Best Practices Construction Law

SEPTEMBER 25, 2020

And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. Lend Lease Construction (Sept. The project involved the new construction of three buildings in Durham, North Carolina. 1, 2020) (PDF).

Compensation 97

Compensation Lien Claims North Carolina 97

ENR Construction

MAY 12, 2020

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.

Claims 78

Claims Compensation AGC California 78

Best Practices Construction Law

MARCH 10, 2020

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. In Appeal of Matcon Diamond, Inc.

Claims 62

Claims Compensation Overhead Defense 62

Best Practices Construction Law

NOVEMBER 22, 2019

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. Don’t wait until the lawsuit or demand for arbitration before giving notice of your claim.

Claims 62

Claims Documentation Contract Change Orders 62

Best Practices Construction Law

OCTOBER 13, 2016

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. So, which method is correct?

Claims 76

Claims Compensation Schedule Guidelines 76

Constructlaw

MAY 3, 2023

Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Voluminous evidence and documents. Multiple parties. Industry-specific legal concepts.

Construction 52

Construction Claims Contractors US 52

Construction Business Owner

SEPTEMBER 12, 2017

The first step in evaluating workers’ compensation costs begins with a clear understanding of the Experience Modification Factor (EMF) and its direct impact on premium. Equally critical is a complete understanding of an organization’s key loss drivers and the effect individual claims have on the experience modifier.

Compensation 214

Compensation Claims 214

Levelset

SEPTEMBER 19, 2022

As you dig deeper into your construction insurance policy, you may come across the terms first-party insurance and third-party insurance. Mastering the difference between these two concepts is crucial to understanding how different types of construction insurance protect you. Fortunately, the difference is very straightforward.

Insurance 52

Insurance Liability Compensation Claims 52

ENR Construction

JULY 10, 2018

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

Claims 53

Claims Compensation 53

ENR Construction

JUNE 21, 2022

High court rules that a 2018 state law broadening the scope of federal employees who can claim benefits related to work at the Hanford Site nuclear waste cleanup in Washington State violates the U.S. Constitution’s Supremacy Clause. .

Compensation 65

Compensation Site Washington Claims 65

Best Practices Construction Law

JUNE 21, 2022

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to COVID-19. APTIM Federal Services, LLC (ASBCA No. Geren , 550 F.3d 3d 1368 (Fed.

Contract 62

Contract Contractors Compensation Site 62

Construction Marketing

JUNE 20, 2022

Construction is one of the most hazardous industries, with injuries occurring almost every year. When you see or hear about construction accidents, they usually involve heavy equipment like cranes or scaffolding. When you see or hear about construction accidents, they usually involve heavy equipment like cranes or scaffolding.

Site 156

Site Injury Construction Safety 156

Best Practices Construction Law

DECEMBER 11, 2019

A number of families will be traveling this holiday season, and some are travel-savvy enough to check out travel websites for real-time traffic information and identification of construction delays. Generally, the delay must affect the critical path of the work to be compensable. So, which method is correct?

Schedule 71

Schedule Compensation Claims Travel 71

Best Practices Construction Law

AUGUST 25, 2016

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. Schedules , including the as-planned and updates.

Claims 48

Claims DOT Compensation Documentation 48

Construction Business Owner

AUGUST 22, 2014

The Insurance Research Council indicates that roughly 35 percent of workers’ compensation claim dollars are paid to fraudulent claimants. Fraudulent claims increase immediate insurance policy costs and long-term rating discounts and modifiers. billion per year.

Insurance 227

Insurance Compensation Claims 227

Construction Business Owner

JULY 23, 2014

The Insurance Research Council indicates that roughly 35 percent of workers’ compensation claim dollars are paid to fraudulent claimants. Fraudulent claims increase immediate insurance policy costs and long-term rating discounts and modifiers. billion per year.

Insurance 227

Insurance Compensation Claims 227

Construction Marketing

DECEMBER 27, 2021

This type of coverage will protect your company from various liabilities , including injury claims, and cover medical expenses. Builders risk insurance is a type of coverage that applies to ongoing construction projects. The builder’s risk insurance policy is perfect for contractors who build structures under construction.

Insurance 156

Insurance Contractors Accidents Liability 156

Best Practices Construction Law

OCTOBER 13, 2016

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. So, which method is correct?

Claims 48

Claims Compensation Schedule Guidelines 48

Construction Dive

APRIL 23, 2014

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.

Claims 56

Claims Compensation Contract Regulation 56

Best Practices Construction Law

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. 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.

Claims 118

Claims Compensation Contract Contractors 118

Job Order Contracting

AUGUST 31, 2021

A collaborative construction solution, capable of consistently delivering quality repair, renovation, and new builds, on-time and on-budget, is available to any Public Sector real property owner. Finally, the workflow of traditional construction planning, procurement, and project delivery is just plain wrong!

Construction 124

Construction Procurement Liability Contract 124

Construction Business Owner

MAY 30, 2013

There are numerous resources to help construction companies prevent workers’ compensation claims. They can also engage third-party consultants and public agencies that concentrate on various aspects of injury prevention, injury and claim management and cost-containment. .'

Injury 166

Injury Compensation Claims Insurance 166

Best Practices Construction Law

SEPTEMBER 29, 2020

In Triangle Construction Co. the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc.,

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Construction Equipment

MARCH 13, 2015

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.'

Seattle 48

Seattle Claims Compensation Injury 48

Levelset

AUGUST 31, 2022

Whether you’re just starting your business or looking to change insurance carriers, it pays to go with a company that has experience and knowledge in providing insurance for the construction industry. We’ve put together a list of the 10 best construction insurance companies. Best construction insurance companies. The Hartford.

Insurance 52

Insurance Liability Compensation Construction 52

Construction Law Monitor

DECEMBER 27, 2012

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. In my everyday practice, I feel like the trend is still prevalent in the construction industry.

Compensation 51

Compensation Insurance Louisiana Contractors 51

Lets Build

FEBRUARY 24, 2022

COVID-19 hit the construction industry hard. With this comes construction trends that may become the new standard practice for 2022. The global 3D printing market in the construction sector is expected to become an $870 million industry by 2026, according to a 2022 report. Green construction. 3D printing.

Industrial 158

Industrial Construction Equipment Software 158

ENR Construction

JULY 11, 2018

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.

Compensation 52

Compensation Phoenix Claims Deals 52

Levelset

AUGUST 5, 2022

Construction insurance can be confusing. With so many policies on a project, there’s a good chance that coverage is overlapped, and a claim could cause insurers to battle with each other over who’s at fault. What is a Controlled Insurance Program (CIP)?

Insurance 52

Insurance Liability Claims Construction 52

Best Practices Construction Law

SEPTEMBER 4, 2014

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.

Compensation 54

Compensation Claims Change Orders Legal 54

Best Practices Construction Law

MAY 24, 2013

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. Image: Beverly Cromer.

Claims 72

Claims Materials Compensation Estimating 72

Construction Dive

NOVEMBER 6, 2013

By Bruce Jervis There are many legitimate reasons for contractors to submit claims for increased compensation. Construction contracts, which essentially allocate risks and responsibilities between project owners and constructors, spell out the circumstances under which the contractor may be entitled to additional time or money.

Claims 54

Claims Wisconsin Compensation Liability 54

Best Practices Construction Law

JANUARY 15, 2013

"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." Generally, the delay must affect the critical path of the work to be compensable. So, which method is correct?

Claims 48

Claims Schedule Compensation Guidelines 48

Levelset

MAY 23, 2022

One way to help protect yourself from some of these perils is by having business interruption insurance for construction. It’s important to understand what this insurance covers, and how to get the most out of it if you need to file a claim. Learn more: Schedule Delay – How to Assess & Reduce Impact in Construction.

Insurance 97

Insurance Contractors Construction Claims 97

Best Practices Construction Law

MAY 21, 2013

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. Schedules , including the as-planned and updates. Image: Tanzer18.

Claims 48

Claims DOT Construction Compensation 48

Levelset

SEPTEMBER 2, 2022

Errors and omissions (E&O) insurance covers contractors against financial loss resulting from mistakes, errors, or claims of negligence. While general liability insurance covers against claims related to injury or property damage, errors and omissions insurance protects from lawsuits related to financial loss.

Insurance 52

Insurance Liability Claims Construction 52

Best Practices Construction Law

SEPTEMBER 5, 2018

When we think of delays on a construction project, the first inquiry is to identify the turtle—the one party holding up progress or causing the delay. When the construction project was delayed, the general contractor filed suit against the numerous designers, architects, engineers and subconsultants.

Claims 54

Claims Miami Contract Liability 54