Construction Law Monitor

NOVEMBER 2, 2011

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.

Contract 56

Contract Change Orders Lien Contractors 56

Construction Lawyer

MAY 21, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. « Liability for green design | Main. Subcontractors Mechanics lien allowed where bank seized generals funds. University of St. Francis , No.

Lien 40

Lien Illinois AIA Chicago 40

Construction Lawyer

APRIL 20, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. « Economic Loss Doctrine bars Nevada claims against Architect | Main. | » April 20, 2009. Idle Equipment not entitled to Lien in Missouri.

Lien 40

Lien Missouri Equipment Illinois 40

Levelset

SEPTEMBER 23, 2022

However, the types of policies and their limits (the maximum amount claims can pay out) are limited. A general liability insurance policy protects the policyholder from claims of property damage or bodily injury caused by the contractor or its employees. This policy may also cover legal fees involved in certain types of lawsuits.

Insurance 52

Insurance Liability Accidents Risk 52

Construction and Infrastructure Law

JUNE 11, 2018

A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. Article 10 of the Convention allows contracting states to permit service by mail; and it allows them to object to service by mail. Construction litigators beware!

Procurement 40

Procurement Contract California Contractors 40

Construction Lawyer

APRIL 3, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Federal Court dismisses subs claim against GC because of arbitration provision. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Lawyer

MARCH 16, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. « illinois supplier denied mechanics lien | Main. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. LEXIS 5034 (2d Cir.

Contract 40

Contract Illinois AIA Chicago 40

Construction Lawyer

MAY 2, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Construction Contracts arbitration provision is separable, based on Rent-A-Center. The contract contained four paragraphs related to arbitration. Section

Contract 40

Contract Illinois Legal Construction 40

Construction Lawyer

APRIL 19, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Idle Equipment not entitled to Lien in Missouri » April 19, 2009. Economic Loss Doctrine bars Nevada claims against Architect. mechanics liens.

Nevada 40

Nevada Claims Illinois AIA 40

Construction Marketing Ideas

FEBRUARY 6, 2015

The Cobb Law Group ‘s blog: Georgia Construction, Bond and Lien Law Blog , has been a finalist in previous Best Construction Blog competitions , and continues to provide a combination of solid legal advice and more general commentary, some of which is more lighthearted than the blog’s necessarily serious primary topic.

Construction 48

Construction Defense Legal Claims 48

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Partnerships Are The Only Ships - Designed to sink. Get Organized - Pick a company name that says something about what you are doing.

Insurance 48

Insurance Construction Accounting Claims 48

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Partnerships Are The Only Ships - Designed to sink. Get Organized - Pick a company name that says something about what you are doing.

Contractors 48

Contractors Insurance Claims Lien 48

Construction Lawyer

MAY 30, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Unlimited liability for designers and contractors. The bridge was designed in 1962 by Sverdrup. Sverdrup no longer exists.

Liability 40

Liability Contractors Design Minnesota 40

Construction Lawyer

OCTOBER 6, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. Jurado , which involved competing lien claims. 

Illinois 40

Illinois Lien Banking AIA 40

Levelset

JUNE 13, 2022

In the State of New York, contractors working on certain residential projects need to have a good understanding of the NY Home Improvement Contracts Act. Here’s what NY residential contractors must include (and what can’t be included) in a New York home improvement contract. These requirements can be found under NY Gen.

New York 52

New York Contract Residential Contractors 52

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Partnerships Are The Only Ships - Designed to sink. Consult with a construction attorney and follow their advice.

Construction 48

Construction Insurance Accounting Claims 48

Construction Lawyer

APRIL 30, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. « Fiduciary Duty by Design Professionals? New York court holds that contractor installing cogeneration system not entitled to a mechanics lien.

New York 40

New York Lien Contractors Illinois 40

Construction Marketing Ideas

MARCH 16, 2016

This cascade of events led to non payments, and both the steel sub and the HVAC sub filed mechanic’s liens against the project. The Court of Appeals agreed saying the symbol was not industry standard, was not included anywhere in the contract documents, and was not referenced in a legend to the drawings. HOW TO MANAGE THE RFI PROCESS.

ProCore 48

ProCore News Drawings Documentation 48

Autodesk Construction Cloud

DECEMBER 18, 2021

In fact, you typically won’t be able to release final retainage without it—effectively putting as much as 10% of your contract at stake. And that 10% loss doesn’t even factor in the costs associated with claims that can come from prolonged payment disputes. Common Project Closeout Problems. Delayed change order resolution.

Change Orders 52

Change Orders Documentation Equipment Risk 52

Construction Lawyer

AUGUST 30, 2007

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. False Claims lands Engineer in jail. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts. 3d 314 (C.A.3

Claims 40

Claims Engineering Illinois AIA 40

Construction Lawyer

MAY 1, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. « New York court holds that contractor installing cogeneration system not entitled to a mechanics lien | Main.

Florida 40

Florida Illinois Claims AIA 40

Construction Lawyer

APRIL 14, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Fiduciary Duty by Design Professionals? ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. » April 15, 2012. 2012 Ill. .  The

Illinois 40

Illinois AIA Chicago Legal 40

Levelset

JULY 9, 2022

When payment problems come up on a public project, contractors can’t just file a mechanics lien as a solution, as both the federal government and state governments prohibit private companies from gaining interest in public property. Georgia bond claim laws. Working nearby? Check out How to Get Paid on Florida Public Projects.

Georgia 52

Georgia Claims Lien Contract 52

Levelset

MAY 16, 2022

For the most part, contractors aren’t able to file mechanics liens on public projects, unlike with private projects. The federal government — along with many states — prohibits private entities from claiming an interest in public property. Florida bond claims. How to file a bond claim in Florida.

Florida 52

Florida Claims Lien Contract 52

Construction Lawyer

FEBRUARY 28, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. illinois supplier denied mechanics lien » February 28, 2012.   In each case, the architect contracted with a developer, and not the association.

Illinois 40

Illinois AIA Chicago Lien 40

Construction Lawyer

MAY 4, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. « Construction Contracts arbitration provision is separable, based on Rent-A-Center | Main. Alltel Commc'ns , 666 F.3d 3d 1027 (7th Cir.

Illinois 40

Illinois AIA Agreement Chicago 40

Construction Lawyer

MARCH 27, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. He claimed that his work was "production only," which was essentially the function of a draftsman.  mechanics liens. " 29 C.F.R.

Architecture 58

Architecture Illinois AIA Chicago 58

Construction Lawyer

JANUARY 30, 2006

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. " The court held that the homeowners did not fit within this definition and the normal ten year contract statute of limitations applied. mechanics liens.

Contract 40

Contract Illinois Construction AIA 40

Construction Law Monitor

FEBRUARY 10, 2011

Athletic Field construction lien case. House Bill 1535 (Providing requirements for business payment contracts). Cary Condotta, (R-Wenatchee) (R) on January 25, 2011, provides for specific requirements for business payment contracts. This act applies to business payment contracts executed on or after July 1, 2012.

Washington 44

Washington Construction Permits Structural Engineering 44

Construction Lawyer

SEPTEMBER 21, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY » September 21, 2012. Unlimited liability for designers and contractors.

Illinois 40

Illinois AIA Chicago Lien 40

Construction Lawyer

MARCH 28, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Federal Court dismisses subs claim against GC because of arbitration provision. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

Louisiana 40

Louisiana Illinois AIA Chicago 40

Construction Lawyer

JULY 27, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. The two telecommunications companies had a contract dispute that was arbitrated before the International Centre for Dispute Resolution. mechanics liens.

Illinois 40

Illinois AIA Chicago Contract 40

Green Building Law Update

JULY 19, 2015

In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. A counterclaim was filed by Shaw Development alleging breach of contract and negligence. ” But the only relevant contract provision provided, “D. .” The Work consists of the following: 2.

Green 120

Green Maryland Lien Certification 120

Green Building Law Update

JULY 19, 2015

In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. A counterclaim was filed by Shaw Development alleging breach of contract and negligence. ” But the only relevant contract provision provided, “D. The Work consists of the following: 2.

Green 120

Green Maryland Lien Certification 120

Levelset

MAY 18, 2022

Generally, contractors on public projects aren’t able to file mechanics liens. The federal government — along with many states — prohibits private entities from claiming an interest in public property, making it necessary for public construction projects to secure a payment bond prior to work beginning. Louisiana bond claim law.

Louisiana 52

Louisiana Claims Contractors Legal 52

Construction Lawyer

APRIL 17, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Economic Loss Doctrine bars Nevada claims against Architect » April 17, 2009. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

Illinois 40

Illinois AIA Chicago Insurance 40

Construction Lawyer

DECEMBER 28, 2007

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Arbitrators award attorneys fees, contract notwithstanding » December 28, 2007. That contract contained a broad form arbitration provision.

Agreement 40

Agreement Illinois AIA Chicago 40