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.

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.

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

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.

Claims 118

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.

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.

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.

Claims 130

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. The easier of the two to address may be the claim that the houses are not LEED certified.

Claims 208

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

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. As for my child’s delay claim, this dad is not buying it!

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

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

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 objectivel

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

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.

Claims 153

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.

Claims 109

NY Bridge Builders Sue State To Gain Pay Claim Records

ENR Construction

Fluor-led team wants long-awaited financials to support $900M Tappan Zee span claim

Defamation Case over Global Warming Claim set for Trial

Green Building Law Update

The trial court ruled that Dr. Mann’s claims were “likely to succeed on the merits,” the standard established in the Anti-SLAPP Act to defeat a motion to dismiss, and denied the defendants’ motions to dismiss and their subsequent motions to reconsider. Michael E.

Claims 158

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.

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. As for my child’s delay claim, this dad is not buying it!

When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.

Best Practices Construction Law

Case Law Claims Claims and Disputes Ethics Federal Construction Legal Trends Scheduling ASBCA bid protest claims delay claims government contracting hvac industrial consultants termination for convenience termination for defaultSometimes you “do” bad things.

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. Although this question may seem contrary to the common sense approach to never overstate the claim amount, it’s actually not.

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

Louis Berger only firm refusing to settle FIU bridge collapse claims

Construction Dive

All but one company being sued by victims' families and survivors of the March 2018 Florida International University pedestrian bridge collapse have reached financial settlements

FDOT, P3 nix deadline for I-4 $100M overrun, delay claims

Construction Dive

Skanska, John Laing and SGL Constructors now have an indefinite amount of time to address costs and delays stemming from two drilled shaft failures during construction of a bridge foundation

How to Win the Claim Game

Construction Business Owner

In today’s litigious environment, claims against construction companies are inevitable, and off-the-shelf solutions used to manage liability risks are too often inadequate.

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.

Claim Managers

DebunkTheBIM

Still, there is one thing that keeps on hanging around, The role, of the ‘claim manager’. So scientific and exact with no room for the relaxed padding the ex-claim managers are so used to?

NY Bridge Contractor Sues Thruway Authority To Gain Pay Claim Records

ENR Construction

Fluor-led team wants long-awaited financials to support $900M Tappan Zee span claim

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.

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

Are Claim Sponsorship Agreements an Efficient Way to Resolve Claims?

Construction Dive

By Bruce Jervis Claim sponsorship and settlement agreements are a vital tool for administering and resolving claims. They facilitate the consolidation of multiple, interrelated claims of a prime contractor and its subcontractors against the project owner.

Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather

Best Practices Construction Law

2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project.

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.

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

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.

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.

Claims 100

Toxic soil claims stall San Francisco Shipyard development

Construction Dive

The Navy will not release the property to the city and developers until the soil has been retested

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