Construction Law

JUNE 5, 2023

The legally binding Developer Remediation Contract (DRC) has been offered to developers to sign by the government, committing them to reimburse money spent from public funds to make some of their buildings safe. Developers have to pay to remediate buildings whether or not they will be able to recover costs from others.

Contract 52

Contract Safety Liability Insurance 52

Best Practices Construction Law

MAY 7, 2014

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim?

Claims 69

Claims Negotiation Bargains Visualization 69

Job Order Contracting

FEBRUARY 20, 2018

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. The JOC will remain in effect for one year from date of contract award.

Contract 100

Contract Organization Change Orders Overhead 100

Job Order Contracting

OCTOBER 18, 2016

JOB ORDER CONTRACTING (JOC) Operations Manual. Completed Individual Job Orders (IJO), Task Order (TO), or Job Orders (JO) are submitted to the a designated office/person in accordance with regulations and standard procedures. The distribution of functions associated with contract operations, including issuance of task.

Contract 100

Contract Procurement Negotiation Project Management 100

Constructlaw

JULY 12, 2022

Under the Agreement, 360 was to apply to rezone the Site, to collaborate with DonRob on site and joint development plans, and to design and construct an access road, including the associated drainage and retainage, utilities, access points, and sidewalks. DonRob counterclaimed for breach of contract. Old Peachtree Partners, LLC.

Contract 52

Contract Liability Agreement Georgia 52

Best Practices Construction Law

SEPTEMBER 5, 2018

Many times, the parties’ contract will dictate whether the contractor can recover delay damages or will be limited to a time extension for delays beyond the contractor’s reasonable control. The general contractor in McLeod filed a malpractice action against the architect on a public contract for the City of Miami. In Perez-Gurri v.

Claims 54

Claims Miami Contract Liability 54

Best Practices Construction Law

JANUARY 25, 2018

This includes construction claims and clarifies when the limitations period begins to run. In its simplest terms, a statute of limitation is a time limit for bringing a lawsuit ( i.e. , you may have six years to file suit on a breach of contract dispute), and a regularly disputed issue is determining when the time period begins to run. (

Florida 59

Florida Claims Construction Contract 59

Green Building Law Update

NOVEMBER 5, 2017

The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

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. General liability insurance.

Liability 52

Liability Insurance Claims Legal 52

Best Practices Construction Law

JUNE 28, 2022

In the world of construction contracting, both can get in you in trouble, including a termination for default of performance. 59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in New Hampshire. Following award of the contract to the successful bidder, immediate concerns arose regarding the design.

Contract 62

Contract New Hampshire Contractors Office 62

Construction Dive

MAY 25, 2017

Claims do not magically appear during construction. The seeds of many disputes and many claims are planted prior to contract execution – as defective or incomplete design, a design that is not conforming to owner’s needs -- all are in the documents that go out to bid. Read more.

Bidding 48

Bidding Design Claims Documentation 48

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Economic losses flowing from fraud related to such a contract are not recoverable.

Colorado 52

Colorado Tennessee Claims Contract 52

Constructlaw

NOVEMBER 22, 2022

the designer), the Kadney Company (the general contractor), Vergnet (the turbine supplier), and two different site engineers: Prudent Engineering, and Ravi Engineering and Land Surveying (the engineers). The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment.

New York 52

New York Risk Claims Liability 52

Levelset

JUNE 16, 2022

A large amount of that funding is going to go directly to individual states, and with the state adopting new laws in 2021 that reconfigure the bidding process — along with adding the “design-build” option to the public construction process — there are plenty of opportunities for contractors across New Jersey. Preliminary notice requirements.

New Jersey 52

New Jersey Lien Claims Contract 52

Construction Enquirer

JUNE 27, 2023

An update on the administration filed at Companies House said the firm was sunk by a combination of rising materials costs, project delays and defect liability claims. Howard Russell worked across the UK as a design and build contractor for a wide range of sectors. with 31 staff working at the company.

Debt 72

Debt Negotiation Liability Forecasting 72

Best Practices Construction Law

MAY 29, 2013

Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties'' agreement. The contract between PKC and the Owner provided that disputes were to be presented to a three-member DRB, which would issue findings and nonbinding recommendations to the project director.

Claims 48

Claims Contract Agreement Massachusetts 48

Best Practices Construction Law

MAY 24, 2013

Not that I treat every marital conversation like a construction claim, but I do find myself grilling my wife about these increased costs and whether they are justified. Contractors should be concerned about the same level of grilling (or review) when submitting a claim. Image: Beverly Cromer.

Claims 72

Claims Materials Compensation Estimating 72

Construction Dive

JULY 23, 2015

Laborers, living paycheck to paycheck, are granted priority claims to the contract proceeds. Mechanic’s liens, while primarily utilized today by corporate constructors, were originally designed to provide payment security to individual tradesmen.

Claims 48

Claims Lien Union Security 48

Best Practices Construction Law

MAY 12, 2014

I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors. For example, in Tennessee, claims regarding improvements to real property must be brought within four years of substantial completion of the project, regardless of the date of discovery.

Claims 54

Claims Connecticut Legal Construction 54

Green Building Law Update

NOVEMBER 15, 2020

And these questions are not unfounded because as of November 1, 2020, legal industry databases of state and federal litigation are tracking more than 6,100 cases involving Covid-19 claims. courts have never addressed a pandemic like SARS-CoV-2 (the current designation for what had been the Novel Coronavirus 2019).

Liability 293

Liability Legal Claims Insurance 293

Best Practices Construction Law

JUNE 14, 2022

While many states prohibit prospective lien waivers—that is, an advanced waiver of lien rights usually included in a construction contract before the work is performed or the lien right arises—the General Assembly in North Carolina recently passed a new law that has some additional protections.

North Carolina 62

North Carolina Lien Agreement Claims 62

Construction Dive

SEPTEMBER 13, 2018

The ministry needs a new contractor after claiming costs jumped substantially amid several delays, factors Graham Construction said are due to the client's requests to change design and scope over the years.

CA 55

CA Contract Claims Contractors 55

Job Order Contracting

AUGUST 31, 2021

Traditional contracting methods typically involve the non-owner participants tendering a lump-sum price based on the owner’s proposed allocation of responsibilities and risks. Scoping and design of conventionally procured projects is generally completed, or well progressed, before the owner calls for proposals from constructors.

Construction 124

Construction Procurement Liability Contract 124

Construction Dive

NOVEMBER 18, 2012

” That was a key piece of advice -- “a basic rule for contract administration” -- an expert in construction claims avoidance and resolution gave last week during a WPL Publishing webinar. “Don’t wait to give time extensions; give them when they’re due.” Read more.

Claims 48

Claims Consulting Contract Foundation 48

Construction Law

DECEMBER 2, 2022

The next thing you might be contacting your lawyer about could be your potentially over-inflated sustainability claims. Virtue signalling by ‘greenwashing’ could end up being more expensive than taking the measures you have wrongly claimed to. Those projects failing to meet these criteria may struggle to access financing.

Claims 52

Claims Risk Infrastructure Finance 52

Construction Lawyer

SEPTEMBER 3, 2014

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. The architect was hired to design a restaurant for the owner. Some time later, the architect drafted an AIA contract which the owner marked up with various changes. contracts copyright litigation'

Agreement 45

Agreement Claims AIA Contract 45

Construction Dive

APRIL 9, 2014

By Bruce Jervis Architectural and engineering service agreements commonly call for the design professional to deliver design documents that comply with all applicable building codes. ” At the insistence of code enforcement, the public project owner was forced to make a change in the construction contract. .”

Design 52

Design Change Orders Agreement Claims 52

Best Practices Construction Law

NOVEMBER 19, 2019

In the world of construction contracting, both can get in you in trouble, including a termination for default of performance. 59622 (2017) involved a construction contract to upgrade an HVAC system at a facility in New Hampshire. Following award of the contract to the successful bidder, immediate concerns arose regarding the design.

Contract 67

Contract New Hampshire Contractors Claims 67

Federal Construction Contracting Blog

SEPTEMBER 15, 2021

The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Odyssey International, Inc. Army Corps of Engineers (the government) contracted for the construction of a building at an Army depot in Pennsylvania. As a result, Odyssey’s design, which the government approved, proposed using 80 micropiles instead of 60.

Claims 52

Claims Contract Foundation Bidding 52

Green Building Law Update

NOVEMBER 27, 2016

But, the claims that have resulted in much of the recent litigation involving green building projects are different from those in other construction disputes. The Haywood Community College’s Creative Arts Building ‘s very sustainable design was featured in a 2013 issue of Solar which described the project as pursing LEED Platinum.

Green 120

Green Claims Certification North Carolina 120

Construction Dive

JULY 23, 2014

By Bruce Jervis It has long been controversial: Should design professionals be directly liable to construction contractors for deficiencies in the drawings and specifications? On one hand, contractors necessarily rely on the design documents when bidding and performing the work. There are arguments on each side. ” Read more.

Drawings 55

Drawings Contractors Design Liability 55

Construction Superintendent Magazine

NOVEMBER 17, 2015

The American Institute of Architects launched new contract documents. These include a new owner/consultant agreement, as well as six new administrative forms for use on design-build projects.

Documentation 40

Documentation Contract AIA Agreement 40

Building Information Management

DECEMBER 23, 2015

There are multiple aspects involved in setting up a JOB ORDER CONTRACT. Remember, whether you decide, as a real property Owner, to set up and manage your own JOC program internally, or outsource you4 JOC to a thirty-party, it is critical to fully understand the JOB ORDER CONTRACT process, workflows, and metrics, as well as expected outcomes.

Contract 40

Contract Certification Documentation Bidding 40

Construction Marketing Ideas

FEBRUARY 22, 2015

Craig Martin’s Construction Contract Advisor won the 2014 competition. Craig Martin’s Construction Contract Advisor blog won the 2014 Best Construction Blog competition , and its quality continues to make it a contender in 2015. Contracts and owners are not all alike. Some are fairer than others.

Contract 48

Contract Construction Claims Legal 48

Construction Dive

OCTOBER 28, 2012

By Bruce Jervis When a private company -- designer, constructor or manager -- contracts with a government entity, should that company’s dealings with other private companies be a matter of public record? The contract called for the design, management and construction of public schools.

Contract 48

Contract Subcontracting Documentation Minnesota 48

Job Order Contracting

JANUARY 10, 2021

Furthermore, of this 5%, most of the applications have not leveraged, or even been designed to leverage the full valued of Lean. Relationship contracting- optimising project outcomes. Contract or co-operation? Design-Build Contracting Claims: Cumulative Supplement. Design and Construction: Building in Value.

Construction 164

Construction Procurement Contract Management 164

Construction Specifier

JUNE 19, 2020

A great example of the latter is when architects and engineers preparing construction documents are allowed to employ their own standard specifications for a project, but need to use the owner’s own, possibly unique documents for Division 00–Procurement and Contracting Requirements. Increased potential for changes, claims, and disputes.

Documentation 52

Documentation Drafting Contract Claims 52