Best Practices Construction Law

MAY 12, 2014

I have written before about statutes of limitation and statutes of repose relating to construction disputes. I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors. There is an exception if the claim is discovered during the fourth year after completion.

Claims 54

Claims Connecticut Legal Construction 54

Job Order Contracting

APRIL 30, 2022

The characteristics of strategic collaboration and efficient construction project delivery are discussed below. Characteristics of Strategic Collaboration and Efficient Construction Project Delivery. Shorter construction schedules than planned. Zero costs associated with disputes and claims. Fewer disputes and claims.

Construction 222

Construction Project Management Engineering Management 222

Construction Dive

OCTOBER 7, 2012

It’s an old sports cliché: the best defense is a good offense. In claims litigation, this strategy has been in evidence for years. A recent case, however, illustrated a pitfall to this aggressive response. The engineer sued to collect approximately $50,000 in compensation. million in damages.

Defense 48

Defense Claims Compensation Agreement 48

Federal Construction Contracting Blog

JUNE 7, 2022

As two recent Armed Services Board of Contract Appeals (the Board) decisions involving contractor claims for COVID-19-related costs illustrate, the distinction between these two roles can make or break a contractor’s claim. As the Court of Claims in Jones v. On appeal, the Air Force asserted the Sovereign Acts defense.

Defense 59

Defense Contract Claims Contractors 59

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

Green Building Law Update

NOVEMBER 5, 2017

There have been only a very modest number of cases commenced in courts across the country involving construction of green buildings. Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects.

Green 120

Green Contract Documentation Claims 120

NH Construction Law

SEPTEMBER 5, 2020

Parties to a lawsuit, or who reasonably should anticipate future litigation, have a duty not to destroy evidence crucial to their opponents’ claims or defenses. But what about a building under construction? Golke , 768 N.W.2d 2d 729, 737 (Wis. ” Murray v. The Architectural Team, Inc. ,

Inspections 40

Inspections New Hampshire Claims Construction 40

Levelset

SEPTEMBER 8, 2022

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. It can pay for medical costs and legal fees.

Liability 52

Liability Insurance Claims Legal 52

Green Building Law Update

FEBRUARY 7, 2021

Ignorance is not a defense. A business saying though an ESG statement on their website that they are concerned about modern slavery may sound nice, but in 2021 when so many are talking about ESG, that claim will not resonate and quite frankly falls short of what a private enterprise should be doing to prevent these crimes.

Equity 257

Equity Sustainability Defense Green 257

Federal Construction Contracting Blog

DECEMBER 9, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. The Navy denied the claim, and the contractor appealed that decision to the ASBCA. The Navy denied these requests.

Contractors 52

Contractors Contract Defense Claims 52

Best Practices Construction Law

MARCH 5, 2018

Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. While the court’s decision focused on the type of allegations necessary to prove fraud on the FCA, the opinion is instructive to avoid FCA claims. Jesse Sloan v.

Claims 63

Claims Certification Fabrication Inspections 63

NH Construction Law

JANUARY 30, 2022

1990) (applying New Hampshire law) (“If some of the claims against the insured fall within the terms of coverage, and some without, the insured must still defend the entire claim (at least until it is apparent that no recovery under the covered theory can be had).”) City of Keene , 898 F.2d 2d 265, 269 (1st Cir.

Insurance 40

Insurance Liability Defense New Hampshire 40

Lets Build

FEBRUARY 4, 2021

Being a site foreman in a construction project is like being an orchestra conductor. Free ebook: Why WhatsApp and Excel aren’t enough for running complex construction projects. All of them might be extremely useful in their niche but they are not made for construction. How to effectively run a construction site as a foreman.

Site 158

Site Project Management Schedule Claims 158

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R. The parties ultimately reached a settlement agreement regarding these claims.

Agreement 52

Agreement Claims Contract United States 52

Construction and Infrastructure Law

JUNE 20, 2023

PacifiCorp prevailed against the plaintiffs on the claim of inverse condemnation. With respect to the tort-based claims, the jury awarded approximately $72 million in compensatory damages to 17 plaintiffs. This intent standard for inverse condemnation claims in Oregon differs from those in other states.

Oregon 52

Oregon Claims California Liability 52

Federal Construction Contracting Blog

FEBRUARY 22, 2024

Nevertheless, Sanford claimed that Caldaia’s protest was non-specific because the publicly available financial information it relied on included contracts awarded in 2023, which would not generate any income until fiscal year 2024. Sanford appealed the Area Office’s decision to the SBA’s Office of Hearing and Appeals (OHA).

Contract 98

Contract Office Certification Procurement 98

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.”. Medical expenses, property damage, and legal defense costs can grow quickly.

Insurance 98

Insurance Liability Claims Injury 98

Constructlaw

JUNE 21, 2022

Gary and Kelley Caballero contracted to purchase a new home to be constructed by Taylor Woodrow and Taylor Morrison of Texas, Inc. They sued Taylor, claiming that their home was defectively constructed, causing moisture problems, which led to mold growth.

Agreement 52

Agreement Texas Claims Contract 52

ENR Construction

SEPTEMBER 17, 2019

of Defense contract team failed to follow criteria for termination firmly established in federal case precedents, Federal claims court ruled.

Defense 37

Defense Claims Contractors Contract 37

Best Practices Construction Law

MAY 14, 2012

One of the largest groups for construction lawyers is the American Bar Association's Forum on the Construction Industry. The document is a compilation of cases and legislation affecting the construction industry. The document is a compilation of cases and legislation affecting the construction industry. 2011 Ariz.App.

Lien 48

Lien Defense Las Vegas Construction 48

Construction Marketing Ideas

FEBRUARY 6, 2015

You wouldn’t usually associate Willy Wonka with construction law, but Cobb Law Group writer Dorothy Spencer has brought some light-hearted fare to a rightfully generally serious topic/blog. This shows in the most recent posting: Delicious Constructions , which discusses a chocolate-construction project.

Construction 48

Construction Defense Legal Claims 48

Federal Construction Contracting Blog

JANUARY 16, 2024

Department of Defense (DoD) published the much anticipated proposed rule for the revamped Cybersecurity Maturity Model Certification (CMMC) 2.0 For example, contractors subject to 252.204–7012 are already required to safeguard covered defense information in accordance with NIST SP 800-171. On December 26, 2023, the U.S.

Certification 52

Certification Security Contract Defense 52

Best Practices Construction Law

JUNE 21, 2016

Tully Construction Co. , The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. In Schindler v. For example, in Lee Masonry, Inc.

Claims 82

Claims Contract Legal New York 82

Construction Dive

JUNE 25, 2014

By Bruce Jervis Most state licensing statutes make proper licensing a precondition to the contractor’s right to recover compensation for construction work. Project owners are quick to raise licensing deficiencies as a defense to a payment claim. The reason is obvious. This poses a challenge to contractors.

Compensation 51

Compensation Claims Defense Contractors 51

NH Construction Law

JUNE 30, 2020

Ross Construction Co. , Overlapping the “derivative sovereign immunity” defense is the so-called “government contractor defense” to liability for procurement of negligently designed equipment, articulated in Boyle v. ” 28 U.S.C. § § 2680(a). In Yearsley v. Campbell-Ewald Co. ,

Contractors 40

Contractors Liability United States Defense 40

Job Order Contracting

JULY 28, 2021

Most contractors have heard of design-bid-build, design-build, construction manager at risk, and even public private partnerships, various project delivery methods, which, at their heart, focus on balancing the interests of the various parties involved in a construction project, from owners, to design professionals, to contractors.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Best Practices Construction Law

NOVEMBER 15, 2019

United States , the contractor who had been awarded a fixed price, time sensitive contractor to repair pavement at an Air Force base filed suit against the Department of Defense (“Agency”), alleging it had been wrongfully terminated for default.

Schedule 48

Schedule Contract Contractors United States 48

Best Practices Construction Law

JULY 29, 2015

There are multiple types of insurance coverage for the various risks on a construction project. In that case, an electrical contractor installed certain wiring and lighting in the owner’s home during construction. Ultimately, the court concluded that Insurance Company #2 had the duty to defend the claim. So What?

Insurance 48

Insurance Liability Claims Electrical 48

Levelset

SEPTEMBER 30, 2022

If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . A large claim against your business could have a devastating financial effect that could threaten your livelihood. Does a carpenter need insurance? Carpentry is a diverse occupation.

Insurance 52

Insurance Liability Accidents Injury 52

Construction Dive

NOVEMBER 27, 2012

It also provides project owners with an excellent defense to contractor claims. Featured in this Week’s Construction Claims Advisor:Performance Specs Defeat Claim for Defective DrawingsDelay Disclaimer in Highway Specification Ruled UnenforceableMechanic’s Lien Took Priority over Previously Recorded Mortgages

Lien 48

Lien Claims Defense Documentation 48

Levelset

SEPTEMBER 16, 2022

Learn more: The most common types of insurance policies in construction. Since most states have a 10-year limit on damages from a construction project, these policies provide coverage for a similar time period. The statute of repose cuts off the right to make a claim or sue a contractor after a certain length of time.

Insurance 52

Insurance Liability Claims Contractors 52

Federal Construction Contracting Blog

NOVEMBER 11, 2021

On November 4, 2021, the Department of Defense (DOD) announced it is revamping the Cybersecurity Maturity Model Certification program. The changes are intended to make the program more streamlined and flexible, which, in turn, will make it easier (and cheaper) for contractors to implement.

Certification 52

Certification Defense Liability Contractors 52

Best Practices Construction Law

NOVEMBER 21, 2019

As you may be aware, one of the greatest risks on a construction project involves the payment process. Turner Construction Company , the U.S. The work involved the construction of the Granby Tower Project in Norfolk, Virginia. The owner ultimately lost its construction financing on the project and abandoned the development.

Contract 77

Contract Subcontracting Drafting Virginia 77

Construction Lawyer

APRIL 3, 2012

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Claims 40

Claims Agreement Illinois Subcontracting 40

NH Construction Law

NOVEMBER 7, 2018

It applies only to residential construction, and it provides little more than a temporary delay in a homeowner’s ability to sue. Most contractors facing a plausible claim for defective work will want to make the offer of repair right away, for two reasons. See B erkshire Medical Center, Inc. Marx, Inc. , 3d 71, 78 (1st Cir.

Contractors 40

Contractors Claims Defense Liability 40

ENR Construction

FEBRUARY 14, 2018

ft-dia tunnel-boring machine Bertha, has clarified its defense claims in the lawsuit and even shared its feelings about a snub it perceived at the breakthrough ceremony marking the progress of the work.

Seattle 28

Seattle Defense Claims Plans 28

Construction Dive

NOVEMBER 12, 2015

By Bruce Jervis On a public works contract, a “sovereign act” is the ultimate government defense to a contractor claim for additional compensation. A sovereign act occurs when the public project owner ? the government agency ? establishes a policy that is public and general in nature.

Compensation 48

Compensation Defense Contract Claims 48