Guide to Understanding Payment Bond Claims

Construction Business Owner

Guide to Understanding Payment Bond Claims. Does your team have a handle on construction payment bond claims and how to navigate them state by state? Elizabeth Manning. Tue, 09/01/2020 - 14:38.

How to manage claims in construction more efficiently

Lets Build

As a Project Manager, you need to be able at any time to retrieve critical data that will allow you to efficiently manage claims in your projects. The smallest mistake and you can quickly end up fighting against claims that can block your project and cost you thousands of Euros. Otherwise, your project can become vulnerable against any type of claim. 3 ways a construction-specific tool can protect your project from claims. In construction, documentation is always key.

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Renewable Energy Claim is Deceptive

Green Building Law Update

This past week and there have been many other times this law firm was consulted about a marketing claim by a building owner with rooftop solar panels that advertises they “use” renewable energy, but the owner sells Renewable Energy Certificates (RECs) for the renewable energy it generates, so the Federal Trade Commission says it shouldn’t make the claim. If the marketer stated, “We purchase wind energy for half of our manufacturing facilities,” the claim would not be deceptive.

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Dotted Line: How to conduct business in a world of discrimination and harassment claims

Construction Dive

Lawyers offer some practical advice for contractors to prevent and weather these claims, which they say for many companies are inevitable

Supreme Court Permits State Law Claims Against Superfund Property

Green Building Law Update

Supreme Court held that the federal Superfund statute (the Comprehensive Environmental Response, Compensation and Liability Act) does not preclude owners of adjacent contaminated land from pursuing state laws claims for money damages for nuisance, trespass and strict liability, but any cleanup of that land cannot be taken in the absence of EPA approval. In an instructive environmental law decision last week, the U.S.

Jobless Claims Surged This Month, Here’s Why

Pro Builder

Jobless Claims Surged This Month, Here’s Why. million jobless claims, but by early September, that number grew to 1.7 million jobless claims. More than half of these new jobless claims come from California, which may come at no surprise.

The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims

Best Practices Construction Law

Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. Whether the dispute involves a change order, delay damages, or time extension, I have litigated too many claims for additional compensation or time where: (a) the request was never made; (b) the request was not timely made; or (c) the request was not properly made.

FTC Cracks Down on Environmental Marketing Claims

Green Building Law Update

The Federal Trade Commission announced six enforcement actions last week, including against companies that marketed supposedly biodegradable plastic rebar cap covers, plastic golf tees, and plastic shopping bags, as part of the agency’s ramped up crackdown on environmental claims. The Commission publishes the Guides providing guidance as to what constitutes deceptive and non-deceptive environmental claims. FTC Federal Green Marketing biodegradable claims environmental

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Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

Best Practices Construction Law

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. 20, 2020), the Armed Services Board of Contract Appeals recently denied a claim for Eichleay home office overhead delay damages because: (1) the contractor failed to show there was a critical path impact or that the Government’s actions impacted the critical path; and (2) the claim was barred because it was not presented prior to final payment.

How To Track Increased Construction Costs For Proving Claims

Best Practices Construction Law

I previously blogged about the importance of using daily reports to prove construction claims. In addition to daily reports, the following records should be prepared and maintained in the normal course of business to help prove claims and effectively manage the project: Correspondence file containing all correspondence relating to a specific claim, including letters and/or memoranda to and from the DOT and subcontractors.

Can A Construction Contractor Email Notice of a Claim? Maybe!

Best Practices Construction Law

of Maryland, the United States District Court of Maryland address whether a Miller Act claimant can give valid notice of a claim via email. The payment bond claimant was a sub-subcontractor who filed a claim because the subcontractor failed to make timely payment. The Email as Notice of Claim. Under the Miller Act, second-tier claimants must give notice of any claim to the prime contractor within 90 days of last providing labor or materials.

False Advertising Claims over Net Zero and LEED Certified Homes

Green Building Law Update

Homebuyers are making claims of false advertising over “Net Zero LEED certified” houses in midtown Sacramento – that may be neither. According to print media accounts , 17 of the 34 homebuyers filed a statement of claim on September 30, 2016 commencing an arbitration proceeding against Pacific Housing, Inc., The easier of the two to address may be the claim that the houses are not LEED certified. The architect also claims this “community is designed to be.

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FTC Settles Charges Over Deceptive Zero VOC Claims

Green Building Law Update

Some promotions also made explicit safety claims. The FTC alleged, the company had no evidence to support those claims. YOLO Colorhouse, LLC , and Imperial Paints, LLC , have agreed to consent orders that would bar them from making unqualified VOC free and emission free claims. In these four complaints, the FTC charged each company with making “unsubstantiated” claims that their paints were free of emissions and/or that they contained no VOCs, without any qualification (e.g.,

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New York firm claims world's largest 3D-printed home

Construction Dive

S-Squared's ambitions for its robotics machine extend from the 500-square-foot home to infrastructure and commercial buildings up to 1 million square feet

California Opens Door Wider To COVID-19 Workers’ Compensation Claims

ENR Construction

Newsom extends claim potential to all workers outside the home, beyond what other states have done; AGC, Chamber voice concerns about rebutting claims and benefit costs

AGC 49

10 Best Practices for Construction Claims

Construction Business Owner

Whether you are sued or receive a threatening or demanding letter criticizing your work, it’s hard not to take it personally. While the natural reaction is to immediately respond in one way or another, what you really need to do is take a deep breath, step back and evaluate the situation objectively

Uponor Marketing Claims Verified Under New ICC-ES Program

Contractor Magazine

ICC Evaluation Service (ICC-ES) has issued Uponor a marketing claim verification report (ESV-1012) for a Pre-Sleeved AquaPEX product

Second Circuit Rejects Architect's Copyright Claim

Collaborative Construction

The Second Circuit Court of Appeals rejected an architect''s claim that a builder and others who used modified versions of his designs / drawings infringed on his copyright. The court rejected the infringement claim reasoning that while the defendants copies certain elements of the architect''s design those elements were not protected under copyright law.

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What I Learned from My Kids About Delay Claims

BizBash

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Using these guidelines, any contractor can begin to evaluate and prepare a potential delay claim as the conditions on project causing the delay occur. As for my child’s delay claim, this dad is not buying it!

Tropical Storm Lee – Prepare for Insurance Claims

Construction Law Monitor

Contractors and property owners should be very knowledgable of the claims process after a natural disaster. Your insurer will assign a claims specialist to assess the damage and this person is who you will work with to obtain reimbursement. Be sure to read the policy to make sure you follow all the specific guidelines, otherwise your insurer may use this against you as an excuse not to timely pay up on the claim. The final step is to hire an attorney to escalate your claim.

3 Ways a Surety Bond Claim Negatively Impacts Business

Construction Business Owner

A customer or the state can then file a claim against a bond, which can cause damage to the business in several different ways For any variety of reasons, including overextension, financial issues or a lack of expertise in a specific trade, contractors may fail to perform the work they promised.

New York contractor to pay $1.5M to settle 'severe' sexual harassment, retaliation claim

Construction Dive

The state's attorney general alleged Trade Off LLC managers demanded sexual acts from "primarily women of color" in return for pay and overtime

California Opens Door Wider To COVID-19 Workers’ Comp Claims

ENR Construction

Newsom extends claim potential to all workers outside the home, beyond what other states have done; AGC, Chamber voice concerns about rebutting claims and benefit costs

AGC 44

When Does A Claim for Damages Not Require Notice? When It Is One For Liquidated Damages.

Best Practices Construction Law

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. District Court for the Western District of Oklahoma recognized the distinction between “notice” for purposes of asserting a delay claim by the contractor and “notice” for purposes of assessing liquidated damages by the Owner.

Research: Workers Compensation Claim Denials Inch Upward

ENR Construction

Are challenges to claims helping, or do they end up adding to costs of coverage

What I Learned from My Kids About Delay Claims

Best Practices Construction Law

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Using these guidelines, any contractor can begin to evaluate and prepare a potential delay claim as the conditions on project causing the delay occur. As for my child’s delay claim, this dad is not buying it!

Tutor Perini, developer fight over lien, claims of defective work at Florida hotel

Construction Dive

The owner of the Dalmar Hotel in Fort Lauderdale claims it's due $12 million in damages from the general contractor over defective work, including malfunctioning elevators and water leaks

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Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers

Best Practices Construction Law

And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. for breach of contract for nonpayment, claims for delay damages and enforcement of its lien rights. The prime contractor argued that subcontractor’s claim should be limited to its contract balance of approximately $500k in retainage. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

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Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

Best Practices Construction Law

The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami.

Claims Mitigation During Construction Phase

Construction Dive

By Jim Zack Construction claims are becoming increasingly prevalent and expensive. It is key that owners and contractors work together to keep the project on schedule and communicate any deviations from plan. The key to successful projects is communicate, communicate, communicate! Whether you are dealing with a partnering situation or a normal construction project, it is imperative to openly communicate early and often.

Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim? Although this question may seem contrary to the common sense approach to never overstate the claim amount, it’s actually not.

Workers' Compensation Claims: A Common Employer's Nightmare

Construction Business Owner

Workers’ compensation claims and how to keep them under control have always been a concern for employers. Incidents ending in claims occur in virtually all industries and can be costly and time consuming. Today, every workers’ compensation claim raises the potential for a variety of workplace laws to come into play There is no federal workers’ compensation law that addresses workplace injuries. It is a state issue, and each state enacts and enforces its own legal framework.

U.S. Jobless Claims Drop

Construction Equipment

The number of state unemployment claims dropped to a seasonally adjusted 297,000 for the week ended Nov. 29, 2014, dropping by 17,000 from the previous week, according to Reuters. The unemployment rate remains at 5.8 percent

FTC is Pursuing Green Marketing Claims

Green Building Law Update

made misleading and unsubstantiated biodegradability claims for its plastic products. Under the FTC’s final order, APM is prohibited from making biodegradability claims unless they are true and supported by competent and reliable scientific evidence. In an earlier blog post I wrote that the FTC announced in October, 2013 it would begin to ramp up enforcement of environmental claims.

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Construction Law Summit in Nashville: How to Claim an Invitation!

Best Practices Construction Law

I have been blogging for over 10 years now. I have spoken at construction and leadership conferences all over the country. Do you want to know my favorite place to speak? My favorite place to speak is wherever I am.

Construction Claims Mitigation During Dispute Phase

Construction Dive

Despite all the best efforts, claims and disputes are likely to arise on your projects. This article provides keys to help you avoid claims during the dispute phase which starts during and overlaps with the construction phase. You'll learn about how negotiation teams, decision ladders and dispute resolution boards can help keep you out of court. Read more

Contractor claims government owes it $3M for contaminated soil cleanup

Construction Dive

PennaGroup claims 30 employees felt ill after exposure to benzene and other contaminants and that the Army Corps of Engineers did not pay it for the cleanup

Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering the Same Subject Matter

Constructlaw

Environmental Safety Corporation’s (“PAL”) complaint alleging numerous causes of action in connection with its suit against CEC … Continue reading Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering the Same Subject Matter. Environmental Safety Corp promissory estoppel quasi-contractual claims third-party breach of contractP.A.L. Environmental Safety Corp. North American Dismantling Corp. Et Al.,

Forensic BIM: Using modeling to resolve disputes and claims

Construction Dive

With disputes in the industry averaging $21 million, the ability to use BIM to retrospectively verify that the scope of work completed matches what the contract required could save millions in some lawsuits

Navigate a Bond Claim Successfully

Construction Business Owner

In order to grasp the appropriate ways to pursue or defend a bond claim in a meaningful way, contractors should have some background on what payment bonds are and how they work. In the context of construction projects, bonds can be divided into three primary types: bid bonds, performance bonds and payment bonds