Constructlaw

APRIL 20, 2023

Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. 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.

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

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

ENR Construction

JUNE 15, 2022

agreement resolves claims of subcontracting kickbacks and bid rigging related to firm's past LOGCAP military operations support contract in Iraq Justice Dept.

Contract 69

Contract Subcontracting Agreement Claims 69

Construction Dive

OCTOBER 22, 2015

By Bruce Jervis Prime contractors enjoy a lot of leverage when awarding subcontracts. One way they utilize this advantage is to specify the forum and governing law for any claim or dispute under the subcontract. This is costly and inconvenient for the sub. And, the governing law may be less favorable.

Claims 48

Claims Subcontracting Contractors Design 48

Constructlaw

OCTOBER 20, 2022

Pizzarotti LLC, a construction manager, sued its subcontractor, X-Treme Concrete, Inc., The court rejected X-Treme’s argument that the no-damage-for-delay provision did not bar its claim because the cause of the delay (incomplete drawings) was not within the parties’ contemplation when they executed their subcontract.

Lien 52

Lien New York Subcontracting Claims 52

Constructlaw

JULY 14, 2022

(together, ASD or Owner) contracted Sweet Construction Corp. Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). ASD was not a party to the Subcontract.

Subcontracting 52

Subcontracting Banking Contract Claims 52

Construction Dive

MARCH 26, 2014

By Bruce Jervis Project owners do not want to be surprised with claims for additional work at the conclusion of a project. An example is found in a subcontract on a recent private project in Ohio. Contract clauses usually stipulate procedures that give the owner some advance notice and an idea of the increased cost.

Claims 51

Claims Subcontracting Ohio Contract 51

Constructlaw

JULY 20, 2023

This is a strong reminder to all tiers of the construction chain that Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) allows substantially prevailing parties — whether owners, contractors, or subcontractors — to recover fees incurred in proceedings involving payment claims.

Claims 40

Claims Subcontracting Contractors Philadelphia 40

Construction Dive

APRIL 10, 2013

By Bruce Jervis Two recent cases involving the waiver of subcontract “pay-if-paid” clauses illustrate the uncertainty of enforcing these provisions. In one case, the prime contractor waived the right to enforce the clause against the subcontractor. In the other case, the contractor narrowly averted a waiver.

Subcontracting 51

Subcontracting Drafting Risk Claims 51

ENR Construction

JUNE 15, 2022

agreement resolves claims of subcontracting kickbacks and bid rigging related to firm's past LOGCAP military operations support contract in Iraq. Justice Dept.

Contract 36

Contract Subcontracting Agreement Claims 36

Construction Dive

DECEMBER 24, 2013

It was a rather prosaic and old-fashioned question: To which address should a notice of claim, transmitted by certified mail, be addressed? The Minnesota Supreme Court said the state payment bond statute created a trap for the unwary -- details of which can defeat meritorious claims.

Claims 48

Claims Subcontracting Minnesota Bidding 48

NH Construction Law

MARCH 28, 2024

The reason is not hard to fathom: under the statute “the owner is to hold back from the principal contractor the amount due the sub-contractor” to pay such claims, Cudworth v. 536, 537 (1898), and owners need to know the amount of those claims in order to do so intelligently. Standard Construction Co. , McGranahan v.

Lien 40

Lien Accounting Claims New Hampshire 40

Construction Dive

DECEMBER 12, 2012

The Tennessee Court of Appeals ruled that an owner’s withholding of liquidated damages was a “claim” within the meaning of the AIA general conditions. The owner was required to give formal written notice of claim within 21 days after the contractual completion deadline passed.

Claims 48

Claims Tennessee Subcontracting AIA 48

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. Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Turner Construction Company , the U.S.

Contract 77

Contract Subcontracting Drafting Virginia 77

Construction Dive

OCTOBER 21, 2012

There are several steps that subcontractors should take if they want to maintain their rights to file delay claims, Navigant Construction Forum Executive Director James Zack said during a webinar that WPL Publishing held earlier this month. Zack and Navigant Consulting Inc. ” Read more.

Claims 48

Claims Subcontracting Bidding Negotiation 48

Construction Marketing

JULY 24, 2014

The company wants to provide leads to its sales force so that its product can be specified in commercial construction projects at an earlier stage. The Big Dog Lead Generators: McGraw-Hill Construction Dodge and Reed Construction Data. Type of work, such as new construction or addition. Reed Construction Data.

Construction 215

Construction Claims Products Commercial 215

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.

Washington 52

Washington Claims Lien Contract 52

NH Construction Law

APRIL 26, 2022

A few years back I blogged ( #84 ) that owners generally lack “third party beneficiary” rights required in order to enforce subcontracts. Still other courts allow homeowners to bring negligence claims against subcontractors regardless of recourse against the builder-vendor. Sienna Court Condominium Ass’n v.

Subcontracting 40

Subcontracting New Hampshire Claims Illinois 40

Best Practices Construction Law

FEBRUARY 21, 2018

Reading and understanding an insurance policy on a construction project can be a lot like understanding my kids playing Speak Out. This was a hard lesson learned by a contractor recently in Vivify Construction v. The winning team is the one that guesses the most phrases. Nautilus Insurance Co. , This ultimately negated coverage.

Insurance 54

Insurance Subcontracting Injury Construction 54

Construction Marketing

AUGUST 30, 2019

A few years back we took a look at the two largest construction lead services serving the commercial construction market: Dodge Data & Analytics and ConstructConnect. ConstructConnect was formed by a merger of CMD Group with iSqFt , BidClerk , and Construction Data. How Construction Lead Services Work.

Comparison 123

Comparison Construction Software Software 123

Levelset

AUGUST 25, 2022

Retainage : It’s been a hot button topic in the construction industry for years. Given the slim profit margins on construction projects, retainage practices can be incredibly frustrating for contractors. ” Those in the construction industry should be familiar with this definition.

Texas 52

Texas Lien Claims Contract 52

ENR Construction

JULY 27, 2018

DOJ contends Sorensen Gross violated subcontracting requirements on a project in Jordan.

Subcontracting 28

Subcontracting Michigan Claims Construction 28

ENR Construction

JULY 27, 2018

DOJ contends Sorensen Gross violated subcontracting requirements on project in Jordan.

Subcontracting 28

Subcontracting Claims Construction 28

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.”. It serves as an additional safety net for businesses in the event of a large claim.

Insurance 98

Insurance Liability Claims Injury 98

NH Construction Law

MARCH 26, 2023

Draws on a construction loan may halt. If an initial court challenge to the lien fails, the general contractor may well be coerced into an unfavorable settlement of the lienor’s claim. Eclipse Construction, Inc. ; HPB Construction, LLC v. v Calamar Construction Management, Inc. The MacMillin Company, LLC.

Lien 40

Lien Subcontracting New Hampshire Bargains 40

Construction Marketing Ideas

MARCH 11, 2016

The Advise & Consult blog pulls together content from 23 experts in 15 states on a diversity of construction law issues. This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute.

Legal 48

Legal Consulting Subcontracting Industrial 48

Constructlaw

DECEMBER 1, 2022

Notably, it was unclear whether Crescent supplied those services under a subcontract agreement with Ameriflow or whether the two entities were somehow affiliated. Such an interpretation would allow Crescent to perform “work for anyone at the wellsite, in as slipshod a manner as it wished, and still claim that RKI owed it indemnity.”

Texas 52

Texas Claims Contract Agreement 52

NH Construction Law

MARCH 24, 2018

Given the importance of nailing down any changes to an original scope of work along with their price and schedule effects, many construction contracts require change orders to be in writing, and even define change orders as written instruments. Turner Construction Co. , Section 7.2.1 Section 7.2.1

Change Orders 40

Change Orders Subcontracting Contract Claims 40

NH Construction Law

DECEMBER 22, 2019

If we look no further than this language, the first of these two methods of establishing third party beneficiary status appears to be a perfect fit in the usual owner-contractor-subcontractor relationship: through his subcontract, the subcontractor (promisor) is rendering a performance that the general contractor (promisee) owes to the owner.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 40

Construction Dive

MAY 28, 2014

By Bruce Jervis Most state mechanic’s lien statutes provide that if a lien claimant willfully exaggerates the amount of its claim, the lien may be declared null and void. The purpose of these statutory provisions is to protect owners against overreaching or fraudulent claims. Claims can be overstated for a variety of reasons.

Lien 51

Lien Claims Subcontracting Legal 51

Levelset

APRIL 28, 2022

Construction is a risky business, with among the highest rates of failure of any industry. If a subcontractor defaults on a project, the general contractor can make a claim with the insurance company to cover costs above their deductible and any loss reserve requirements. million – $750,000). .

Insurance 52

Insurance Contractors Claims ABC 52

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

Construction Dive

DECEMBER 5, 2012

By Bruce Jervis A construction schedule, however stated, is usually detailed and specific. It can also be used to support claims for delay and disruption. ” These clauses are common in subcontracts. A contractor may want flexibility in scheduling subcontracted work.

Schedule 48

Schedule Subcontracting Claims Agreement 48

Construction Dive

OCTOBER 28, 2012

The contract called for the design, management and construction of public schools. The contractor had subcontracted the architectural design to another company. The publisher of a local newspaper requested a copy of the subcontract.

Contract 48

Contract Subcontracting Documentation Minnesota 48

Construction Cost Estimating

NOVEMBER 25, 2014

Construction Forms screenshot Construction Forms for Excel are designed to facilitate contracting and administrative tasks for construction work and projects. The package of over 140 purpose built forms are customizable Excel templates and documents addressing all areas of construction contract work.

Lien 45

Lien Change Orders Construction Estimating 45

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

AUGUST 11, 2016

Unfortunately, many of the subcontractor quotations contain terms and conditions inconsistent with the contractor’s preferred subcontract terms. Featured … Bidder’s Reliance on Subcontractor Quote Not ReasonableDescriptive Narrative Insufficient to Support Claim

Subcontracting 48

Subcontracting Bidding Claims Contractors 48