Best Practices Construction Law

NOVEMBER 4, 2015

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. At this point, determine if contract procedure was followed.

Claims 48

Claims Change Orders Legal Schedule 48

Levelset

MARCH 31, 2022

In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. In general, there are four parties involved in a restoration project: Property owner Insurance company Claims adjuster Contractor. Avoid insurance negotiations.

Insurance 93

Insurance Deals Contractors Claims 93

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

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

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

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

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. How much does a project have to cost to require a contract?

Contractors 98

Contractors Contract Legal Change Orders 98

NH Construction Law

FEBRUARY 25, 2023

Owner/borrowers like it as well; preventing the contractor from getting ahead of them in payments incentivizes proper contract performance, and a set of professional eyes to determine whether the contractor’s draw requests are justified is a welcome feature. Nor does a negligence claim against the inspector appear promising.

Banking 40

Banking Inspections Construction Lien 40

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

Best Practices Construction Law

MAY 9, 2016

Since the contract expressly provided that the town could terminate the contract without cause and without prejudice to any of its other rights or remedies, the court held that the town’s termination of the contractor for convenience did not preclude recovery of liquidated damages. Document your claims. Southington , 316 Conn.

Contractors 48

Contractors Connecticut Claims Contract 48

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Construction Law

JUNE 9, 2020

Legitimate disruption and delay costs should be secured by contract but careful records will have to be kept of all of this, itself another expense, as clients will not be paying out on claims without solid proof.

Contract 52

Contract Site Claims Contractors 52

Best Practices Construction Law

SEPTEMBER 4, 2014

My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. This is often the starting point for reviewing a claim and the key to a successful analysis of issues. If not, why not?

Compensation 54

Compensation Claims Change Orders Legal 54

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. ” 286 A.3d 3d at 1200. ” 286 A.3d 3d at 1201.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Levelset

SEPTEMBER 6, 2022

There are several related terms that are commonly confused in insurance policies and construction contracts. The policyholder will also have certain duties to perform if an insurance claim is incurred and reported. AI endorsements are often required as part of the construction contract.

Insurance 52

Insurance Liability Construction Contract 52

Best Practices Construction Law

NOVEMBER 6, 2019

When the subcontractor was delayed, it submitted claim for $42,00 for the 21 days of delay damages. This payment represents payment in full of your current [ contract ] amount … ” The following week, the contractor sent the subcontractor the retainage check, even though the subcontractor had not signed the waiver of lien.

Vermont 54

Vermont Lien Claims Negotiation 54

Best Practices Construction Law

MAY 22, 2018

In construction contracts, “active interference” is a recognized exception to the enforcement of what is known as a “no damages for delay” clause. The contract contained a “no damages for delay” clause specifically making reference to delays caused by substructure contractor. Lesson Learned.

Claims 48

Claims Contract Railroad Missouri 48

Help Everybody Everyday

MARCH 6, 2009

As a Principal, Business Developer, or someone who is responsible for bringing in business for your construction firm, you are very likely to come across contracts. Contracts are an agreement signed by your firm and a client that sets the rules for the work to be done. Final payment as a waiver of all claims.

Contract 48

Contract Claims Legal Lien 48

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. This often includes entities and persons related to the contracting parties, not just the parties themselves.

Liability 90

Liability Agreement Drafting Insurance 90

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. 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. A Legally Inclined Weblog. >.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. This often includes entities and persons related to the contracting parties, not just the parties themselves.

Liability 52

Liability Agreement Drafting Insurance 52

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. Mealey’s: What, if any, events had an impact on the global economy that have led to increased filings?

Claims 40

Claims Insurance Bankruptcy Legal 40

Construction Marketing Ideas

FEBRUARY 13, 2016

He then outlines some specific areas of relevance: Some are focussed on Georgia legal rules, but as he notes in his posting, the concepts can be adapted anywhere. Fix Your Customer Contracts! Many specialty trade contractors have never used an attorney to prepare their construction contracts; or, if they did, it was a long time ago.

Georgia 48

Georgia Lien Contract Construction 48

Building Information Management

APRIL 10, 2015

Job Order Contracting is an integrated, collaborative construction project delivery method with a 20 year+ track record. A Job Order Contracting (JOC) system is based on a competitively bid indefinite delivery-indefinite quantity (IDIQ) contract between a facility owner and a construction contractor. The History of JOC.

Contract 40

Contract Renovating Bidding Construction 40

Constructlaw

JUNE 30, 2021

However, since these are not only intracompany concerns, it is critical to keep these issues in mind for current projects and when negotiating future contracts. As for future contracts, remember to consider COVID-19-related issues and concerns when allocating risk.

Site 52

Site Pennsylvania Employment California 52

Construction Lawyer

MAY 2, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. 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. A Legally Inclined Weblog. >. Mortenson won the issue.

Contract 40

Contract Illinois Legal Construction 40

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. Contracts - We recommend seeking the advice of a qualified construction attorney to put together a contract that fits your specific needs.

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. Contracts - We recommend seeking the advice of a qualified construction attorney to put together a contract that fits your specific needs.

Contractors 48

Contractors Insurance Claims Lien 48

Constructlaw

NOVEMBER 24, 2020

During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. Although the parties have tried to resolve their disputes through negotiation and even mediation, they have not been able to reach an acceptable settlement.

Construction 40

Construction Contract Modeling Cash Flow 40

Best Practices Construction Law

APRIL 12, 2016

843 (2014), the Connecticut Supreme Court held that a Contractor’s claims against a Town for delay damages could not overcome the “no damages for delay” clause because the Town’s conduct did not constitute “active interference” within the meaning of the contract. Town of Bethel , 312 Conn. work would be delayed.

Connecticut 48

Connecticut Compensation Electrical Contractors 48

Construction Law Monitor

APRIL 15, 2015

Due to this misinformation, many contractors either avoid projects requiring bonds, thus missing great work opportunities; or sometimes even operate without them, which jeopardizes their legal standing and puts their whole company at risk. The bond price is usually somewhere between 1% and 3% of the contract sum.

Insurance 40

Insurance Bankruptcy Contract Claims 40

Revit OpEd

DECEMBER 22, 2017

Repeal of certain miscellaneous itemized deductions subject to the 2% floor: Under current law, employees may claim itemized deductions for certain miscellaneous expenses. Thus, under the provision, employees may not claim the above-listed items as itemized deductions for taxable years 2018 through 2025. Work-related education.

Employment 85

Employment Compensation Agreement Income 85

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. Contracts - We recommend seeking the advice of a qualified construction attorney to put together a contract that fits your specific needs.

Construction 48

Construction Insurance Accounting Claims 48

Construction Test

MAY 7, 2020

The majority of the squad are yet to agree terms and have also rejected furlough proposals after seeking legal and financial advice. Purvis advised: ‘The more of you who don’t agree, the stronger negotiating position you should find yourself in.’ .

Employment 26

Employment Negotiation Agreement Legal 26