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

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. There is no federal workers’ compensation law that addresses workplace injuries. Today, every workers’ compensation claim raises the potential for a variety of workplace laws to come into play

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Workers' Compensation 101 for Construction Firms

Construction Business Owner

Workers' Compensation 101 for Construction Firms. What you need to know to limit the number of workers' compensation claims your company deals with on an annual basis Elizabeth Manning. Tue, 04/28/2020 - 16:06.

Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers

Best Practices Construction Law

And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. for breach of contract for nonpayment, claims for delay damages and enforcement of its lien rights. The prime contractor argued that subcontractor’s claim should be limited to its contract balance of approximately $500k in retainage. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Research: Workers Compensation Claim Denials Inch Upward

ENR Construction

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

Louisiana Contractors – Workers Compensation Insurance

Construction Law Monitor

Back in 2009 this blog reported on the very topic of Workers Compensation insurance, stating that 1 and 5 businesses are breaking workers compensation laws. Workers Compensation is codified in Louisiana under Revised Statute 23:1021 et seq. There is almost no incentive for them to settle claims because there is no fear of pricey litigation.

Top Tactics for Controlling Workers’ Compensation

Construction Business Owner

As a business owner, you should be at least marginally conversant in the arcane vocabulary of workers’ compensation (WC), such as keeping track of your experience modification factor (EMF) or “mod.”. This modifier is an actuarial factor used to adjust your WC insurance rate higher or lower than the average for your industry class code, based upon the frequency and severity of your claims

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.

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.

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.

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. Generally, the delay must affect the critical path of the work to be compensable. If the delay absorbs the “float” in the schedule, then it is not compensable. As for my child’s delay claim, this dad is not buying it!

Can Workers With Sun-Related Skin Issues File Workers Compensation Claims?

ENR Construction

Shade tents and frequent water breaks are part of the strategies Kris Comon uses for dealing with 100°-plus temperatures and a punishing sun at a two-story building being constructed in Phoenix

Best Practices for Developing a Contractor’s Request for Compensation

Best Practices Construction Law

My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. Recently, Cordell sent me a list of items that all contractors should review when developing a request for additional compensation. This is often the starting point for reviewing a claim and the key to a successful analysis of issues.

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.

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. Generally, the delay must affect the critical path of the work to be compensable. If the delay absorbs the “float” in the schedule, then it is not compensable. As for my child’s delay claim, this dad is not buying it!

Top 10 Ways to Manage Workers' Compensation Exposure

Construction Business Owner

Workers’ compensation insurance pays for occupational injury and illness; that’s why you buy the insurance. In addition, if your company is large enough to have an experience modification, every claim will affect your mod factor and directly impact your costs Oftentimes, it is an employer’s single most expensive line of coverage. What many contractors fail to grasp, however, is that some significant indirect costs are not covered by insurance.

Worker Comp Claims Hit Nearly $1 Million in Seattle

Construction Equipment

are approaching $1 million in workers’ compensation claims. The state workers'' compensation program had paid $733,265 in claims as of Jan. 1, 2015, and had estimated the claims would cost $964,920 once each one is completed, according to data provided by Elaine Fischer, an agency spokeswoman According to Washington state occupational date, workplace injuries at the Alaskan Way Viaduct replacement project in Seattle, Wash.

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. The government filed a counter-claim alleging fraud and other violations. Although the appellate decision focuses on the government’s claims, the lessons learned about delays stem from the trial court ‘s opinion.

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. The clause read as follows: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein.

Do Project Owners Make ‘Claim’ a Dirty Word?

Construction Dive

By Bruce Jervis Construction contracts frequently contain a “notice of claim” requirement. If a contractor believes an occurrence entitles the contractor to additional compensation under the contract, the contractor must give the project owner written notice within a stipulated number of days of the date of the occurrence. Failure to do so bars any recovery of additional compensation. Claim notices seem unduly adversarial, even unsavory.

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. Finding that most of the loss was suffered by the plaintiffs' subcontractor, the court held that plaintiffs could recover for their damages but were precluded for recovering for their subcontractor's damage because assignments of such claims were forbidden by a federal statute. The claim was presented by the contractor to the DOT.

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. At the very least, the daily reports from another project will add legitimacy to the estimate and remove some of the owner’s skepticism of paying out claims based on the total cost approach.

Five Questions to Answer Before Submitting a Claim for Increased Material Costs

Best Practices Construction Law

Not that I treat every marital conversation like a construction claim, but I do find myself grilling my wife about these increased costs and whether they are justified. Contractors should be concerned about the same level of grilling (or review) when submitting a claim. There are a variety of increased material costs that may be included in a request for additional compensation or a claim. About a year ago, my wife turned vegetarian on me.

Do Overreaching Claims Give the Process a Bad Name?

Construction Dive

By Bruce Jervis There are many legitimate reasons for contractors to submit claims for increased compensation. This is why aspersions such as “claim monger” are offensive to contractors. These lapses in judgment are harmful to the image of the industry and give the entire claim process a bad reputation.

Landmark Contractor Licensing Case Limits Disgorgement Remedy in California

Construction and Infrastructure Law

Labor Code §§ 1020-1022), and the inability to maintain a lawsuit to recover compensation for their work. Contractors performing work in California are required to be licensed by the California State License Board (“CSLB”). Bus. & & Prof. Code §7065.

What Type of Schedule Analysis Should be Performed in Construction Delay Claims?

Best Practices Construction Law

"There is an undeniable need for logical, factually supportable and credible evidence to assist in calculating delay, time extensions, concurrency and compensability as well as liquidated damages and actual damages." 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.

Best Practice: 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.

Provide Notice (and 10 Other Tasks) When Pursuing a Construction Claim

Best Practices Construction Law

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you comply with the contract or insurance provisions by: (1) giving written notice of the claim; (2) to the correct party; (3) within the time required; and (4) identifying the event giving rise to the claim.

Attn Contractors: Workers' Comp Costs Likely to Increase Beginning January 1, 2013

Best Practices Construction Law

Over my legal career, I have handled a significant amount of workers' compensation disputes, representing injured employees, defending employers and insurance carriers, and even a few years working for an appellate judge that addressed workers' compensation appeals. The National Council on Compensation Insurance, Inc. is a group that performs national insurance ratings based upon data collection, particularly in the area of worker's compensation.

“Paid in Full” Wives’ Tale True? When Endorsing A Check, Yes Ma’am!

Best Practices Construction Law

the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. Following completion of the project, the contractor filed a claim against the owner and engineer for damages allegedly resulting from the negligence of the owner and engineer.

9 Best Practice Tips for a Schedule Analysis of Construction Delays

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 ( preferably by an expert ) to establish or to challenge entitlement to the damages sought. Generally, the delay must affect the critical path of the work to be compensable.

Contractor Learns You Need an Expert to Join “Battle of the Experts”

Best Practices Construction Law

23, 2019), the contracting officer awarded the contractor approximately $135,000 in delay damages for a 172 days in compensable delays on a renovation project on a base in South Carolina.

8 Best Practice Tips for a Schedule Analysis of Construction Delays

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. Generally, the delay must affect the critical path of the work to be compensable. If the delay absorbs the “float” in the schedule, then it is not compensable. Question: What other best practices can you identify for putting together a delay claim?

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

Construction and Infrastructure Law

To reduce potential exposure, contracts may need to be revised to include provisions: requiring subcontractors to indemnify and defend against claims for unpaid wages and benefits; requiring all subcontractors to obtain payment bonds; establishing firm deadlines for subcontractors to provide payroll records upon request or even as a condition precedent to payment; and.

Active Interference Wins Skee Ball Points and Precludes Enforcement of A “No Damages for Delay” Clause

Best Practices Construction Law

For example, a traditional clause may read as follows: “No claims for increased costs, charges, expenses or damages of any kind shall be made by the Contractor against the Owner for any delays or hindrances from any cause whatsoever; provided that the Owner, in the Owner’s discretion, may compensate the Contractor for any said delays by extending the time for completion of the Work as specified in the Contract.”. * * * * * *.

Change Directive v. Change Order v. Construction Change

Best Practices Construction Law

Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. When you are dealing with changes on a project, they can be classified, treated, reviewed, and compensated on a different basis. And when you get to the point of filing a claim for the impact of a change, then make sure you use the right words. In the legal world, words have meaning.

One Awesome Case Discussing The Difference Between Delay and Disruption Damages!

Best Practices Construction Law

Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The contract allowed for “delay damages” if the Contractor’s request for those damages “is determined to be compensable.” The County argued that Section 262.007 of the Local Government Code waives a county’s sovereign immunity for construction contracts involving claims for delay damages.

NCCI Cites Smartphones as Potential On-the-Clock Crash Cause

Construction Equipment

The frequency for all claims in workers’ compensation steadily declined by 17.6 According to data released by the National Council on Compensation Insurance, more than 40 percent of workers percent between 2011 and 2016, while frequency for car accidents on the job increased by 5 percent.

No Damages for Delay: What It Means and What Can You Do

Best Practices Construction Law

Dormitory Authority of State of New York , appellate court enforced a no-damages-for delay clause against a contractor, rejecting a $10m delay claim. “Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage.”

Recovering Loss of Productivity Through Measured Mile Analysis

Best Practices Construction Law

When contractors seek additional compensation for changes, design impacts, differing site conditions or other delays, they must convince the court or arbitrator of the amount they are entitled to be paid. Record keeping is critical to calculate and support any lost productivity claim. Identify and evaluate possible other causes for the claimed impact.