Federal Construction Contracting Blog

DECEMBER 9, 2022

Notable about this case is the contractor’s invocation of a July 2, 2020 Department of Defense (DoD) memorandum concerning the financial consequences on contractors with firm-fixed-price contracts lacking an economic price adjustment clause during “historic and unprecedented challenges” in the wake of the pandemic’s onset.

Contractors 52

Contractors Contract Defense Claims 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

Construction Equipment

SEPTEMBER 23, 2016

Lehman & Company (“JFLCO”) has announced it has signed a definitive agreement with Oldenburg Group Incorporated to acquire its Heavy Equipment Group, including both its defense and mining business units. In a return to its roots dating back to 1858, the new company will be named Lake Shore Systems, Inc.

Equity 48

Equity Equipment Defense Agreement 48

Pro Builder

OCTOBER 4, 2021

RM: Very often those businesses don’t have large or sophisticated IT or risk management departments that are actively engaged in maintaining defensive security for the business. We don’t just leave it to the IT people to take care of and maintain the defensive perimeter. You have perimeter defenses. so you have elevation.

Risk 98

Risk Defense Organization Insurance 98

Contractor Magazine

JANUARY 6, 2014

The United Association of Journeymen and Apprentices of the Plumbing & Pipefitting Industry and the Natural Resources Defense Council have reached an agreement on a landmark proposal to save energy and water in new buildings. Best Practices Piping'

Defense 68

Defense Agreement Resource Industrial 68

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

Pro Builder

OCTOBER 4, 2021

RM: Very often those businesses don’t have large or sophisticated IT or risk management departments that are actively engaged in maintaining defensive security for the business. We don’t just leave it to the IT people to take care of and maintain the defensive perimeter. You have perimeter defenses. so you have elevation.

Risk 97

Risk Defense Organization Insurance 97

Green Building Law Update

NOVEMBER 5, 2017

LEED Certification Agreement has a mandatory arbitration provision. However, the Department of Defense Appropriation Act precludes expenditure of funds on contracts in excess of $1 Million that require subcontractors and employees to consent to arbitration. Even the Green Business Certification Inc.

Green 120

Green Contract Documentation Claims 120

Construction Equipment

APRIL 8, 2014

Volvo has reconsidered a February 2013 agreement it made with Russia’s state-owned Uralvagonzavod to build an armored infantry fighting vehicle, according to a report from The Local. Renault Trucks Defense, owned by Volvo, would supply a motor for the vehicle and the vehicle would thus need approval from Stockholm. '

Defense 56

Defense Agreement 56

Construction Lawyer

APRIL 16, 2009

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. Weil-McLain (Docket No.

Defense 40

Defense Illinois AIA Chicago 40

NH Construction Law

DECEMBER 19, 2020

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 2d 404 (1990), construing Florida law, held that general contractor’s “pay-if-paid” defense was not available to a surety. I promised elaboration on this question in an earlier blog (# 8).

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Levelset

MAY 16, 2022

The contract should constitute the entire agreement between the parties, including attached copies of any required notices. If, however, the agreement is a time and materials contract , a further breakdown is required. ” It’s a way to cancel the agreement with no harm and or penalties to either party.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. Others collect building data.

Green 120

Green Risk Claims Drafting 120

Job Order Contracting

JULY 28, 2021

B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work. JOC Contract: Enforceable Contract or Mere Agreement to Negotiate.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Constructlaw

AUGUST 3, 2023

17] The court explained that its prior precedent erroneously “equated the defenses to recognition and enforcement with the grounds for vacatur” [18] and that this was “plainly and palpably wrong.” [19] 3d at 1446 (“[T]he Convention’s enumeration of defenses is exclusive.”). [13] 11] See, e.g. , Ario , 618 F.3d 3d at 292; Yusuf , 126 F.3d

AIC 52

AIC New York Defense Agreement 52

Job Order Contracting

AUGUST 21, 2018

Master Contracts/Master Agreements – Optional-use contracts whose purpose is to facilitate obtaining supplies and services from multiple contractors by placing competitive work orders. General Services Administration (GSA), Department of Defense (DOD), and National 19 Aeronautics and Space Administration (NASA). REFERENCES.

Contract 100

Contract Renovating Sustainability United States 100

Best Practices Construction Law

AUGUST 9, 2012

Whether the court or the arbitrator decides the statute of limitations issues depends on the parties' contractual agreement. The real lesson here is to understand that the parties' agreement will determine who decides arbitrability of disputes. Who decides arbitrability? shall be finally settled by arbitration.

Agreement 48

Agreement New York Defense Claims 48

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

Viewpoint Construction Technology

SEPTEMBER 29, 2017

Besides partnering with one of the top tier providers of cloud services in the world, our security controls and audit processes are significant and include annual “red team” penetration testing by independent, third party, defense cyber warfare experts; testing that has resulted in no major issues ever reported. Beyond the software.

Security 144

Security Software Software Construction 144

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. In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment.

Contract 77

Contract Subcontracting Drafting Virginia 77

Construction Lawyer

OCTOBER 18, 2006

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. Indemnity Agreement.

Agreement 40

Agreement Illinois AIA Chicago 40

Autodesk Construction Cloud

JUNE 30, 2023

My challenge is to get people to drop their defenses a little bit in the name of productivity. With the enterprise agreement offering us unlimited access to the whole suite and cloud-based tools, it was a no-brainer. I think technology actually is part of the problem, not really the solution, in my role.

Autodesk 52

Autodesk Construction US BIM 52

NH Construction Law

MAY 20, 2023

Can its decision to give up money in a settlement agreement rather than litigate the owner’s claimed justification for nonpayment effectively bargain away the subcontractors’ right to payment under a pay-if-paid provision?

Contractors 40

Contractors Bargains New Hampshire Contract 40

Constructlaw

JULY 13, 2021

This is critically important in cases where the arbitration agreement selects the AAA without designating which of the various AAA arbitration rules the parties intended to apply (eg, the Commercial Arbitration Rules, Construction Arbitration Rules).

Construction 52

Construction Agreement Claims US 52

Best Practices Construction Law

MAY 20, 2016

The United States Court of Appeals for the Federal Circuit Contract recently addressed this issue in a government contract dispute where the parties’ agreement required the contractor to pay for fuel at the prevailing rate. What about the risk of escalation in material costs? In DG21, LLC v. The Back-and-Forth.

Risk 69

Risk Materials Contract Contractors 69

Best Practices Construction Law

SEPTEMBER 24, 2020

While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case. The County entered into an agreement with the Contractor to expand a three-mile stretch of road. The Contract.

Claims 118

Claims Compensation Contract Contractors 118

Autodesk Construction Cloud

FEBRUARY 8, 2022

As Construction Law Today explains, “a Change Order is a bilateral agreement between parties to the contract–an owner and prime contractor, prime contractor and subcontractor, two or more subcontractors–to change the contract. A change order represents a mutual agreement to change the work, schedule, price, or other term of the contract.

Change Orders 96

Change Orders Contract Project Management Schedule 96

Construction Lawyer

FEBRUARY 28, 2014

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. There was an indemnification provision in the contractor/subcontractor agreement that read as follows: A. In a recent New York case, Koerner v.

Contract 40

Contract Contractors Insurance Accidents 40

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

Claims 40

Claims Insurance Bankruptcy Legal 40

Constructlaw

MAY 3, 2023

Many construction agreements involving US-based projects use arbitration to resolve disputes instead of state or federal court litigation primarily because of the flexibility, cost-effectiveness, and control that arbitration affords the parties. These claims can involve, for example: The repair of damaged or improperly constructed work.

Construction 52

Construction Claims Contractors US 52

Revit OpEd

JULY 17, 2013

In my defense I said that whenever you get a letter from a lawyer it isn''t usually good news, not a "hey let''s chat sort of message". This morning I''ve described each blog''s purpose and it appears that we are in agreement that each of the three domains meet their criteria for Fair Use. They really wanted to know more about them.

Revit 40

Revit Autodesk Agreement News 40

Best Practices Construction Law

JUNE 21, 2016

The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. When you are required to strictly comply with a particular provision or legal requirement, then any departure from that requirement (no matter how insubstantial) can void the claim or provide an absolute defense.

Claims 82

Claims Contract Legal New York 82

Construction Lawyer

APRIL 3, 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. LEXIS 46151 (W.Dist.

Claims 40

Claims Agreement Illinois Subcontracting 40

NH Construction Law

MAY 31, 2021

.” In deciding to adopt the middle approach, the Denron court relied heavily on New Hampshire precedent holding that “Conditions precedent are not favored in the law, and we will not construe contracts to include them unless required by the plain language of the agreement in question.” But the message is clear.

Subcontracting 40

Subcontracting New Hampshire Contractors Contract 40

Levelset

MAY 20, 2022

A copy of the written agreement or contract and a statement of the completion or the value of partial completion of the agreement may be attached. Additionally, this needs to include any retainage that has not become due under the terms of the claimant’s contract.

Texas 52

Texas Claims Contract Legal 52

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. In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Buisness Facilities Contributed Content

MAY 26, 2014

Execution of the state’s agreement is contingent upon finalization of a local incentive offer as required by program criteria. Perry officially opened the office by signing a Memorandum of Understanding to formalize a Sister State Agreement. In another recent expansion in the Lone Star State, athenahealth Inc. Premier Newman and Gov.

Houston 102

Houston Austin Texas Office 102