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

Best Practices Construction Law

NOVEMBER 21, 2019

The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. So, what should your contracts provide? (Again, it should be noted that some states limit the enforceability of these clauses by either statute or case law. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

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.

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Green Contract Documentation Claims 120

Best Practices Construction Law

NOVEMBER 26, 2019

In the world of construction claims, according to one court, these same rules apply—it is premature to award damages before the claim has been considered and either approved or rejected. The contractor paid the contract balance to the subcontractor, but the subcontractor filed a motion to confirm the award on the change order work.

Change Orders 62

Change Orders Claims Contract Contractors 62

Best Practices Construction Law

JULY 31, 2015

I’ve tried both and prefer a third: Contracts, which do not entertain, do not convey information or ideas, and do not try to persuade. ” In the world of commercial real estate and construction contracts, Siviglia hit the nail on the head. Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J.

Contract 48

Contract Drafting Claims Agreement 48

Best Practices Construction Law

AUGUST 10, 2017

In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. Or when parties use the word “may” in their contract, performance is permissive or optional given the plain meaning of the word. And you don’t always mean what you say. For example, in TM Delmarva Power v.

Contract 79

Contract Agreement Virginia Construction 79

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

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Construction Lawyer

SEPTEMBER 3, 2014

The architect prepared a letter agreement that stated: "Any termination of this Agreement shall be per AIA Standard Contract language which is either party may terminate this agreement at any time with 7 day written notice.". Some time later, the architect drafted an AIA contract which the owner marked up with various changes.

Agreement 45

Agreement Claims AIA Contract 45

Constructlaw

NOVEMBER 9, 2022

Subcontractor Spirtas Worldwide LLC filed a Miller Act claim against contractor SGLC Consulting LLC to recover the cost of materials provided and labor performed on a project for the U.S. The court then noted that whether the TPA was valid centered around whether SGLC’s signature was necessary to officially form a contract.

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

Subcontractor Spirtas Worldwide LLC filed a Miller Act claim against contractor SGLC Consulting LLC to recover the cost of materials provided and labor performed on a project for the U.S. The court then noted that whether the TPA was valid centered around whether SGLC’s signature was necessary to officially form a contract.

Agreement 52

Agreement Illinois Contract Bidding 52

Federal Construction Contracting Blog

APRIL 26, 2022

In the world of federal government contract disputes, a great deal of time is frequently spent drafting a request for equitable adjustment (REA) or a claim under the Contract Disputes Act. It is important in all of this for contractors to refrain from “falling in love” with their claims.

Claims 52

Claims Risk Contractors Contract 52

Construction Specifier

JUNE 19, 2020

In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., Such an assumption may be fraught with risk that may not be revealed until a problem arises during construction, such as submittal of a claim.

Documentation 52

Documentation Drafting Contract Claims 52

Green Building Law Update

DECEMBER 3, 2017

A properly drafted green building lease may contain a provision substantially like, Landlord shall provide to Tenant reports for the amount of electricity, natural gas and fuel oil (where applicable) consumed at the building broken down by utility type, energy unit usage (e.g., A claim pending against a major U.S.

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Green Risk Claims Drafting 120

Construction Lawyer

FEBRUARY 5, 2014

Frequently, the parties do not consult with a construction attorney when drafting contracts. The “plain and simple” document drafted by the architect is not clear. Clarity is required and is often not present because the architect is not trained to draft contracts. All because the contract is not clear.

Contract 40

Contract Agreement Drafting Documentation 40

Construction Law Monitor

SEPTEMBER 10, 2015

If you’re about to sign a construction contract, you need to be aware of some important clauses that may and/or should be incorporate into your contract. Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. We understand that contracting is never easy. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

Construction Law Monitor

SEPTEMBER 10, 2015

If you’re about to sign a construction contract, you need to be aware of some important clauses that may and/or should be incorporate into your contract. Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. We understand that contracting is never easy. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

Construction Lawyer

JANUARY 19, 2015

The contract between the parties contained these dispute resolution provisions: § 6.2.1 Any claim arising out of or related to this Subcontract. The contract made no mention of attorneys fees, but it did incorporate the Construction Industry Arbitration Rules of the American Arbitration Association.

Contract 40

Contract Subcontracting Claims Drafting 40

Construction Law Monitor

OCTOBER 26, 2010

Many experts believe that the AIA standard form contracts are drafted to protect the Architect. The contract documents should be drafted to protect this individual. The contract documents should be drafted to protect this individual. Contracts need to be tailored to fit the type of project perfectly.

AIA 61

AIA Contract Documentation Drafting 61

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. What exactly will be covered?

Liability 90

Liability Agreement Drafting Insurance 90

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. What exactly will be covered?

Liability 52

Liability Agreement Drafting Insurance 52

Best Practices Construction Law

JUNE 4, 2019

Remember that case where a court found that a string of text messages can form a binding contract ? While the case is certainly interesting and the holding appears to be novel, it appears consistent with traditional contract law principles. Lehman then sent the defendant the draft of a written settlement agreement.

Agreement 61

Agreement Contract Drafting Claims 61

Levelset

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation. Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 52

Green Building Law Update

AUGUST 8, 2015

But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.

Liability 120

Liability Maryland Green Agreement 120

Constructlaw

SEPTEMBER 29, 2020

New Jersey Building Laborers Statewide Benefits Funds , [1] the Third Circuit held that the courts must decide questions of arbitrability in cases where a party challenges the validity of the underlying contract that contains the arbitration agreement — even when the putative arbitration agreement refers these questions to the arbitrators.

Agreement 52

Agreement Bargains New Jersey Contract 52

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

NH Construction Law

FEBRUARY 26, 2022

And this raises an interesting question: how to handle contractor claims for time extensions or delay damages when, through no fault of the contractor, a non-critical path activity is delayed such that all of its float is destroyed. Once a non-critical activity’s float is gone, bingo – it has just become a critical path item!

Schedule 40

Schedule Liability Contractors Contract 40

Construction Marketing Ideas

MARCH 12, 2016

Avoid owners who insist on oppressive contract terms, have a history of problem jobs, and/or just don’t seem to know what they’re doing. Sometimes the best contracts are the ones you don’t sign. Construction attorneys do more than resolve claims. One bad project can spoil the gains from ten successful ones.

North Carolina 48

North Carolina News Lien Construction 48

Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. For example, did you know that your email communications can be used to establish an enforceable contract, change order, or settlement? Image: Sean MacEntee.

Tennessee 48

Tennessee Change Orders Contractors iPad 48

Construction and Infrastructure Law

MAY 16, 2018

Instead, the parties’ disagreement concerned United Riggers’ demand for additional monies it claimed it was owed for the increased expenses it incurred as a result of Coast’s mismanagement of the project. Contract Code § 10262.5(a)). By way of background, the critical facts in United Riggers were not in dispute. [1] & Prof.

Claims 40

Claims Contractors Banking Construction 40

Green Building Law Update

JUNE 14, 2020

creating a re-occupancy assessment and requirements for an operations plan and the drafting of a management and operations plan. It is a social science study that requires keeping a daily journal of plan implementation including answering questions like, “Are you in control of your life?”.

Green 156

Green Risk Plans Safety 156

Construction Law Monitor

APRIL 5, 2012

Attention all home owners or property owners, there is only one surefire way to have that annoying illegal lien (in Louisiana called a statement of claim and privilege ) removed from the title of your property, a Mandamus action. I recently posted a Petition for Mandamus recently drafted and filed by Wolfe Law Group on JDSupra.com.

Lien 58

Lien Louisiana Claims Construction 58

Construction Law Monitor

MAY 30, 2012

This means that, unlike the slow judicial process, the rules by which each arbitration play by can be changed and altered based on the contracts between the parties and document that they incorporate. The key to getting this set of rules to apply is by having a good unambiguous arbitration clause in your construction contract.

Louisiana 59

Louisiana Contract Legal Drafting 59

Best Practices Construction Law

MARCH 14, 2016

The attorney for the Williams drafted a short letter agreement and sent it to opposing counsel. Whether you are talking about a change order, outstanding payment application, or claim for delay damages, your agreement on a dispute may be binding depending on the circumstances. Williams, No.

Agreement 48

Agreement Change Orders Drafting Tennessee 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.

Change Orders 52

Change Orders Documentation Equipment Risk 52

Construction Test

MAY 19, 2020

However, the number of cancelled trips means customers are waiting much longer as airlines struggle to deal with a colossal backlog of claims. The tycoon, whose family is EasyJet’s largest shareholder, is calling on the company to cancel a £4.5billion contract for 107 new Airbus planes. Lufthansa Group. billion plus. AF-KLM Group .

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Travel Claims Deals Airports 26