Job Order Contracting

FEBRUARY 22, 2018

That said Job Order Contracts require owner direct management and leadership. They also had motivation, since adverse decisions could make it hard for them to get other California public works contracts. The district’s legal costs in the cases exceed $1 million, although officials hope to get most of it back.

Contract 100

Contract Los Angeles Management Legal 100

Levelset

MAY 18, 2022

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. In the event of payment problems, contractors file claims against the bond rather than the property itself.

Louisiana 52

Louisiana Claims Contractors Legal 52

Levelset

JUNE 3, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as both the federal and state governments explicitly prohibit private entities from claiming an interest in public property. Washington State bond claim laws. If payment isn’t received, the next step is the bond claim itself.

Washington 52

Washington Claims Lien Contract 52

Levelset

MAY 11, 2022

New York State has announced a major project in the state’s buildup of its infrastructure, with billions in contracts available for contractors in state-wide projects — an early return on the US government’s renewed interest in infrastructure spending. New York bond claims. times the amount owed. Matt Viator. View profile.

New York 52

New York Claims New York City Lien 52

Levelset

MAY 16, 2022

The federal government — along with many states — prohibits private entities from claiming an interest in public property. If there’s a problem with slow payment or nonpayment, contractors file payment claims against the bond rather than foreclosing on public property. Florida bond claims. How to file a bond claim in Florida.

Florida 52

Florida Claims Lien Contract 52

Best Practices Construction Law

MARCH 20, 2020

You can download a complimentary copy here: Best Practices – COVID19 and Construction Claims , but please do me a favor and subscribe to the blog on the sidebar to the right. Just enter your email, and you will receive regular updates.

Contractors 124

Contractors Claims Legal Mobility 124

Job Order Contracting

OCTOBER 25, 2017

Work execution and contract administration. It’s generally considered that numerous and repetitive renovation, repair, maintenance, and/or sustainability work, and minor new construction with a minimum annual volume of $2M is appropriate for job order contracting. Development of acquisition/procurement approach. Monitoring.

Contract 100

Contract Contractors Conference Plans 100

Levelset

MAY 25, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as the federal government (and most states) explicitly prohibits private entities from claiming an interest in public property. If payment problems come up, contractors file claims against this payment bond — not the property itself.

California 52

California Claims Lien Contractors 52

Levelset

JULY 9, 2022

In the event of a payment dispute, contractors file claims against the payment bond instead of against the property itself. Georgia bond claim laws. Georgia’s Little Miller Act covers all projects valued at $100,000 or more, although a bond may be required for contracts that are less than $100,000 at the public entity’s discretion.

Georgia 52

Georgia Claims Lien Contract 52

Best Practices Construction Law

FEBRUARY 8, 2017

In Lockheed , the Army awarded two separate indefinite-delivery, indefinite-quantity, time-and-materials (“T&M”) contracts to Lockheed for various support services. Both contracts expressly incorporated FAR provisions, including 52.232-7 addressing T&M and labor-hour contracts. What did the FAR say?

Contract 48

Contract Claims Subcontracting Legal 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

Levelset

JULY 7, 2022

In the event of a payment dispute, contractors file claims against the payment bond instead of against the property itself. Oregon bond claim laws. The main type of payment protection on Oregon public projects is the bond claim. The scope of who is able to file a claim is fairly wide, too.

Oregon 52

Oregon Claims Contract Contractors 52

Job Order Contracting

OCTOBER 18, 2016

JOB ORDER CONTRACTING (JOC) Operations Manual. The work management office also completes a desk estimate of the project cost to help determine the best method for executing the work request (in-house shops, competitively bid individual contracts or JOC). Contract Administration Functions. Contract Inspection Functions.

Contract 100

Contract Procurement Negotiation Project Management 100

Best Practices Construction Law

SEPTEMBER 25, 2020

And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. for breach of contract for nonpayment, claims for delay damages and enforcement of its lien rights. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

Best Practices Construction Law

MARCH 17, 2021

And there are times when parties to a construction contract face a goocher. Khan Comfort, LLC , the Supreme Court of South Dakota held that a missing time element in a construction contract did not invalidate the contract. In other words, the court found that a contract existed—i.e., Here’s what I mean… In J.

Contract 62

Contract South Dakota Documentation Construction 62

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

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

Levelset

MAY 16, 2022

This Act has a fair amount of rules and requirements that must be followed on home improvement projects, specifically when it comes to the terms of their contracts. There are a few provisions that every construction contract should have. PA home improvement contracts: What’s required? Contract price.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Green Building Law Update

JUNE 30, 2019

The complaint avers multiple causes of action from breach of contract to fraudulent misrepresentation and negligent misrepresentation to violation of the Maryland Consumer Protection Act. However, maybe tellingly, no contracts are attached to the complaint? The case is Jeremy Simons et ux, et al v.

Maryland 120

Maryland Housing Claims Green 120

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

Lien 71

Lien Claims Massachusetts Contract 71

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

Fieldwire

AUGUST 14, 2023

It’s fairly common, especially on commercial and public construction projects, and typically ranges from 5 - 10% of the total contract price. So on a $100,000 contract with 10% retainage, the contractor doesn’t have to fork over ten grand at the beginning. Or it could mean that a different rate applies to labor and materials.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Best Practices Construction Law

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The Contract.

Claims 118

Claims Compensation Contract Contractors 118

Construction Marketing Ideas

MARCH 11, 2016

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. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

NH Construction Law

NOVEMBER 25, 2022

It is common in construction litigation for contractors suing owners to assert a right to recover damages for more than just a breach of contract. Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” 2018 WL 3237974 (N.H.

Equity 40

Equity Legal Contract New Hampshire 40

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” Like every legal question, the answer is: It depends! In Schindler v.

Claims 82

Claims Contract Legal New York 82

Construction Law

OCTOBER 3, 2023

Legal terms explained Our latest Legal Terms Explained series article from Georgia Di Salle of Herbert Smith Freehills LLP looks at Expert Evidence. Appeal court decision shows risks of bespoke contract terms Cheryl Ferguson of Dentons UK and Middle East LLP provides a round up of recent decisions relating to adjudication.

Procurement 52

Procurement Construction Insurance Legal 52

Levelset

SEPTEMBER 16, 2022

Who pays for damages caused by faulty work or materials? It pays for repairs of damages to the surrounding property, as well as legal expenses incurred during a lawsuit. The coverage kicks in when: The contract has been completed All of the work has been completed The work has been put to its intended use. Deck collapse.

Insurance 52

Insurance Liability Claims Contractors 52

Best Practices Construction Law

MARCH 20, 2018

Dickinson Elks Building, LLC , the court held a contractor was not entitled to recover for labor and materials during a time period when the contractor was unlicensed. There, the out-of-state contractor entered into the construction contract on December 26, 2011, but did not get its contractor’s license until February 5, 2012.

North Dakota 75

North Dakota Contractors Lien Claims 75

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. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

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. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Levelset

JUNE 3, 2022

It protects contractors and construction managers from unexpected increased costs in the performance of a construction contract. When a loss occurs that will exceed the deductible and copay, the contractor submits a notice of claim to the insurance company. The insurer starts a claim on their end and assigns a claim professional.

Insurance 52

Insurance Cash Flow Claims Contractors 52

Levelset

FEBRUARY 18, 2022

They are determined by the current rates in force at the time the project goes out for bid and are usually included in the bid and contract documents. Options like materials financing and mobilization financing can help contractors delay some of the early project costs, giving them more ready cash to pay their workers. Learn More.

Minnesota 52

Minnesota Contractors Cash Flow Finance 52

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Numerous individual claims.

Construction 52

Construction Claims Contractors US 52

Levelset

MARCH 30, 2022

” Owners of a homestead are exempt from certain legal rules that other properties are subject to. In addition to meeting the requirements of a standard residential project, the GC must meet very specific contract requirements in order to secure lien rights. Prime contract requirements. List of subcontractors and suppliers.

Lien 52

Lien Texas Residential Claims 52

NH Construction Law

FEBRUARY 25, 2023

The idea is that the loan disbursements should pay only for properly completed work (or suitably stored materials on site), and the inspector better able than the homeowner/borrower to gauge this. Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle. Don’t count on it.

Banking 40

Banking Inspections Construction Lien 40

Levelset

FEBRUARY 15, 2022

The contracting authority provides bidders with the prevailing wage rates within the bid and contract documents. One solution is material financing. Material financing allows contractors to use another company’s money to purchase building materials, with repayment terms that stretch up to 120 days. Learn More.

Pennsylvania 52

Pennsylvania Contractors Cash Flow Contract 52