 2018

It is also expected that during certain time of the year project loads may be significantly higher and contractor staffing should reflect these needs. The Contractor must take these costs into account when proposing the. UPB rate and the Contractor’s multiplier. authorization. authorization. exceed $XXXXXXX.

Contract 100

Contract Organization Change Orders Overhead 100

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.” Tully Construction Co. , Strict or substantial compliance.

Claims 82

Claims Contract Legal New York 82

Construction Lawyer

JANUARY 19, 2015

A dispute arose between a contractor and its subcontractor concerning the installation of temporary fire protection equipment. Any claim arising out of or related to this Subcontract. The arbitrator awarded attorneys fees to the general contractor and the subcontractor moved to vacate the fee award. Inman Construction, No.

Contract 40

Contract Subcontracting Claims Drafting 40

Construction Lawyer

DECEMBER 28, 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. from Cialis.

Agreement 40

Agreement Illinois AIA Chicago 40

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

Levelset

SEPTEMBER 12, 2022

Every contractor or sub purchases construction materials that eventually become part of the completed standing structure. A subcontractor will benefit only from a partial or total amount of liability coverage selected by the contractor. Learn more – Builder’s Risk vs. General Liability for Contractors: What’s the Difference?

Insurance 52

Insurance Liability Risk Materials 52

Autodesk Construction Cloud

OCTOBER 21, 2022

When a general contractor has a project to deliver, they will split it up into packages, such as drywall, plumbing, or mechanics, and invite subcontractors to bid on specific parts of the job defined by these specialties. . At this stage, contractors are requested to submit a proposal or tender. Subcontracting. Bid Submission.

Bidding 52

Bidding Construction Contractors Contract 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 (. 3d 736 (5th Cir. Forum selection clause.

Virginia 48

Virginia Texas Construction Subcontracting 48

Construction Lawyer

APRIL 3, 2012

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. million.

Claims 40

Claims Agreement Illinois Subcontracting 40

Green Building Law Update

DECEMBER 13, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Clark Construction was the general contractor. Permapost had a subcontract to apply pressure-treated PolyClear 2000 preservative to the Parallams.

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Foundation Liability Maryland Claims 120