NH Construction Law

AUGUST 21, 2022

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability.

Liability 40

Liability Contract AIA Contractors 40

Levelset

SEPTEMBER 19, 2022

Third-party insurance , also known as liability or casualty insurance, protects insured individuals or businesses in situations where they may be liable for damages to another person or business — the third party. The roofer’s general liability insurance covers claims related to injuries related to the customer’s fall.

Insurance 52

Insurance Liability Compensation Claims 52

Levelset

SEPTEMBER 14, 2022

Let’s take a look a subcontractor insurance: when it’s needed, what happens if a sub goes uninsured, and what policies subs can use to protect their businesses from risk. Subcontractor business liability insurance should be retained since a catastrophic claim could bankrupt most all painting contractors.

Insurance 98

Insurance Liability Claims Injury 98

Construction Marketing

JULY 11, 2022

If you learn that you need to purchase a surety bond to work as a contractor or to enter into a contract to perform work on a project, here is some information you should know about surety bonds and how they work for contractors. The second category of bonds you will likely encounter as a contractor is contract bonds. Bond Types.

Contractors 156

Contractors Legal Bidding Contract 156

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. Issues that will arise will concern limitation, liability caps, insurance and insolvent parties.

Contract 52

Contract Safety Liability Insurance 52

NH Construction Law

NOVEMBER 30, 2020

in the United States District Court for any district in which the contract was to be performed and executed.” Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. What if the parties’ contract calls for arbitration?

Claims 40

Claims Subcontracting United States Contract 40

Levelset

SEPTEMBER 23, 2022

General contractors know these risks when they take the role. If a sub accidentally drops a steel beam on the project manager’s new sports car, that subcontractor’s liability insurance policy would likely cover the damage. However, the types of policies and their limits (the maximum amount claims can pay out) are limited.

Insurance 52

Insurance Liability Accidents Risk 52

Construction Dive

JANUARY 2, 2014

By Bruce Jervis A primary purpose of a limited liability company, much like a corporation, is to shield company owners from personal liability for business losses. When the company enters into a contract, the company’s assets are at risk.

Liability 53

Liability Risk Claims Contract 53

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. The over-riding goal of most contractor becomes minimizing the cost of performing the agreed scope or activity and maximizing profit.

Construction 124

Construction Procurement Liability Contract 124

Green Building Law Update

JANUARY 19, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Liability 156

Liability Leases Defense Commercial 156

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

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 Dive

NOVEMBER 6, 2013

By Bruce Jervis There are many legitimate reasons for contractors to submit claims for increased compensation. Construction contracts, which essentially allocate risks and responsibilities between project owners and constructors, spell out the circumstances under which the contractor may be entitled to additional time or money.

Claims 55

Claims Wisconsin Compensation Liability 55

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

Levelset

SEPTEMBER 16, 2022

It is sold as an extension to your general liability insurance policy and may be required by the state you work in or the project owner. Completed operations coverage is bundled with a contractor’s general liability policy. Completed operations covers liability from work that is already completed (i.e., not in progress).

Insurance 52

Insurance Liability Claims Contractors 52

Levelset

SEPTEMBER 6, 2022

In short, an additional insured is typically another business entity or person who can be added to your business policy, securing the same liability protection that you do. Among a number of other issues, insurance risk shifting is a concern for carriers. AI endorsements are often required as part of the construction contract.

Insurance 52

Insurance Liability Construction Contract 52

Green Building Law Update

AUGUST 30, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Site 156

Site Liability Leases Defense 156

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

Constructlaw

FEBRUARY 7, 2023

Fire broke out, resulting in a loss that was paid by the owner’s builder’s risk insurance. The builder’s risk carriers — subrogated to the rights of the owner — then sued the prime contractor, its subcontractor, and sub-subcontractor for negligence. The appellate court rejected each of these arguments.

Louisiana 52

Louisiana AIA Insurance Contract 52

Levelset

OCTOBER 13, 2022

Construction contracts often require that each hired specialty contractor maintain a minimum level of insurance coverage, and a COI will reflect that status. If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. There are a few parties that might require a COI from your contracting business.

Insurance 52

Insurance Certification Contractors Liability 52

Levelset

OCTOBER 14, 2022

A plumbing contractor’s insurance policy covers claims for property damage, but it may also help defend against lawsuits resulting from a work-related incident. In this respect, general liability insurance or workers’ compensation could help cover those costs if an incident should occur. . Licensing & contract requirements.

Insurance 52

Insurance Liability Injury Compensation 52

NH Construction Law

AUGUST 31, 2023

Subrogation – the right of an insurer, upon paying an injured party’s damages arising out of a negligence claim, to chase the negligent party for reimbursement – is a staple of the law. In commercial construction contracts the rationale for such waivers is to avoid litigation that could disrupt the construction process.

Insurance 40

Insurance Liability Claims AIA 40

Levelset

SEPTEMBER 12, 2022

” You may already have an insurance policy that offers coverage for business property and general liability. The floater can stand alone or be a limited part of a builder’s risk business policy. Subcontractors face risk from a variety of angles , and some of those exposures can be addressed through a GC’s policy.

Insurance 52

Insurance Liability Risk Materials 52

Federal Construction Contracting Blog

JANUARY 16, 2024

The CMMC Program’s purpose is for contractors and subcontractors to demonstrate that Federal Contract Information (FCI) and Controlled Unclassified Information (CUI) being processed, stored, or transmitted is adequately safeguarded. Contractors will enter their assessment scores in DoD’s Supplier Performance Risk System (SPRS).

Certification 52

Certification Security Contract Defense 52

Mr Ethics

JUNE 19, 2015

Dear Mr. Ethics, My partners are telling me we should be forming limited liability corporations for every project we do. They say our only risk is the assets that are in the L.L.C. Those contracting with LLC’s generally know what they are about. They tell me that these “L.L.C.’s” for the project. Can you give me some insight?

Legal 100

Legal Liability Drawings Claims 100

Mr Ethics

JUNE 19, 2015

Dear Mr. Ethics, My partners are telling me we should be forming limited liability corporations for every project we do. They say our only risk is the assets that are in the L.L.C. Those contracting with LLC’s generally know what they are about. They tell me that these “L.L.C.’s” for the project. Can you give me some insight?

Legal 100

Legal Liability Drawings Claims 100

Mr Ethics

JUNE 19, 2015

Dear Mr. Ethics, My partners are telling me we should be forming limited liability corporations for every project we do. They say our only risk is the assets that are in the L.L.C. Those contracting with LLC’s generally know what they are about. They tell me that these “L.L.C.’s” for the project. Can you give me some insight?

Legal 100

Legal Liability Drawings Claims 100

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

Levelset

SEPTEMBER 20, 2022

Liability insurance will help cover expenses for damage to someone else’s property and/or legal costs if another party decides to file a lawsuit. If you work on a job with a general contractor, the contract itself may require that all subcontractors have insurance before the job can begin. Who needs HVAC insurance?

Insurance 52

Insurance Contractors Liability Accidents 52

Levelset

MAY 23, 2022

As a contractor, you may have realized that taking care of every detail will not be enough as there are always going to be risks associated with your work. Whether it’s the risk of an unexpected accident or a project running over schedule and costing you money, there are many things that can go wrong.

Insurance 97

Insurance Contractors Construction Claims 97

Construction and Infrastructure Law

JANUARY 9, 2020

A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk. Any party who could face potential liability should be included as an indemnified party. This often includes entities and persons related to the contracting parties, not just the parties themselves.

Liability 90

Liability Agreement Drafting Insurance 90

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.

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.

Contract 40

Contract Construction Compensation Negotiation 40

Construction and Infrastructure Law

JANUARY 9, 2020

A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk. Any party who could face potential liability should be included as an indemnified party. This often includes entities and persons related to the contracting parties, not just the parties themselves.

Liability 52

Liability Agreement Drafting Insurance 52

Levelset

JULY 21, 2022

For example, contract bonds — like payment or performance bonds — are project-specific bonds that protect the property owner and subcontractors. In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts. Obligees can file a claim for: Failing to pay licensing or other fees.

Contractors 52

Contractors Claims Oregon Residential 52

Construction Marketing Ideas

FEBRUARY 14, 2015

Then there’s the deeply infomative and serious stuff, including, for example, a column: Three risk factors of IPD (Integrated Project Delivery). This is undeniably an important topic — and, while I’ve seen articles extolling IPD’s virtues, I haven’t seen as many looking into the challenges and risks.

ProCore 48

ProCore IDEA Resource Liability 48