Your Claim Has Been Denied

Construction Business Owner

Your Claim Has Been Denied. If your construction business has suffered a financial loss due to damage, accident, crime or liability, the last thing you want to hear is that your claim is. Alex Headley. Fri, 07/23/2021 - 09:30.

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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.

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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.

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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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Huh? Ugh! LOL: The Top Ten-tions of Construction Law and Contracts

Speaker: Matthew DeVries, Construction Law Attorney and National Blogger

The construction environment changed more in 2020 than any prior year—whether the parties were faced with government shutdowns, new health and safety restrictions, or overall financial strains. Yet, many projects remained on target and successfully reached the finish line this year. The rights and responsibilities of parties involved in a construction project are mainly dependent upon the contract or agreement between them, and there is no better time than to review your contractual obligations to identify risk pitfalls and ensure success. Join construction law attorney and national blogger Matthew DeVries as he discusses the top tensions on a construction project and how to avoid disputes.

5 Reasons to Bring Construction Claims Experts into Early Planning

Construction Business Owner

5 Reasons to Bring Construction Claims Experts into Early Planning. Due to the many factors that have impacted and changed the construction industry throughout 2020, projects are facing increased risks that may open the door to some unique claims or litigation.

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Supreme Court Permits State Law Claims Against Superfund Property

Green Building Law Update

A key lesson to be learned here is that even a landowner determined to be an “inculpable person” under a state voluntary cleanup program is still subject to a state law claim by some other impacted third party property owner. In an instructive environmental law decision last week, the U.S.

Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims

Best Practices Construction Law

The contractor claimed that the City breached its contract by supplying incomplete and inaccurate contract documents, which allegedly caused delays and a two-year extension to the project completion. million delay claim included approximately $2.3

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. You may have met my 22 year old Princess when she was 11.

New Phase of Cuomo Bridge Dispute Opens as NY Thruway Authority Denies Most Claims

ENR Construction

Fluor-led project team is awarded $28 million of a $930-million claim

New Phase of Cuomo Bridge Dispute Opens as Thruway Authority Denies Most Claims

ENR Construction

The owner's project leader awarded $28 million of a $930-million claim

5 Tips for Filing a Roof Replacement Insurance Claim

Construction Marketing

Filing a roof replacement insurance claim may be your only chance of taking care of the necessary repairs and renovations, especially after a huge storm, water damage, or other calamities and catastrophes. This having been said, here are 5 tips for filing a roof replacement insurance claim. It’s important that before you file for roof replacement claim, take into account the particulars of the homeowner’s insurance policy.

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. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment.

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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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

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.

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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#95:  Are Miller Act Claims Arbitrable?

NH Construction Law

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. At the same time, courts have refused to enforce forum selection clauses that pick a state court rather than a federal court for resolving Miller Act claims, given the statute’s admonishment that the suit “must be brought. Maverick will not need to relitigate its claims against FIC following arbitration with Consigli.

How to connect your Snagging & QHSE processes to avoid claims and regain control

Lets Build

So you can quickly find yourself lost in a sea of disconnected information unable to trace and resolve constraints or find the information you need to raise or respond to a claim. The fact that all information is now stored in the cloud allows you to raise or respond to claims much faster.

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 64

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.

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.

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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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!

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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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 58

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.

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

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

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.

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.

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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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!

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

Judge Weighs Science Behind Monsanto Roundup Cancer Claim

Green Industry Professionals

Federal judge reviews more than 300 cancer claims against Monsanto's widely used weed killer

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.

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.

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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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.