5 Tips for Filing a Roof Replacement Insurance Claim

Construction Marketing Blog

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.

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 115

Trending Sources

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

Research: Workers Compensation Claim Denials Inch Upward

ENR Construction

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

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. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives.

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

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!

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 149

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?

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

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

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!

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.

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

Lawsuit Claims Post-Tensioning Triggered Bridge Failure

ENR Construction

New theories may emerge that contest the causes of the tragedy

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.

Surety Disputes AECOM Hunt's Claim on Austin Hotel Subcontractor Default

ENR Construction

An unusual countersuit by a surety is dismissed by a Texas judge

Texas 55

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.

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.

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

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.

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

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 Control Potential Construction Surety Claims

ENR Construction

What a surety bond producer and big contractor do to keep a lid on claims trouble

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.

Oklahoma Lawsuits Claim Link Between Fracking and Earthquakes

ENR Construction

Pawnee nation lawsuit marks the first time an insurance company has sued oil companies for earthquake-related damages

Data Service Claims To Predict Cost Changes Three Years Ahead

ENR Construction

Construction cost data provider Gordian has launched a big-data-driven service designed to predict construction project cost changes up to three years into the future

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

Engineer Claims Facebook Stole Data-Center System Design

ENR Construction

The social media company used the modular construction methods and then made them public, the engineer claims. Business Management

Sedgwick Claims Management Services Expanding Tennessee HQ

Business Facilities Blog

Read Sedgwick Claims Management Services Expanding Tennessee HQ on Business Facilities - Area Economic Development, Site Selection & Workforce Solutions. The technology-enabled risk and benefits solutions management company will create 150 new jobs in Memphis, TN.

6 Tips to Protect Your Company from Bond Claims

Construction Business Owner

Occasionally, these disputes escalate, and the contractor is presented with a bond claim. Depending on the size of the claim and the strength of the company, these claims can put contractors on the ropes and even knock them out of business.

Government Contractors: Threatening to File a Claim is Not the Same as Filing a Claim

Best Practices Construction Law

For one government contractor, its claim was recently rejected by the Civilian Board of Contract Appeals because the Board found that the Contractor did not properly state its claim. 22, 2015), the Board dismissed the case for lack of jurisdiction because no underlying claim or contracting officer decision existed. The Board rejected the appeal, noting the following: Here, it is clear that neither the contractor nor the Government has made a claim. Words matter.

Severin Doctrine: It's Another Name for "Pass-Through-Plus" Claims

Best Practices Construction Law

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim.

Using Daily Reports to Prove Construction Claims

Best Practices Construction Law

This type of report will usually prove insufficient to support a request for additional compensation or change order claim. Admittedly, contractors can claim success when they devise a system that provides detailed reporting on days problems occur.

Preventing Harassment Claims

Construction Business Owner

Professional football is known as a tough sport with an equally tough behind-the-scenes locker room culture. Jonathan Martin’s departure from the Miami Dolphins on Oct. 28, 2013, perhaps signaled a change.

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

Surety Disputes Hunt Construction's Claim on Austin Hotel Subcontractor Default

ENR Construction

An unusual countersuit by a surety is dismissed by a Texas judge

Texas 36

Coal-Ash Cleanup Verdict Could Open Jacobs to Claims

ENR Construction

Federal jury said firm did not protect worker safety after major 2008 TVA site spill in Tennessee

What Contractors Should Know about the False Claims Act

Construction Business Owner

The Department of Justice adjusted for inflation the monetary penalties on the False Claims Act this summer. The False Claims Act, known as the Lincoln Law, is a federal law that combats fraudulent claims for payment made to federal programs. As a result, the civil penalties have doubled as of August 2016. In the span of about 30 years, the federal government has collected back $38.9 billion from case brought under the act