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.

Construction Claims Mitigation During Dispute Phase

Green Building Insider

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

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4Projects facing Au$9m reseller claim

Extranet Evolution

According to a statement of claim filed in the County Court of Victoria,* Project Collaboration Pty Ltd is suing 4Projects Ltd for breach of contract, claiming almost Au$9m (around £4.4m Project Collaboration rejected the termination (Viewpoint was not a party to the agreement) and sought to regain access to the 4Projects platform, but on 16 April, 4Projects responded by claiming a material breach of the contract and repeated their intention to terminate the contract.

Claims Mitigation During Construction Phase

Green Building Insider

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.

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.

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.

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.

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.

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 your piece of the productivity puzzle

Constructor Magazine

Ken Sinclair, Editor/Owner/Founder, AutomatedBuildings.com. Our industry's wagons are circling the productivity puzzle and its lucrative paybacks as we explore how our new IoT presences will provide more than energy and operating savings for our clients. read more.

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

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

Identification and Notification: Key To Construction Claims Success

Green Building Insider

By Patti Wysocki Construction claims and changes are the bane of all construction projects. For any number of reasons, scope changes, design conflicts, changed conditions, severe weather, late submittals or late approvals, and potential change orders can be a daily occurrence on complex projects, and sometimes lead to claims. Successful recovery for valid claims begins with a proper change management program, starting with identification.

Florida Defends Bridge Choice as Fluor Claims Manipulation

ENR Construction

The $800-million “signature bridge” that the state of Florida promised the people of Miami is distinguishing itself in another way: as a bitterly contested best-value procurement

Miami 21

Team Claims New Power Cycle Generates Without Emissions

ENR Construction

Nearing completion in Texas, a 50-MW power plant will demonstrate a first-of-a-kind natural-gas power system

Texas 19

Subcontractor Default Claim Lands in Sand Trap

ENR Construction

Does Arch have sound reasons for refusing a $32-million New York beach project payout? Business Management

Conject “to grow 15-20 per cent” claims CEO

Extranet Evolution

The group was also growing its international sales team, Colin said, with new appointments in New Zealand and Singapore as well as mainland Europe (Russia and Austria were strong markets for Conject, he claimed).

When Neither Death Nor Error Forestalls a Surety Claim

ENR Construction

Two cases involving surety claims show how death and error do not forestall a surety seeking to avoid losses. Policy

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?

BIM 8

After Restoring Power in North Carolina, Contractor Faces Many Claims

ENR Construction

PCL Civil Constructors helped to restore power to two North Carolina barrier islands, but now it faces fallout from the accidental power cut

Judge Nixes SC's $100M Claim Over MOX Construction Delays

ENR Construction

8 dismissed a claim by the state of South Carolina against the U.S. A federal judge on Feb. of Energy over delayed construction of the Mixed-Oxide Fuel Fabrication Facility, near Aiken, S.C.

Judge: Designer’s One-Sentence Claim Notice Allows Insurer to Deny Coverage

ENR Construction

Insurer Lexington rejected Ballinger's last-day claim notification that lacked required information

Study Claims Solar, Wind Power Will Lead Future Energy Markets

ENR Construction

Power generation with fossil fuels is nearing the end of its dominance and cannot be saved by low prices for coal and natural gas

Three Keys to Preventing Construction Defect Claims

Construction Business Owner

Your phone rings, and it’s a call you were not anticipating. About five years ago, you were the general contractor for a new multi-tenanted building, and now the building owner has called to inform you that the facility is facing issues with water intrusion. You have officially been put on ?notice,

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.

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.

Green 18

When Financial Problems Rise

Construction Advisory Report

It should be remembered, however, Read more » Construction Claims Bonds Brazil Claims Counterparties Financial Problems Guarantee Rhodes schedule Termination

Big Disputed Oregon Power Plant Surety Claim Inches Toward Trial

ENR Construction

Will Zurich and Liberty Mutual be compelled to pay off bond provided by a bankrupt contractor

San Diego Construction Firm Pays $5.4M to Settle Fraud Claim

Construction Equipment

Harper Construction Company, Inc. has paid $5.4 million to the United States to resolve allegations that it fraudulently billed the government for work on multiple projects on military bases.

Parsons to Pay $3.8M to Settle Claims It Mischarged DOE

ENR Construction

Contractor denies allegations it mischarged DOE for employee relocation expenses on Savannah River project. Policy

Michigan Claims Engineers’ Errors Prolonged Corrosion

ENR Construction

Only a few months ago, Michigan’s state agencies stood at the center of a circle of blame for the Flint water crisis

Egyptian Firm to Pay U.S. $1.1M to Settle False-Claim Charges

ENR Construction

Misr Sons reaches agreement with DOJ to resolve alleged False Claim Act violations

Superfund Contractor Will Repay EPA Despite Claim It Was Unaware of Employee Fraud Scheme

ENR Construction

Cleanup firm''s $2.7-million settlement with the US Justice Dept. follows the fraud conviction last month of its former project manager. Business Management

Court Upholds Negligence Claim Against Jacobs Over Army Base Road Depth

ENR Construction

Would heavy tanks and other equipment over-stress the paving

Claims Under Builders' Risk Policies Likely to Follow Sandy's Trail

ENR Construction

How many builders' risk claims will follow the superstorm still remains unclear, as does much of the economic loss suffered by New York City. Business Management

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.

Panama Canal Contractor Files $573-Million Claim

ENR Construction

The consortium building the third set of locks has filed a large claim due to "unforeseen events.". Infrastructure