Construction Claim- Types, Causes, and Preventive Measures

The Constructor

The post Construction Claim- Types, Causes, and Preventive Measures appeared first on The Constructor.

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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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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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.

You Can’t Treat Construction Claims Like Your Grandkids

Best Practices Construction Law

The contracting officer denied the claim, and the contractor appealed. Another lesson learned is the importance of “reasonableness” when drafting or submitting claims. I have seven children. and two of them have flown the coop. I also have two grandchildren who are ripe for spoiling.

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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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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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

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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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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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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Curtain Wall Supplier Claims Rival Engaged in Fraud

ENR Construction

Reflection claims in its lawsuit that it has lost more than $13 million in profits from lost bids due to LeVan companies misrepresenting and exaggerating the efficacy of the Talon Wall system.

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.

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.

#104:  Proving Lost Productivity Claims

NH Construction Law

If you are looking for a primer on the key principles in identifying, presenting or defending against lost productivity claims, you could do worse than this 48-page guide. In construction, as in most businesses, efficiency is the key to profitability; the bigger the bang for a given buck, the greater the profit margin. Bucks spent on labor will produce a big bang or a small one depending on working conditions.

With Big Claims, Designer Insurance Costs Can Only Go Up

ENR Construction

More than half of insurers surveyed in new study by broker Ames & Gough report claim severity was worse in 2021 than the prior year, with half saying they raised premiums 6% to more than 10

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.

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.

Wise Services Settles False Claims Act Suit Over MOX Project

ENR Construction

Subcontractor will pay more than $300,000 to resolve allegations that it defrauded the government with false invoices

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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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

Carolina Panthers Offer $82M to Settle Claims on Canceled $800M Facility

ENR Construction

has put forward a proposal to settle claims arising from the abrupt cancelation of the $800 million project earlier this year The developer of the Carolina Panthers headquarters and practice facility in Rock Hill, S.C.,

Hensel Phelps Agrees to Pay $2.8M to Settle False Claims Case

ENR Construction

The large construction firm was accused of making false claims about a subcontractor on a government project

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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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

What I Learned from My Kids About Delay Claims


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!

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.

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.

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.

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

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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.

State Court Fails to Uphold Seattle Tunnel Builders' Risk Claim

ENR Construction

Washington court ruled that the damage did not constitute damage to the project under the policy terms

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

Flatiron Sues Builders' Risk Insurer Over Denied Claim

ENR Construction

Did the contractor's master policy cover the damage

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

FTC To Ramp Up Enforcement of Environmental Claims

Green Building Law Update

The Federal Trade Commission will begin to ramp up enforcement of deceptive environmental claims, according to Jessica Rich, director of the commission’s consumer protection bureau. But sometimes what companies think green claims mean and what consumers think they mean are two different things,” Rich said at the Advertising Self-Regulatory Council conference last month.

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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

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DuPont Resolves PFAS Claims with Delaware

Greenbuilding Law

The Companies will fund up to an additional $25 million if they settle similar claims with other states for more than $50 million. That settlement brings to $753 million the total DuPont damages claim related companies have paid to resolve about 3,600 PFAS suits.

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!