Federal Construction Contracting Blog

JANUARY 16, 2024

Department of Defense (DoD) published the much anticipated proposed rule for the revamped Cybersecurity Maturity Model Certification (CMMC) 2.0 The assessment must be completed before contract award and the certification of compliance is good for three years afterwards. On December 26, 2023, the U.S.

Certification 52

Certification Security Contract Defense 52

Levelset

SEPTEMBER 6, 2022

In short, an additional insured is typically another business entity or person who can be added to your business policy, securing the same liability protection that you do. Additional insured, policyholder, certificate holder: What’s the difference? AI endorsements are often required as part of the construction contract.

Insurance 52

Insurance Liability Construction Contract 52

Federal Construction Contracting Blog

NOVEMBER 11, 2021

On November 4, 2021, the Department of Defense (DOD) announced it is revamping the Cybersecurity Maturity Model Certification program. will have only three levels of certification rather than five, and they will align more closely with existing cybersecurity standards. did not allow for self-assessments. The DOD is implementing CMMC 2.0

Certification 52

Certification Defense Liability Contractors 52

Construction Law Monitor

OCTOBER 14, 2010

The LEED Certification process can be quite complex. Since I’m a lawyer, the LEED rating system begs this question: What happen is a project shoots for certification, and fails? Failure to achieve a desired certification or a specific green performance is often deemed a consequential damage. What are the damages?

Certification 75

Certification Green Legal Contract 75

Construction Cost Estimating

OCTOBER 10, 2018

Usually, a quantity surveyor performs the following activities :- • Commercial omission of site • Formulation of financial reports, budgets and forecasts • Supervision, training and development of some junior staff • Job review of assistant staff • Utilization of health and safety requirements • Fulfillment of paperwork as desired by the CSIs/procedures (..)

Liability 40

Liability Management Subcontracting Forecasting 40

Green Building Law Update

SEPTEMBER 23, 2018

There is no doubt that the newly announced LEED net zero certification program is aspirational. USGBC announced last week that it will be unveiling the Beta version of a new Net Zero Certification program at Greenbuild in November. Net Zero Carbon Emissions Certification: Projects must achieve a carbon balance of zero.

Certification 296

Certification DC Site Green 296

Job Order Contracting

MAY 17, 2022

The proposed rules contain a “safe harbor” for liability for Scope 3 emissions disclosure. “LEED certification” is not sufficient to meet GHG requirements or other regulations (current and pending). Commissioner Peirce raised concerns about the efficacy of this safe harbor language. Change is difficult for everyone.

Regulation 226

Regulation Risk Equity Organization 226

Green Building Law Update

NOVEMBER 4, 2018

A copy of the contract, which is attached in Exhibit __ specifies the provision of 100% of the project’s energy from green power, carbon offsets, or renewable energy certificates (RECs).”. And there are other obligations associated with LEED that may survive closing (e.g.,

Agreement 176

Agreement Green Contract Certification 176

Green Building Law Update

NOVEMBER 14, 2013

EPA has withdrawn the new ASTM E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” as satisfying the requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation, and Liability Act. the Superfund law).

Site 120

Site Liability Compensation Certification 120

Levelset

OCTOBER 14, 2022

In this respect, general liability insurance or workers’ compensation could help cover those costs if an incident should occur. . And while laws differ in each state, having insurance coverage might also be required to obtain a contractor’s license or certification. Liability for damage.

Insurance 52

Insurance Liability Injury Compensation 52

Green Building Law Update

NOVEMBER 27, 2016

With the maturation of the green building industrial complex it has become clear there is no more or additional liability associated with constructing a green building versus a similar non green structure. It is important to make clear there are very few instances of litigation involving substantive matters of green building.

Green 120

Green Claims Certification North Carolina 120

Green Building Law Update

AUGUST 8, 2015

to apply the PolyClear 2000 treatment, and Permapost provided certificates to Weyerhaeuser verifying that the treatment had occurred. Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. a then new, LEED low emitting material).

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

to apply the PolyClear 2000 treatment, and Permapost provided certificates to Weyerhaeuser verifying that the treatment had occurred. Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. a then new, LEED low emitting material).

Liability 120

Liability Maryland Green Agreement 120

CivilJungle

DECEMBER 27, 2020

The meaning of term Retention in Construction can be described as a percentage of amounts that are certified as due to the contractor on an interim certificate, that is deducted from the amount due and retained by the client in construction related works. What Is Retention in Construction? Purpose of Retention Money.

Construction 52

Construction Contract Foundation Liability 52

Constructlaw

NOVEMBER 22, 2022

The owner argued that the statute should run from the date of its acceptance of the work and issuance of a final certificate. Two of the most notable risks are scope gaps, and as demonstrated in this case, liability gaps. But the statute makes clear that it runs from the professional’s “completion of performance under the contract.”

New York 52

New York Risk Claims Liability 52

Best Practices Construction Law

MARCH 5, 2018

Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. The subcontractor was required to submit “fabrication quality control and weld inspection certificates” to the government before payment was issued. Jesse Sloan v. 3730(b).

Claims 63

Claims Certification Fabrication Inspections 63

Green Building Law Update

JANUARY 1, 2014

The 2006 All Appropriate Inquiries Rule established specific regulatory requirements for conducting inquiries into the previous ownership, uses, and environmental conditions of a property for the purposes of qualifying for certain landowner liability protections under Federal CERCLA (Superfund) laws. ASTM E1527-13 EPA Federal I Phase'

Regulation 120

Regulation Liability Site Permits 120

Construction Business Owner

APRIL 12, 2012

You need to be a certified LEED contractor, which means you’ll need to study for and take the certification test. LEED Certification and Construction Software. So what exactly does getting LEED certification have to do with business management or even construction software? Public Exposure and Liability on Construction Sites.

Construction 120

Construction Certification Green Software 120

Stok

NOVEMBER 16, 2022

Transition risks go beyond physical risk of climate change and include rising costs due to pricing-in of carbon emissions (through carbon taxes and pricing schemes), market effects, technological disruptions, legal liabilities, energy efficiency, and other regulations and reputational risks.

Risk 52

Risk Income Liability Banking 52

Green Building Law Update

MARCH 13, 2016

The referenced energy standard and modeling requirements in LEED 2009 will not change; buildings falling under the proposed change can use the same methodologies and referenced standards, but will need to earn additional points in order to achieve certification.

Certification 120

Certification Modeling Green Renovating 120

Construction Law

DECEMBER 2, 2022

Assessments can be procured from a number of independent bodies and certifications can often be achieved, but questions are increasingly being asked if some of them are worth the paper we would rather – for sustainability reasons – they weren’t written on.

Claims 52

Claims Risk Infrastructure Finance 52

Construction Dive

OCTOBER 23, 2013

It can be beneficial for contractors, as well, as it caps their liability exposure and makes it known in advance. By Bruce Jervis Contracts frequently stipulate, or liquidate, the project owner’s daily damages for late completion by the contractor. This spares owners the difficult task of quantifying and documenting their actual costs.

Contractors 48

Contractors Liability Certification Claims 48

Construction Cost Estimating

AUGUST 24, 2016

The candidate has to take liabilities for testing of soils, foundations, reinforced and post-tensioned concrete, masonry, structural steel, fire proofing and asphalt pavement. EIT certification desired. Duties and Responsibilities: Mainly perform with management of construction materials testing projects.

Project Management 40

Project Management Materials Management Liability 40

Construction Cost Estimating

MAY 17, 2018

The quantity surveyor from a contractor company has to undergo additional liabilities like sub-contract formation, handling all matters associated with costs and values of the project along with payment and cash flow forecasts. Senior Quantity Surveyor –They take ownership as well as liability for the team.

Estimating 40

Estimating Cash Flow Liability Life Cycle 40

Green Building Law Update

APRIL 7, 2020

The bill also establishes liability protections for MDE and the State. It is unclear how this impacts State enforcement of these toxic groundwater contaminants through the Clean Water Act and Safe Drinking Water Act as well as State liability? HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156

Maryland Commissioning Regulation Environment 156

Green Building Law Update

JUNE 30, 2019

And there does not appear to be a valid legal theory even articulated to pierce the corporate veil and find liability in individual LLC members. ” Its website makes clear that the builder is selling certain homes as U.S.

Maryland 120

Maryland Housing Claims Green 120

Construction Law Monitor

OCTOBER 30, 2013

The contractor who is applying for the Home Improvement license needs to provide general liability insurance and show that the contractor or the registering entity is registered with the Louisiana Department of Revenue. The LSLBC will deliver the certificate of registration to the applicant who has been approved.

Louisiana 51

Louisiana Contractors Lien Liability 51

Pro Builder

JULY 27, 2020

We’re seeing companies going to their vendors and subs seeking to amend or add language to contracts to include certifications that they will be complying with relevant public health guidance and to clarify who is responsible for what and also, to the extent possible, to try to get indemnification in case there is a claim,” says Jessica T.

Legal 59

Legal OSHA Employment Liability 59

Best Practices Construction Law

JULY 29, 2015

general liability, builder’s risk, workers’ compensation, professional liability) over different periods of time, there may be a dispute as to which carrier covers the loss. You should keep an “insurance file” for each project that contains copies of all insurance certificates.

Insurance 48

Insurance Liability Claims Electrical 48

Construction Law Monitor

JULY 29, 2011

In 1997, the Ebingers moved into their home and obtained a certificate of occupancy. In other words, because Venus believed Post-Tension was partially responsible for these defects it was being sued for, Venus attempted to bring Post-Tension into the suit to share the potential liability if the court did end up ruling against it.

Louisiana 44

Louisiana Certification Liability Residential 44

Green Building Law Update

OCTOBER 11, 2015

Additionally, projects attempting to comply with governmental mandates or contractual obligations for LEED certification may create jeopardy. You are urged to take advantage of the fact that USGBC is soliciting public comment.

Green 120

Green Renovating Modeling Liability 120

Best Practices Construction Law

JULY 24, 2012

Effective immediately, TDOT will not execute any contracts or approve subcontracts with contractors that are domestic or foreign Corporations, Limited Liability Companies, Limited Partnerships, or Limited Liability Partnerships, who are not in good standing with the Secretary of State.

Contractors 48

Contractors Bidding Tennessee Liability 48

Safety Services Company

MARCH 9, 2018

How to Achieve ISNetworld® Pre-Qualification & Certification. The MSQ however is composed of over 2,300+ questions that review your OSHA statistics, Drug & Alcohol, OSHA statistics, Safety Programs, Certifications, and many other components. Steps to Achieve ISNetworld® Certification. WHAT IS ISNETWORLD®?

Safety 48

Safety Accounting OSHA Insurance 48

Safety Services Company

MAY 31, 2018

Insurance Certificates. The prequalification firm will review your certificates of insurance according to the review requirements of the owner client. Insurance Documents: General Liability, Automobile Liability, Limits, Workers’ Compensation, Experience Modification Rates, etc. Certificates & Certification.

Safety 48

Safety Documentation Accounting OSHA 48

Green Building Law Update

APRIL 7, 2020

The bill also establishes liability protections for MDE and the State. In the name of reducing nitrogen, phosphorus, and sediment loading in the Chesapeake Bay, the bill expands licensing of the non English proficient immigrant heavy landscaping industry in fertilizing turf and flower beds across the State.

Maryland 156

Maryland Commissioning Regulation Environment 156

Construction Marketing

FEBRUARY 11, 2021

Insurance, liability, and workers’ compensation . Limited liability company (LLC) . Moreover, if you plan to open up a store, you’ll also need a Certificate of Occupancy. . Start with General Liability Insurance and the Workers’ Compensation Insurance. . Roofing equipment and materials. Labor costs.

Insurance 295

Insurance Liability Legal Compensation 295

Construction Cost Estimating

AUGUST 30, 2014

The next section considers legal aspects of construction safety, including relevant chapters on managing multiemployer work sites, subcontractor liability and regulatory requirements. This book is well balanced, well organized, thorough and accurate.

Safety 45

Safety Management Engineering Construction 45