Best Practices Construction Law

JULY 10, 2022

The owner and contractor entered into an AIA Contract for the construction management services. The contractor was supposed to be paid the final retainage upon completion, which it did not receive in accordance with the terms of the AIA Contract. Lessons learned.

Contractors 62

Contractors Agreement Banking AIA 62

Construction Dive

DECEMBER 12, 2012

The Tennessee Court of Appeals ruled that an owner’s withholding of liquidated damages was a “claim” within the meaning of the AIA general conditions. The owner was required to give formal written notice of claim within 21 days after the contractual completion deadline passed.

Claims 48

Claims Tennessee Subcontracting AIA 48

Fieldwire

AUGUST 14, 2023

It’s fairly common, especially on commercial and public construction projects, and typically ranges from 5 - 10% of the total contract price. So on a $100,000 contract with 10% retainage, the contractor doesn’t have to fork over ten grand at the beginning. Instead, the contractor will deduct the retainage from each payment application.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Construction Lawyer

FEBRUARY 3, 2014

In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification. contracts litigation'

Claims 40

Claims Illinois Agreement AIA 40

Construction Law Monitor

SEPTEMBER 25, 2013

Do Construction Contracts Contain Mediation Clauses? It depends on the contract. Many American Institute of Architects (AIA) form contracts will allow for an option to include both a mediation and arbitration clause for alternative dispute resolution. Do not sign contracts unless they have a mediation clause.

Contract 51

Contract AIA Construction Negotiation 51

Best Practices Construction Law

MAY 22, 2018

In construction contracts, “active interference” is a recognized exception to the enforcement of what is known as a “no damages for delay” clause. The contract contained a “no damages for delay” clause specifically making reference to delays caused by substructure contractor. Lesson Learned.

Claims 48

Claims Contract Railroad Missouri 48

NH Construction Law

MARCH 26, 2022

A common misperception among commercial contractors, particularly those who use standard form contracts, is that their warranty obligations only last for a year. The AIA’s popular A201 (2017) General Conditions imposes several warranty obligations on the contractor. The basic one is found in Section 3.5.1, ” Section 3.9.1

Contract 40

Contract EJCDC Documentation Claims 40

NH Construction Law

AUGUST 31, 2023

Subrogation – the right of an insurer, upon paying an injured party’s damages arising out of a negligence claim, to chase the negligent party for reimbursement – is a staple of the law. In commercial construction contracts the rationale for such waivers is to avoid litigation that could disrupt the construction process.

Insurance 40

Insurance Liability Claims AIA 40

NH Construction Law

NOVEMBER 24, 2023

Of course, the parties’ contracts can explicitly make statutes of limitations applicable to their arbitrations. ” Without some such contract language, parties are at risk that their arbitration might never be time-barred. .” Section 15.4.1.1 ” Similarly, section 12.5.1.1 ” Similarly, section 12.5.1.1

New Hampshire 40

New Hampshire North Carolina Claims Ohio 40

Construction Lawyer

APRIL 3, 2012

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Claims 40

Claims Agreement Illinois Subcontracting 40

NH Construction Law

AUGUST 21, 2022

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability.

Liability 40

Liability Contract AIA Contractors 40

Construction Law Monitor

NOVEMBER 2, 2011

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.

Contract 56

Contract Change Orders Lien Contractors 56

Construction Lawyer

MARCH 16, 2012

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Contract 40

Contract Illinois AIA Chicago 40

Best Practices Construction Law

AUGUST 4, 2016

Many contract documents, including the AIA 201 (2007), require the contractor to “immediately suspend” the operations upon the discovery of human remains or other archeological findings. Even if your contract does not address this situation, you should stop work to properly analyze the situation. Preserve claims.

Site 48

Site Construction Claims Tennessee 48

NH Construction Law

OCTOBER 1, 2022

Whether a BIM model is considered a Contract Document required to be followed is a matter for agreement among the project participants. In the absence of agreement on the point, ordinary contract principles will determine whether a party’s reliance on a BIM model furnished by the other party is reasonable.

Modeling 40

Modeling BIM Contract Documentation 40

Best Practices Construction Law

AUGUST 16, 2012

Would it surprise you to learn that you may have waived that right in your contract? Dormitory Authority of State of New York , appellate court enforced a no-damages-for delay clause against a contractor, rejecting a $10m delay claim. In the recent case of Plato General Construction v. ” * * * * * *. " What it means?

Claims 48

Claims Compensation Contract Contractors 48

Construction Lawyer

MAY 2, 2012

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Contract 40

Contract Illinois Legal Construction 40

Construction Lawyer

NOVEMBER 8, 2007

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

AIA 40

AIA Documentation Illinois Chicago 40

NH Construction Law

DECEMBER 22, 2019

In contract law there is a well-recognized exception to the rule requiring “privity of contract” as a prerequisite to recovery for breach. They will merely be incidental beneficiaries, with no contract right of recovery against the subcontractors. ” Brooks v. . ” Brooks v. ” Id. State Dept.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 40

NH Construction Law

AUGUST 13, 2020

In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach). In Mentis Sciences, Inc. 3d 799, 808, 11 N.E.3d

Profitability 40

Profitability Contract Liability Bargains 40

Construction Lawyer

APRIL 19, 2009

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Nevada 40

Nevada Claims Illinois AIA 40

NH Construction Law

NOVEMBER 7, 2018

It does not address whether, once an owner sues, the contractor’s rejected offer to repair defective work will be a defense to claims for damages measured by the cost of having a third party do the repairs. Most contractors facing a plausible claim for defective work will want to make the offer of repair right away, for two reasons.

Contractors 40

Contractors Claims Defense Liability 40

Construction Lawyer

NOVEMBER 11, 2007

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Liability 40

Liability AIA Documentation Illinois 40

Construction Cost Estimating

NOVEMBER 25, 2014

Construction Forms screenshot Construction Forms for Excel are designed to facilitate contracting and administrative tasks for construction work and projects. The package of over 140 purpose built forms are customizable Excel templates and documents addressing all areas of construction contract work.

Lien 45

Lien Change Orders Construction Estimating 45

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., ” Depriving a terminated contractor of an opportunity to cure defects was likewise the basis for rejecting defective workmanship claims in TRG Construction, Inc.

Subcontracting 40

Subcontracting Contract New Hampshire Contractors 40

Construction Lawyer

AUGUST 30, 2007

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Claims 40

Claims Engineering Illinois AIA 40

Building Information Management

MARCH 7, 2012

Design/Build, CM, CM@R and, of course,Job Order Contracting. IPD and Job Order contracting (JOC) have several things in common (JOC is actually a form of “IPD-lite”, created for renovation, repair, sustainability, and minor new construction projects). A JOC contract is inherently. Joint scope of work development.

Contract 49

Contract BIM Missouri Contractors 49

Construction Marketing

JULY 24, 2014

RCD has a new partnership with American Institute of Architects (AIA) and leverages the work its subsidiary, RSMeans, does in gathering cost information. Contract type. RCD claims to have a stronger group of reporters on private projects. The company also claims Dodge shared what it learned with its sales staff.

Construction 214

Construction Claims Products Commercial 214

Green Building Law Update

JUNE 14, 2020

Its stated intent is “to promote best practice requirements in operations and human behavior to take precautions against the spread of COVID 19” and that is accomplished using the AIA Re-occupancy Assessment Tool V1.0

Green 156

Green Risk Plans Safety 156

Construction Lawyer

JANUARY 29, 2014

Wight moved for summary judgment based on the fact that the contract contained a provision that started the statute of limitations running at substantial completion. of the standard AIA Owner/Architect agreement applies to fraud-based construction claims. contracts litigation'

Illinois 40

Illinois AIA Contract Agreement 40

Construction Lawyer

MAY 1, 2012

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Florida 40

Florida Illinois Claims AIA 40

Construction Lawyer

MAY 4, 2012

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Illinois 40

Illinois AIA Agreement Chicago 40

Construction Lawyer

APRIL 14, 2012

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Illinois 40

Illinois AIA Chicago Legal 40

Construction Lawyer

MARCH 27, 2012

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Architecture 58

Architecture Illinois AIA Chicago 58

Construction Lawyer

JANUARY 30, 2006

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Contract 40

Contract Illinois Construction AIA 40

Construction Marketing

AUGUST 30, 2019

ConstructConnect has a partnership with the American Institute of Architects (AIA). Type of work, such as new construction or addition Contract type Location Company information for planners, general contractors, major trades, etc. Category, such as commercial, industrial, etc. Both of those will have subcategories.

Comparison 123

Comparison Construction Software Software 123

Best Practices Construction Law

MARCH 2, 2020

2d 190 (2020), the Supreme Court of Nebraska recently reached the same conclusion when it considered whether a particular contract was a cost-plus contract with a guaranteed maximum price or a lump sum contract. The owners argued that the contract was a fixed fee despite the language to the contrary. Vogler , 937 N.W.2d

Contract 71

Contract Documentation AIA Contractors 71