Construction Superintendent Magazine

NOVEMBER 17, 2015

The American Institute of Architects launched new contract documents. This agreement contains basic business terms related to copyrights and licenses, claims and disputes, termination or suspension and compensation.

Documentation 40

Documentation Contract AIA Agreement 40

Best Practices Construction Law

NOVEMBER 4, 2015

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. This decision illustrates the importance of following a process when dealing with a claim. Assess other pertinent documents. If not, why not?

Claims 48

Claims Change Orders Legal Schedule 48

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

Construction and Infrastructure Law

SEPTEMBER 29, 2020

Labor Code §§ 1020-1022), and the inability to maintain a lawsuit to recover compensation for their work. Contractors who perform work in California without being properly licensed are subject to a world of hurt, including civil and criminal penalties ( see, e.g., Cal. & Prof. Code §§ 7028, 7028.6, 7117, and Cal. Bus & Prof.

California 98

California Contractors Compensation Los Angeles 98

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. Tie causation to each delay.

Claims 48

Claims Schedule Compensation Guidelines 48

Best Practices Construction Law

APRIL 18, 2014

When savvy contractors face delays on a project, they immediately take steps to provide notice, document, evaluate and plan for recovery from those delays. 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.

Schedule 89

Schedule Claims Compensation Travel 89

Best Practices Construction Law

JANUARY 8, 2015

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.

Claims 48

Claims Transportation Contractors Memphis 48

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Workers compensation insurance. This type of policy only applies if you have employees.

Insurance 98

Insurance Liability Claims Injury 98

Construction and Infrastructure Law

SEPTEMBER 29, 2020

Labor Code §§ 1020-1022), and the inability to maintain a lawsuit to recover compensation for their work. Contractors who perform work in California without being properly licensed are subject to a world of hurt, including civil and criminal penalties ( see, e.g., Cal. & Prof. Code §§ 7028, 7028.6, 7117, and Cal. Bus & Prof.

California 52

California Contractors Compensation Los Angeles 52

Levelset

MARCH 24, 2022

However, the steps to claim one differ from the standard construction lien process. Related: Read the guide to notarizing common construction documents. After the preconstruction lien has been filed, a copy of the claim should be sent to the property owner by certified mail within 30 days of filing.

Lien 52

Lien Utah Claims Security 52

Safety Services Company

DECEMBER 1, 2020

If a company isn’t sure about recording an incident and decides not to, they can document it in good faith at a later date. It is important to document these serious injuries and illnesses accurately. The lower the EMR of a business, the lower their worker compensation insurance premiums will be. An EMR of 1.0

OSHA 62

OSHA Accidents Injury Compensation 62

Best Practices Construction Law

MAY 21, 2012

One of the basic, yet most important, aspects of project documentation includes effective use of an on-going and detailed set of daily reports. This type of report will usually prove insufficient to support a request for additional compensation or change order claim. Include work categories and/or cost codes.

Claims 48

Claims Estimating Construction Change Orders 48

Cassell Construction Estimating

NOVEMBER 20, 2014

Wrong, because there’s a catch – the Owner is insisting that all the changes are “concurrent”, and that no additional compensation for extended general conditions is forthcoming. Without either one of these components, the contractor is in a weaker position to collect what’s fairly due. recent updates.

Schedule 100

Schedule Hawaii Alaska Change Orders 100

Levelset

OCTOBER 13, 2022

A COI may include a waiver of subrogation endorsement that basically asks your insurance company to pay an insurance claim, while giving up the ability to recover (or subrogate) damages from the party that actually caused the problem. There may be incidents that require you to document your insurance status while you perform certain jobs.

Insurance 52

Insurance Certification Contractors Liability 52

Construction Dive

NOVEMBER 19, 2014

But, the contract documents frequently make a distinction, so it does matter. An owner-directed suspension is usually expressly compensable, with the elements of compensation defined in the contract. Delay and disruption of ongoing work may be treated differently. Or, the contract may severely limit recovery of delay damages.

Compensation 51

Compensation Liability Contract Claims 51

Best Practices Construction Law

JUNE 15, 2016

When you deal with construction claims, many believe that the largest component of any request for additional compensation is generally labor costs. A compensable loss in terms of labor productivity happens when the contractor uses more hours to complete a given unit of work than it would have used absent the intervening cause.

Products 48

Products Compensation Claims Schedule 48

Best Practices Construction Law

APRIL 28, 2015

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.

Change Orders 48

Change Orders Claims Compensation Contract 48

Best Practices Construction Law

OCTOBER 14, 2015

For example, photography has been used in the construction industry to document the progress of the work. Project team members have the ability to document the status of work on a real-time basis and preserve the photographs in a project management system.

Risk 48

Risk Inspections Claims Construction 48

FDR Safety

SEPTEMBER 22, 2015

Require that contractors provide you with documentation of their safety performance and safety program. Documentation of their Experience Modification Rating, which measures Workers Compensation claims experience. Review the documentation. Items that you will want to see: A copy of their safety program.

Safety 120

Safety Injury Inspections Documentation 120

Levelset

SEPTEMBER 23, 2022

However, the types of policies and their limits (the maximum amount claims can pay out) are limited. A general liability insurance policy protects the policyholder from claims of property damage or bodily injury caused by the contractor or its employees. In some cases, a wrap policy may even include worker’s compensation coverage.

Insurance 52

Insurance Liability Accidents Risk 52

Best Practices Construction Law

MAY 19, 2015

Of course, that price was substantially lower than its actual cost to remove rock, but the Contractor based its bid on the assumption that the amount of rock actually on site would be considerably less than the unverified estimate indicated in the contract bid documents. The Court’s Reasoning.

Bidding 48

Bidding Contractors Contract Site 48

Best Practices Construction Law

MAY 19, 2015

Of course, that price was substantially lower than its actual cost to remove rock, but the Contractor based its bid on the assumption that the amount of rock actually on site would be considerably less than the unverified estimate indicated in the contract bid documents. The Court’s Reasoning.

Bidding 48

Bidding Contractors Contract Site 48

Job Order Contracting

FEBRUARY 20, 2018

The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. Architect/Engineer’s Guidelines, Quality Control, and other related documents in effect at. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. the time of award.

Contract 100

Contract Organization Change Orders Overhead 100

Levelset

OCTOBER 20, 2022

Umbrella or excess insurance : The standard level of GL in a business owner’s policy may not be enough to meet a job’s contractual requirements — in which case you may want to look at an umbrella or excess liability policy that may extend your coverage for larger claims. Finding an insurance agent can be done online or by phone.

Insurance 52

Insurance Liability Electrical Accidents 52

Best Practices Construction Law

SEPTEMBER 23, 2022

Ned regularly represents clients in construction defect and compensation claims, manufacturer/dealer disputes, and insurance coverage lawsuits. Today’s guest post is by one of my favorite construction lawyers and friends, Burr partner Ned Nicholson in our Columbia, SC office. He is also a South Carolina certified mediator.

South Carolina 62

South Carolina Insurance Contract Legal 62

Construction Law Monitor

OCTOBER 19, 2011

There is a lot more involved in acquiring the appropriate permits, licensing and legal documents in order to be granted permission to start. Should the principal default on an aspect of their contract, the surety company will provide financial compensation to the obligee and then refund the damages from the principal.

Insurance 51

Insurance Compensation Claims Agreement 51

Construction Business Owner

DECEMBER 9, 2011

A safe work environment is one of the most straight forward ways to decrease workers compensation expenses. Companies who have more claims than average will have a higher than average rate, for example, 1.6. “A safe work environment is one of the most straight forward ways to decrease workers compensation expenses.”

Construction 136

Construction Insurance Software Software 136

Best Practices Construction Law

APRIL 12, 2016

If you are an owner, you may have an expectation that the contractor is not going to get extra compensation when there are delays to the project. The Town rejected the Contractor’s request for additional compensation. Who’s right? In C and H Electric, Inc. Town of Bethel , 312 Conn.

Connecticut 48

Connecticut Compensation Electrical Contractors 48

Best Practices Construction Law

JANUARY 16, 2015

527 (1948), the Court of Claims considered a specification which provided that site “entrance for trucks shall be at South gate of reservation, over Walker Avenue, Highwood, Illinois, via Patten Road to site.” Here are two few cases addressing the situation: In Gerhardt F.

Contract 48

Contract Roads Construction Lien 48

Construction Lawyer

MARCH 27, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. After leaving the firm, he sued, claiming that the firm had failed to pay him for overtime work in violation of the Fair Labor Standards Act of 1938 ("FLSA"). This could be in the employment agreement or a separate document.

Architecture 58

Architecture Illinois AIA Chicago 58

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Your business plan is a living breathing document that you will change and update as needed. Insurance - Is critical to your construction company.

Insurance 48

Insurance Construction Accounting Claims 48

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Your business plan is a living breathing document that you will change and update as needed. Insurance - Is critical to your construction company.

Contractors 48

Contractors Insurance Claims Lien 48

Contractor Bookkeeping

SEPTEMBER 25, 2013

Suddenly just like any other employee you owe Worker’s Compensation, State and Federal Unemployment. As an employer among your responsibilities are these: Pay workers’ compensation. Required Documentation May include other customers or advertising. Did you mail your renewal to the wrong mailing address? Pay unemployment tax.

Contractors 49

Contractors Cash Flow Washington Compensation 49

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Your business plan is a living breathing document that you will change and update as needed. You get out of them what you put into them.

Construction 48

Construction Insurance Accounting Claims 48

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Voluminous evidence and documents.

Construction 52

Construction Claims Contractors US 52

Construction Lawyer

MAY 30, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The compensation statute therefore “retroactively revives the State’s cause of action for statutory reimbursement against Jacobs that was previously extinguished by the statute of repose.”.

Liability 40

Liability Contractors Design Minnesota 40

Buisness Facilities Contributed Content

MARCH 9, 2016

Oregon Express Bond Program: The Oregon Express Bond program uses much less paperwork and highly standardized documents to save borrowers time and money during the tax-exempt bond borrowing process. Participating employers are compensated through a reduced federal income tax liability. . OTHER INCENTIVES.

Oregon 40

Oregon Zoning Finance Income 40