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

Constructlaw

MARCH 10, 2023

a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.

Connecticut 52

Connecticut Subcontracting Claims Travel 52

Levelset

APRIL 1, 2022

As a contractor or sub, you can expect to incur many costs during the course of a construction project. Materials, insurances, permits, payroll, and other typical costs are relatively simple to account for. However, there is one very expensive cost that isn’t so cut and dry: construction site theft. Insurance claims.

Site 52

Site Cash Flow Insurance Construction 52

cnstrctr

JUNE 23, 2019

I hear alot of people these days claiming that drone technology in construction will revolutionize the industry, but when I spend time on jobsites it’s rare that it’s actually being implemented. Drones are a relatively new technology to the construction industry and their use currently is limited.

Construction 60

Construction Permits Industrial Claims 60

Constructlaw

OCTOBER 12, 2022

Silvi), a concrete supplier, to supply concrete for the foundation for construction of a luxury hotel in Philadelphia. Carney hired a third party, Construction Technology Laboratories (CTL), to develop the recipe for the concrete. Silvi asserted that the trial court abused its discretion in denying its CASPA claim.

Pennsylvania 52

Pennsylvania Claims Concrete Contract 52

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

cnstrctr

FEBRUARY 4, 2019

We’ve all been there, stuck on that job that everyone has left, construction project closeout is not fun, but it’s a necessary evil of every project. Construction Turnover and Permit Closeout. bctt tweet=”During the construction project you should be in regular contact with your building inspector.

Construction 60

Construction Documentation Permits Contract 60

Constructlaw

DECEMBER 7, 2020

The Army Corps of Engineers denied a construction permit for Alaska’s Pebble Mine project to proceed in accordance with the Clean Water Act (CWA). [1] The project’s developers applied for a permit under the CWA, requiring the Army Corps to assess the project’s potential impact on nearby bodies of water. 1] Letter from David S.

Permits 40

Permits Resource Claims Plans 40

Constructlaw

APRIL 20, 2023

FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). FE&C’s amended complaint also included claims for violation of the Tennessee PPA. For claims sounding in contract, Tennessee applies the law of the state where the parties executed the contract.

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

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

Levelset

JULY 21, 2022

In order to perform construction work, many states require contractors to be “licensed and bonded.” A contractor bond is different from other types of construction bonds because it provides broader protection to the public and is regulated by a licensing board. Obligees can file a claim for: Failing to pay licensing or other fees.

Contractors 52

Contractors Claims Oregon Residential 52

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. Video conferences eliminate travel time and permit people to participate who would normally not be able to meet in person, due to distance or other commitments.

Industrial 52

Industrial Union Contract Claims 52

Construction Lawyer

SEPTEMBER 3, 2014

The owner moved for summary judgment on the copyright claim on the basis that it had an implied nonexclusive license to use the drawings. If a letter agreement is to be used, have a competent construction attorney draft it so that the protections of an AIA contract can be included. The court held that the AIA contract did not apply.

Agreement 45

Agreement Claims AIA Contract 45

Job Order Contracting

AUGUST 8, 2017

LEAN JOC Construction Improves Facilities Management Outcomes for all participants and stakeholders by focusing upon best value. Did the Project proceed smoothly with a minimum of change orders, request for additional information, payment issues, claims and conflicts and were all records and books maintained in good order? Learn more?

Management 100

Management Construction Schedule Life Cycle 100

Construction Law Monitor

JANUARY 27, 2011

A few months ago, we wrote about an appeals decision in Oregon that carved an exception to the economic loss rule in a construction defect case, allowing a plaintiff to sue for negligence when a builder doesn’t comply with building codes. Henry Construction, Inc. , That opinion - Abraham v. 230 Or.App.

Oregon 44

Oregon Claims Liability Contract 44

Levelset

AUGUST 16, 2022

To grow a construction business, contractors often pursue larger projects. Whenever you need to get construction bonds to perform work on a proposed project, your priority is to show the surety company how you plan to manage the particular risks and minimize the downside. Scope of work compared with past projects.

Risk 52

Risk Cash Flow Construction Banking 52

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

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. In JE Dunn Construction Co. ,

Defense 59

Defense Contract Claims Contractors 59

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.

Contract 88

Contract Construction Finance Documentation 88

Construction Junkie

APRIL 30, 2020

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Autodesk 52

Autodesk Claims Injury Liability 52

Construction Junkie

APRIL 27, 2020

Subscribe to the Construction Junkie weekly newsletter. Comment on our Facebook contest post (tag a construction buddy and say something nice about them) 3. Construction Junkie, LLC reserves the right to substitute a Prize of equal or greater value if a Prize cannot be awarded as described for any reason.

Claims 52

Claims Injury Liability United States 52

Construction Junkie

APRIL 28, 2020

Giveaway #2 is live with a swag pack from construction management software, Procore! Subscribe to the Construction Junkie weekly newsletter. Be sure to check back daily for 4 more giveaways this week. For details on all of our giveaways throughout the week, visit our Giveaway Week Home Page by clicking or tapping here.

ProCore 52

ProCore Claims Injury Liability 52

Construction Junkie

APRIL 29, 2020

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Milwaukee 52

Milwaukee Claims Injury Liability 52

Construction Junkie

APRIL 28, 2020

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Claims 52

Claims Injury Liability United States 52

NH Construction Law

APRIL 26, 2022

While some commercial subcontracts do extend the subcontractor’s express warranties to the owner, such provisions are rarely found in residential construction, where there is often no express warranty in the subcontract at all. But what about the implied warranty of good workmanship ( #4 )? Sienna Court Condominium Ass’n v.

Subcontracting 40

Subcontracting New Hampshire Claims Illinois 40

NH Construction Law

MARCH 26, 2022

the so-called “call back” remedy (I hesitate to call it a “warranty” because it is a promise that the contractor will act, not that the construction will conform to some standard): “In addition to the Contractor’s obligations under Section 3.5, The basic one is found in Section 3.5.1, ” Section 3.9.1

Contract 40

Contract EJCDC Documentation Claims 40

Autodesk Construction Cloud

JULY 12, 2022

Successful construction projects don’t happen by accident. Well-executed projects stem from proper p reconstruction planning , a process that’s carried out before the actual construction begins. This results in higher profitability—something that’s critical in a low-margin industry like construction. .

Plans 52

Plans Documentation Schedule Risk 52

Best Practices Construction Law

JUNE 30, 2015

The past week has been one of sweeping changes. ( …no comment… ) But one set of non-controversial changes is the Revised Construction Industry Arbitration and Mediation Procedures released by the American Arbitration Association. Permissibility of dispositive motions to dispose of all or part of a claim.

Documentation 48

Documentation Claims Construction Permits 48

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 Equipment

SEPTEMBER 19, 2014

According to Reuters, although housing starts and permits were down in August, July''s robust gain was revised upward. The number of claims for U.S. housing and labor market figures point to continued improvement in both areas. jobless benefits also declined more than expected.

Housing 48

Housing Permits Claims US 48

Constructlaw

JUNE 30, 2021

This article summarizes the current landscape in Pennsylvania and California as COVID-19 restrictions are lifted, and highlights important considerations for employers in the construction industry in relation to vaccines and navigating a post-mask mandate world. Employer Vaccine Protocols.

Site 52

Site Pennsylvania Employment California 52

Construction Dive

JANUARY 29, 2014

By Bruce Jervis The “Permits and Responsibilities” clause is found in every federal construction contract. Reasonable enough; code compliance is an inherent aspect of performing construction work. Reasonable enough; code compliance is an inherent aspect of performing construction work.

Regulation 52

Regulation Contractors New Hampshire OSHA 52

Construction Dive

JUNE 12, 2013

By Bruce Jervis A typical construction contract is comprised of multiple documents. Featured in this Week’s Construction Claims Advisor:Environmental Permits Took Precedence over DrawingsState Residence Preference Law Did Not Preclude Local Bid PreferenceAttempted Certified Mail Delivery Met Notice Requirement'

Documentation 48

Documentation Permits Contract Claims 48

NH Construction Law

MAY 20, 2023

Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. Quinn Construction, Inc. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Dive

FEBRUARY 5, 2014

Featured in this Week’s Construction Claims Advisor:Total Cost Method Not Allowed on Unit-Priced Work in Absence of Known QuantityContractor Should Have Anticipated Permitting RequirementsPrior Employment Disqualified Architect from Design-Build Team'

Bidding 48

Bidding Permits Claims Documentation 48

NH Construction Law

DECEMBER 19, 2021

When a contractor abandons or is terminated from a construction project before substantial completion, one of the first tasks for the owner/developer (or for the contractor’s performance bond surety if such a bond exists) is to locate and hire a completion contractor. Welch Construction Co., Downing , 135 N.H.

Contractors 40

Contractors Liability Bidding Contract 40

Green Building Law Update

APRIL 28, 2019

In response to claims by environmentalists that existing forest cover protection laws have not been efficacious, during the 2019 session, the General Assembly considered several bills aimed at assessing the state’s forest conservation efforts. Wetlands Permits and Licenses. Forest Cover. Stormwater and Flood Management.

Maryland 120

Maryland Permits Sewer Housing 120