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?” 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. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

Best Practices Construction Law

MAY 19, 2015

You can imagine the opposite reaction when a contractor bids a penny for rock removal for a competitive bid and later discovers that there was 250% more rock than anticipated. In its successful bid to perform work for the Town of Avon, th Contractor assigned a unit price of $0.01 Town of Avon. The Court’s Reasoning.

Bidding 48

Bidding Contractors Contract Site 48

Best Practices Construction Law

MAY 19, 2015

You can imagine the opposite reaction when a contractor bids a penny for rock removal for a competitive bid and later discovers that there was 250% more rock than anticipated. In its successful bid to perform work for the Town of Avon, th Contractor assigned a unit price of $0.01 Town of Avon. The Court’s Reasoning.

Bidding 48

Bidding Contractors Contract Site 48

Levelset

APRIL 28, 2022

If a subcontractor defaults on a project, the general contractor can make a claim with the insurance company to cover costs above their deductible and any loss reserve requirements. Some GCs pass the cost of the loss reserve onto the project owner and claim that amount as additional profit on the project. million – $750,000). .

Insurance 52

Insurance Contractors Claims ABC 52

Best Practices Construction Law

SEPTEMBER 4, 2014

My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. This is often the starting point for reviewing a claim and the key to a successful analysis of issues. If not, why not?

Compensation 54

Compensation Claims Change Orders Legal 54

Construction Dive

DECEMBER 10, 2015

By Bruce Jervis The legal standard for a successful differing site condition claim is stated in a variety of ways. Was the contractor reasonable in interpreting those representations for purposes of bid preparation? And, the contractor drew unreasonable inferences from what the contract did represent.

Site 48

Site Contractors Claims Documentation 48

Levelset

OCTOBER 13, 2022

If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. You may be seeking to work for a local, state, or federal government, and these bodies will want to know that you carry liability insurance before you’re awarded — or even considered — for a bid. Why a certificate of insurance matters.

Insurance 52

Insurance Certification Contractors Liability 52

Constructlaw

NOVEMBER 9, 2022

Subcontractor Spirtas Worldwide LLC filed a Miller Act claim against contractor SGLC Consulting LLC to recover the cost of materials provided and labor performed on a project for the U.S. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

Subcontractor Spirtas Worldwide LLC filed a Miller Act claim against contractor SGLC Consulting LLC to recover the cost of materials provided and labor performed on a project for the U.S. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Levelset

FEBRUARY 18, 2022

They are determined by the current rates in force at the time the project goes out for bid and are usually included in the bid and contract documents. Additionally, you can’t just build prevailing wages into your estimates and bids: Public projects are notorious for long payment delays. On-demand legal help you can afford.

Minnesota 52

Minnesota Contractors Cash Flow Finance 52

Best Practices Construction Law

MAY 9, 2016

The modern legal trend favors apportionment of liquidated damages where there is owner-caused delay, in particular where the liquidated damages clause provides a mechanism to extend the contract completion date, thereby reducing potential liquidated damages for delays not attributable to the contractor. Document your claims.

Contractors 48

Contractors Connecticut Claims Contract 48

Best Practices Construction Law

FEBRUARY 28, 2014

On February 11, 2014, the Federal Circuit released its decision in the Metcalf Construction case, which addressed in part a differing site condition claim. Although there was a pre-bid site inspection report, the government warned that the report “for preliminary information only.” United States (pdf).

Site 48

Site Claims Bidding Contract 48

Construction Dive

JANUARY 9, 2013

By Bruce JervisIn an industry which makes such extensive use of contractual documentation, some complain of obtuse or arcane legal terminology. This is clear, longstanding legal terminology. It means an event which must occur before a legal obligation arises. It may affect the enforceability of the contract clause itself.

Contract 48

Contract Subcontracting Legal Ohio 48

Constructlaw

SEPTEMBER 10, 2020

It is easier to be successful in your claim if it is well-documented. It is imperative to remain disciplined in bidding, watch your margins, stay within the geographical footprint and industry sectors. These additional costs and productivity impacts have to be built into future bids.

Industrial 52

Industrial Union Contract Claims 52

Levelset

FEBRUARY 15, 2022

The contracting authority provides bidders with the prevailing wage rates within the bid and contract documents. Additionally, building prevailing wages into your estimates and bids isn’t enough. You’ll have to have the paperwork to back up any claims. On-demand legal help you can afford. Learn more.

Pennsylvania 52

Pennsylvania Contractors Cash Flow Contract 52

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

Autodesk Construction Cloud

NOVEMBER 15, 2021

She adds, “You still have your unsecured debt claim against the GC or whoever hired you, but now you have a security interest in the property to the extent that you’re owed money for labor and materials supplied.”. ” Do an itemized bid. Always do an itemized bid, advises Karalynn. Ensure you’ll be paid on time.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. A contract doesn’t have to be long and confusing to be effective, practically or legally. From project scope to warranty details, here are the basics of a simple but effective (and legal) contract for specialty trade work. .

Contractors 98

Contractors Contract Legal Change Orders 98

Constructonomics

OCTOBER 3, 2010

While insurance policies are written with the understanding that some claims will be made, surety bonds are written to prevent fraud and other potential problems—with the intention of avoiding claims. The obligee —the entity (typically a government agency) that requires the bond, thus receiving its legal financial protection.

Contractors 140

Contractors Regulation Insurance Claims 140

Construction Law Monitor

OCTOBER 19, 2010

In Louisiana, when a successful bidder to a public works project fails to execute the contract within the specified time frame, the State has a right to retain the bid bond as liquidated damages. Since the purported surety was unauthorized, the bid itself did not meet the statutory requirements of the Public Works Act. The reason?

Louisiana 60

Louisiana Bidding Contract Claims 60

Construction Marketing Ideas

JULY 21, 2012

and Canada, local contractors often complain that they are squeezed out of project bidding opportunities either because they cannot qualify (bonding requirements) or — more troubling — because outsiders are bidding the work, undercutting and taking away local jobs and opportunities. In communities across the U.S.

Bidding 54

Bidding Procurement Change Orders Construction 54

Building Information Management

AUGUST 11, 2015

Without JOC, the owner must procure each project individually in the traditional design-bid-build procurement method. Eliminated contractor driven change orders and legal claims. The precision put into preparation of the scope documents, detailed line item estimates and the project proposal eliminates change orders and claims.

Contract 40

Contract Procurement Change Orders Budgeting 40

Building Information Management

AUGUST 11, 2015

Without JOC, the owner must procure each project individually in the traditional design-bid-build procurement method. Eliminated contractor driven change orders and legal claims. The precision put into preparation of the scope documents, detailed line item estimates and the project proposal eliminates change orders and claims.

Contract 40

Contract Procurement Change Orders Budgeting 40

Construction Marketing Ideas

FEBRUARY 22, 2015

The Nebraska-based lawyer, of course, writes about legal issues with a focus on Nebraska rules — but he has designed the blog/message so that it is relevant to readers far away from the state where he works. We should appreciate the risks before bidding and not underestimate indirect costs of staff to deal with these situations.

Contract 48

Contract Construction Claims Legal 48

Best Practices Construction Law

JUNE 28, 2022

As to the merits, the Board found: The government bears the burden of demonstrating that [the contractor] did not perform in a timely manner and that it failed to gain approval of its submittals.

Contract 62

Contract New Hampshire Contractors Office 62

Best Practices Construction Law

JUNE 15, 2016

When you deal with construction claims, many believe that the largest component of any request for additional compensation is generally labor costs. A contractor generally bids a scope of work based upon certain assumptions regarding labor costs and labor productivity.

Products 48

Products Compensation Claims Schedule 48

Construction Marketing Ideas

MARCH 16, 2016

The story is simple, but incredibly significant, citing a legal case: Goodrich Quality Theaters, Inc. So instead of supporting the process of addressing design issues, RFIs become a process to justify claims or to guard against claims. Fostcorp Heating and Cooling, Inc. HOW TO MANAGE THE RFI PROCESS.

ProCore 48

ProCore News Drawings Documentation 48

Construction Dive

DECEMBER 26, 2012

In the meantime, here are a few brief notes of interest from each of the five areas that CPW covers: Construction Claims Advisor (CCA) -- Which weekly CCA commentary drew the most reaction from CPW/Construction Advisor Today (CAT) readers in 2012? It was the entry entitled “Can Anything Be Done about Bid Shopping?,”

Michigan 48

Michigan ASPE Bidding Union 48

Construction Marketing Ideas

JANUARY 11, 2016

As I read through the statement of claim and the media publicity, I’m reminded that many of the problems here relate to legitimate client relationship practices taken too far. None of the allegations have yet been proven in court and while the hospital says it has referred the matter to police, criminal charges haven’t been laid.

Travel 48

Travel Procurement Change Orders Contractors 48

Best Practices Construction Law

NOVEMBER 19, 2019

” As to the merits, the Board found: The government bears the burden of demonstrating that [the contractor] did not perform in a timely manner and that it failed to gain approval of its submittals.

Contract 67

Contract New Hampshire Contractors Claims 67

Construction Business Owner

DECEMBER 9, 2011

In fact, project managers should worry about implementing more safe practices because it can affect the way they bid on jobs. Companies who have more claims than average will have a higher than average rate, for example, 1.6. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. productivity. technology.

Construction 136

Construction Insurance Software Software 136

Construction Marketing Ideas

FEBRUARY 21, 2016

At best you are in triage mode and should be looking, from a financial, if not a legal, perspective at trying to limit the damage and move forward. You didn’t (and shouldn’t have) made your bid or priced your work with an eye toward having to sue for your money. These points are well taken. Solid advice, indeed.

Virginia 48

Virginia Construction Drafting Legal 48

PSMJ Resources

APRIL 22, 2013

Payment of all outstanding invoices is due and payable before documents are released for bidding and construction. • If there are delays in payment, stop work and advise the client in writing of the action to avoid any future legal claims by the owner. . • Include a stamp-only provision in the contract.

Contract 40

Contract Schedule Banking Legal 40

cnstrctr

JANUARY 4, 2020

It is a legally binding document that the groups agree to at the start of a project and are held accountable to throughout. Design Risk – if the contract documents aren’t perfect there’s an opportunity for the contractor to claim extras. The contract can take many forms and formats. Construction Contracts Matter.

Contract 88

Contract Construction Finance Documentation 88

Building Information Management

APRIL 10, 2015

What’s Wrong with Design Bid Build? Traditional design-bid-build,DBB, is costly, antagonistic, and simply inefficient. A Job Order Contracting (JOC) system is based on a competitively bid indefinite delivery-indefinite quantity (IDIQ) contract between a facility owner and a construction contractor. JOC Fundamentals.

Contract 40

Contract Renovating Bidding Construction 40

Construction Cost Estimating

MARCH 11, 2015

For example, if you''re obtaining one contractor bid for roofing, covering all the things listed therein class, simply enter the value once the heading Roofing. You’ll mark all the opposite line things lined by the roofing bid as atomic number 11. I like to recommend chase these value breakdowns in individual Itemized Bid Worksheets.

Estimating 40

Estimating Bidding Budgeting Budget 40

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. You bid on a project and you are the low bidder. Get Organized - Pick a company name that says something about what you are doing.

Insurance 48

Insurance Construction Accounting Claims 48