Best Practices Construction Law

NOVEMBER 25, 2019

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. Crossland Construction Co. , Here’s what I mean. In WinCo Foods, LLC v. CIV-18-175-HE (Nov.

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Claims Oklahoma Contract Contractors 71

Best Practices Construction Law

MAY 1, 2012

You can learn best practices for documentation and record management in this 90-minute webinar — From Paper to Paperless: Controlling Construction Documentation, Improving Record Management and Identifying Risk in an Electronic Age. This course will explore: Why are proper records so essential for claims and disputes?

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Documentation Legal Honolulu AGC 48

Best Practices Construction Law

SEPTEMBER 30, 2014

And every couple of years I partner with the Construction Pro Network to address these issues. You can learn best practices for documentation and record management in this 90-minute webinar — From Paper to Paperless: Controlling Construction Documentation, Improving Record Management and Identifying Risk in an Electronic Age.

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Documentation Risk Management Legal 48

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.

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Best Practices Construction Law

AUGUST 11, 2017

Believe it or not, there are always a wealth of emails and other documents produced in litigation that help “make the case” for the other side. We also need to consult the claims team to determine how late we really are. ” Best Practices advises that you should have a written document management policy in place.

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Documentation Planswift ProCore Claims 74

Best Practices Construction Law

MARCH 20, 2020

You can download a complimentary copy here: Best Practices – COVID19 and Construction Claims , but please do me a favor and subscribe to the blog on the sidebar to the right. Just enter your email, and you will receive regular updates.

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Contractors Claims Legal Mobility 124

Viewpoint Construction Technology

JUNE 3, 2019

However, within the construction sector there are multiple aspects which require different approaches, meaning a one-size fits all approach is not appropriate. While the issues vary from one organisation to another , we’ve broken down the most common construction disputes into four main categories. This may work for them.

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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.

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Levelset

JUNE 3, 2022

The federal government is allocating over a trillion dollars in funding for public infrastructure construction projects over the course of the next decade — and a whole lot of that funding is going to go directly to individual states. Washington State bond claim laws.

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Levelset

MAY 11, 2022

Public works construction in these areas is lucrative and can provide major boosts for contractors, but that doesn’t mean there aren’t also challenges in these projects — contractors deal with payment issues on these projects just as much as they deal with them on private ones. New York bond claims. times the amount owed. Matt Viator.

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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). Question: Do you know any similar cases?

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Compensation Lien Claims North Carolina 97

Carol Hagen

JANUARY 14, 2013

Construction photographs are collected on every one of your projects. A file of jpeg1, jpeg2, etc taken at jobsite X on a given date really doesn’t help if a legal claim crops up a few years from now. To be upfront on disclosure, I have business relationships with both Threshold and Construction Imaging.

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Construction Documentation Organization Legal 160

NH Construction Law

FEBRUARY 25, 2023

A common feature of residential construction loans is the requirement for periodic inspections of the progress of work, usually by an independent inspection company hired by the bank, before disbursements are made. Nor does a negligence claim against the inspector appear promising. New Hampshire Savings Bank , 131 N.H.

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Banking Inspections Construction Lien 40

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

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Lien Claims Massachusetts Contract 71

Best Practices Construction Law

JULY 10, 2022

Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. The project involved a $13m construction loan between the lender and the owner to renovate a hotel. Lessons learned.

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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.

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Construction Project Management Engineering Management 222

Levelset

NOVEMBER 10, 2022

Construction is a risky business by almost any measure: It not only has one of the highest business failure rates of any industry, but construction work also sits atop the list of the most dangerous jobs. In 2019, the construction industry accounted for about 20% of all work-related fatalities in the U.S. Make safety a priority.

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Best Practices Construction Law

SEPTEMBER 22, 2020

You probably saw last month’s report about a major accident at a construction site in downtown Miami, Florida. This is a good reminder of the lessons to learn when investigating or handling an accident on a construction site. Manage the accident documents. Investigation is still underway as to the root cause.

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Levelset

MARCH 31, 2022

In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. In general, there are four parties involved in a restoration project: Property owner Insurance company Claims adjuster Contractor. Be clear about rights & responsibilities.

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Insurance Deals Contractors Claims 93

Constructlaw

SEPTEMBER 10, 2020

Well, for the construction industry, it may never return to “normal.” COVID-19 may have permanently changed the landscape of the construction industry in many ways. One additional outcome of this, that everyone needs to understand from the very beginning of a project, is the need to document everything — absolutely everything.

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Levelset

OCTOBER 13, 2022

Construction contracts often require that each hired specialty contractor maintain a minimum level of insurance coverage, and a COI will reflect that status. In this article, we’ll explain what contractors need to know about COIs, when they are needed, and how they work in construction. Why a certificate of insurance matters.

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Levelset

JUNE 3, 2022

Construction contractors face potential loss with each project they take on. Project loss insurance, or PLI, is designed to mitigate catastrophic construction project losses. It protects contractors and construction managers from unexpected increased costs in the performance of a construction contract.

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Insurance Cash Flow Claims Contractors 52

FDR Safety

MARCH 19, 2020

Responding to all document and other information requests by the OSHA inspector. Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights.

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OSHA Inspections Conference Employment 156

cnstrctr

JANUARY 4, 2020

Construction projects are a conglomeration of various parties that all need to work together. A construction contract is a tool that you can use to help outline these requirements. What exactly is a construction contract, how can it be used and what are the different types? Construction Contract Types.

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Contract Construction Finance Documentation 88

Construction Law Monitor

JANUARY 19, 2011

When an employee is terminated and claims unemployment benefits in Louisiana, the claim is associated with your business’ account and will affect your unemployment insurance rates in the future. In Louisiana, unemployment claims are administered by the Louisiana Workforce Commission. Read the Avvo Legal Guide here.

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Best Practices Construction Law

APRIL 28, 2015

In the legal world, words have meaning. 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. Take, for example, the world of changes in the construction context.

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Best Practices Construction Law

MARCH 17, 2021

And there are times when parties to a construction contract face a goocher. Khan Comfort, LLC , the Supreme Court of South Dakota held that a missing time element in a construction contract did not invalidate the contract. Missing from the September document was a timeline for completion of the work. Clancy, Inc.

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Contract South Dakota Documentation Construction 62

GCP Applied Technologies

SEPTEMBER 14, 2020

When starting a building project, whether it's renovating a house or new construction, there are so many elements to cover that warranties often get pushed to the bottom of the list. They are overwhelming, long to read, and the legal jargon seems like another language. Review GCP material warranty. However, warranties serve a purpose.

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Residential Materials Products Claims 148

Construction Dive

DECEMBER 10, 2015

By Bruce Jervis The legal standard for a successful differing site condition claim is stated in a variety of ways. At its most fundamental level, however, it comes down to two questions:What representations did the contract documents make regarding physical site conditions?Was

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Site Contractors Claims Documentation 48

Construction Marketing Ideas

MARCH 16, 2016

I have rarely read a construction blog post with as much power and impact as this recent Procore Blog post: Inside theRisks of Construction Drawings: The Case of the Hourglass , by Bridget Johnson. The story is simple, but incredibly significant, citing a legal case: Goodrich Quality Theaters, Inc.

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ProCore News Drawings Documentation 48

Job Order Contracting

AUGUST 8, 2017

LEAN JOC Construction Improves Facilities Management Outcomes for all participants and stakeholders by focusing upon best value. The Delivery Team has the legal duties of the constituent parties as outlined in their respective contracts. Process & Documentation. Where all documents complete, clear and complete?

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Management Construction Schedule Life Cycle 100

Best Practices Construction Law

AUGUST 10, 2017

In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, or (3) failure to carry out the Work in accordance with the Contract Documents.”.

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Contract Agreement Virginia Construction 79

Best Practices Construction Law

JUNE 24, 2016

When the Buyer’s agent asked for a copy of the Seller’s executed documents, Seller’s agent sent the following text: [Seller] was out of town today. Although this case deals with the purchase of real property, which is subject to the Statute of Frauds, there are many lessons for the modern construction project.

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Contract Claims Documentation Change Orders 91

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. This is often the starting point for reviewing a claim and the key to a successful analysis of issues. If not, why not?

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Compensation Claims Change Orders Legal 54

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

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Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

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Insurance Claims Agreement Lien 52

Construction Law

AUGUST 1, 2022

Big Four’ auditor KMPG admitted falsifying documents and providing false and misleading information relating to inquiries being made concerning Carillion and has been fined £14.4 Billion legal claim against KPMG, which says it will defend this action. The same words could be addressed to all construction professionals.

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Regulation Inspections Accounting Legal 52