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

Best Practices Construction Law

NOVEMBER 21, 2019

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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 Universal Concrete Products Corp. However, in Thomas J.

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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.

Liability 52

Liability Agreement Drafting Insurance 52

Levelset

APRIL 8, 2022

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. Some policies have broader coverage than others, and you can plainly see each named peril in the Insuring Agreement.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

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. Some policies have broader coverage than others, and you can plainly see each named peril in the Insuring Agreement.

Insurance 52

Insurance Claims Agreement Lien 52

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?” Depending on your state’s law, if you negotiate a check that is marked “paid in full” or even “final payment” then you are risking the fact that you may be settling any claims you have.

Claims 83

Claims Mississippi Legal Compensation 83

Levelset

APRIL 15, 2022

An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. It gives the assignee authority to file and negotiate a claim directly with the insurance company, without involvement from the property owner. The AOB agreements need to be in writing. What is an assignment of benefits?

Insurance 52

Insurance Contractors Lien Claims 52

NH Construction Law

FEBRUARY 25, 2023

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? All such contractual solutions depend on the leverage possessed by and the negotiation savvy of the parties to these arrangements. That puts the owner/borrower in a pickle.

Banking 40

Banking Inspections Construction Lien 40

NH Construction Law

OCTOBER 30, 2022

The usual legal requirements for a valid contract – offer, acceptance and consideration – can all be present in this type of LOI. The sticking point is usually the requirement of “a meeting of the minds about the contract’s terms: ‘each party must have the same understanding as to the terms of the agreement.’”

Contract 40

Contract Agreement Documentation Negotiation 40

Best Practices Construction Law

JUNE 12, 2015

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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 Universal Concrete Products Corp. However, in Thomas J.

Subcontracting 48

Subcontracting Legal Drafting Virginia 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. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Constructlaw

JUNE 17, 2022

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.

Colorado 52

Colorado Tennessee Claims Contract 52

Construction Lawyer

MAY 13, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. In other words, you use the stuff we post here at your own risk. A Legally Inclined Weblog. >.

Risk 40

Risk Design Illinois AIA 40

Best Practices Construction Law

NOVEMBER 6, 2019

the dispute involved the parties’ separate agreement wherein the contractor committed to pay the subcontractor for delay damages that were beyond the subcontractor’s reasonable control. In J&K Tile Company v. Wright & Morrisey, Inc. ,

Vermont 54

Vermont Lien Claims Negotiation 54

PSMJ Resources

SEPTEMBER 12, 2011

Good Project Management is Good Risk Management. Most risks are foreseeable and responsive to thoughtful project management. • Risk reduction by any means is usually superior to any management scheme. • Clearly written agreements are essential. Managing Risk in Public Works. Breakthough 2012.

Project Management 40

Project Management Risk Resource Management 40

Best Practices Construction Law

JUNE 27, 2012

ENR journalist Johanna Knapschaefer wrote a good piece about " ConsensusDOCS Contract Library Takes to the Cloud, " where she described the real-time collaboration needed for contract negotiations. B132–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition.

AIA 48

AIA Contract Agreement Documentation 48

Levelset

SEPTEMBER 6, 2022

An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. Among a number of other issues, insurance risk shifting is a concern for carriers. In addition, any other additional insured needs should be viewed as part of the company’s risk transfer program.

Insurance 52

Insurance Liability Construction Contract 52

Constructlaw

DECEMBER 7, 2020

Halprin: At the risk of stating the obvious, the pan­demic has had a tremendous impact on filings. In relation to charter parties, the impact of the pandemic has given rise to a number of legal issues, and potential for disputes up the contractual chain depending on whether the provi­sions are back-to-back.

Claims 40

Claims Insurance Bankruptcy Legal 40

Job Order Contracting

OCTOBER 18, 2016

The owner estimate or detailed analysis must be completed before receipt of the Contractor’s proposal and before negotiations take place. The owner estimate will be used to evaluate the reasonableness of the Contractor’s proposal and will serve as the owner’s pricing and quantity objective during negotiations.

Contract 100

Contract Procurement Negotiation Project Management 100

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. In other words, you use the stuff we post here at your own risk. A Legally Inclined Weblog. >.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Lawyer

MAY 2, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. In other words, you use the stuff we post here at your own risk. A Legally Inclined Weblog. >.

Contract 40

Contract Illinois Legal Construction 40

Help Everybody Everyday

MARCH 6, 2009

Contracts are an agreement signed by your firm and a client that sets the rules for the work to be done. Should any questions arise during contract negotiations, consult with an attorney knowledgeable in construction law to assure that your rights are protected. Signing the contract is usually the final step in the selling process.

Contract 48

Contract Claims Legal Lien 48

Constructlaw

NOVEMBER 24, 2020

Although the parties have tried to resolve their disputes through negotiation and even mediation, they have not been able to reach an acceptable settlement. The owner, however, says the disputed issues are the contractor’s, not the owner’s risk. Dispute boards also save time. He can be reached at Zach.Torres-Fowler@Troutman.com. [1]

Construction 40

Construction Contract Modeling Cash Flow 40

CivilJungle

NOVEMBER 8, 2022

Based on the language in the offer suggestion, the construction business creates tender offers for registration, and if it receives an official administrator agreement will make. Mainly it is survey evidence proof and legal effects. Tenders are of several kinds, counting open tender, selective, serial tender, and negotiated tender.

Negotiation 52

Negotiation Bidding Construction Contract 52

Job Order Contracting

JULY 29, 2021

High initial set up costs make DB suitable only for major new construction Not a fully collaborative multiparty agreement. Construction Manager at Risk. Construction manager at risk ( CM@R) includes a construction manager who works with the owner and A/E through design and proposals and manages subcontracts to complete the work.

Design 130

Design Bidding Engineering Construction 130

Building Information Management

NOVEMBER 18, 2014

For example allowing the quantity surveyor to directly measure from your BIM model means more timely estimates reducing the risk of you doing unpaid abortive work when the estimate blows the budget. It is where the risks and rewards lie. Specific advice on IP in contracts and agreements is beyond my expertise so I leave that to others.

BIM 40

BIM Modeling Drawings Agreement 40

Contractor Bookkeeping

JUNE 15, 2012

General Liability and Auto/rental equipment insurance can help protect you and your company against claims for personal injury and property damage, and may provide you with legal defense of those claims. No work should ever be performed based on verbal agreements. Get everything in writing, always, no exceptions!

Contractors 48

Contractors Insurance Claims Lien 48

Green Building Law Update

NOVEMBER 5, 2017

Legal scholars can have at it. LEED Certification Agreement has a mandatory arbitration provision. The take away from all of this should be in an effort to manage your risk, pay particular attention to and negotiate the dispute resolution provisions in your contracts. The Supreme Court, in American Express v.

Green 120

Green Contract Documentation Claims 120

Contractor Bookkeeping

JUNE 20, 2014

General Liability and Auto/rental equipment insurance can help protect you and your company against claims for personal injury and property damage, and may provide you with legal defense of those claims. No work should ever be performed based on verbal agreements. Get everything in writing, always, no exceptions! Or The Hard Way.

Insurance 48

Insurance Construction Accounting Claims 48

Contractor Bookkeeping

JANUARY 2, 2015

General Liability and Auto/rental equipment insurance can help protect you and your company against claims for personal injury and property damage, and may provide you with legal defense of those claims. No work should ever be performed based on verbal agreements. Get everything in writing, always, no exceptions! The Easy Way Or.

Construction 48

Construction Insurance Accounting Claims 48

Job Order Contracting

JANUARY 5, 2017

It is important to review all Job Order Contract provisions to assure avoidance of any unnecessary financial risk or potential legal issues. [1]. Shared risk/reward. Improper design and/or management of a Job Order Contract may result in significant conflict of interest and carries a higher risk of fraud and/or misuse.

Contract 100

Contract Contractors Consulting Software 100

Building Information Management

JULY 16, 2015

If a task is not in the UPB, it can be negotiated, priced and added at any time to the book. owner may issue work order for the project, (6) Owner negotiates certain components of line items of the project as required, (7) a notice to proceed (NTP) is award post successful Owner/Contractor negotiations. Key elements.

Contract 40

Contract Contractors Bidding Procurement 40

Building Information Management

MARCH 10, 2017

It is important to review all Job Order Contract provisions to assure avoidance of any unnecessary financial risk or potential legal issues. Shared risk/reward. Improper design and/or management of a Job Order Contract may result in significant conflict of interest and carries a higher risk of fraud and/or misuse.

Contract 40

Contract Consulting Estimating Software 40

Buisness Facilities Contributed Content

APRIL 15, 2014

CAPCO financing, an alternative to conventional bank financing, can accommodate a slightly higher risk profile and provide a more flexible structure for growing businesses. A business that applies for the exemption must enter into an agreement with the Governor of Alabama. For more information, please visit this link.

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

CAPCO financing, an alternative to conventional bank financing, can accommodate a slightly higher risk profile and provide a more flexible structure for growing businesses. The business must sign a job-creation agreement under the Advantage Arkansas program within 24 months of signing the Tax Back agreement.

Income 75

Income Finance Zoning Equipment 75