NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. ” Paisner v. Renaud , 102 N.H.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

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

Constructlaw

JUNE 22, 2020

Environmental Safety Corporation’s (“PAL”) complaint alleging numerous causes of action in connection with its suit against CEC … Continue reading Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering the Same Subject Matter.

Michigan 52

Michigan Permits Claims Contract 52

Best Practices Construction Law

NOVEMBER 21, 2019

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

Contract 77

Contract Subcontracting Drafting Virginia 77

Constructlaw

JULY 14, 2022

together, ASD or Owner) contracted Sweet Construction Corp. Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). The Subcontract contained two signature lines, one for “Sweet Construction Approval” and one for “Arenson Office Furnishings Approval.” Bank of America, N.A.

Subcontracting 52

Subcontracting Banking Contract Claims 52

Construction Dive

MARCH 26, 2014

By Bruce Jervis Project owners do not want to be surprised with claims for additional work at the conclusion of a project. Contract clauses usually stipulate procedures that give the owner some advance notice and an idea of the increased cost. An example is found in a subcontract on a recent private project in Ohio.

Claims 51

Claims Subcontracting Ohio Contract 51

Job Order Contracting

FEBRUARY 20, 2018

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. The JOC will remain in effect for one year from date of contract award.

Contract 100

Contract Organization Change Orders Overhead 100

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

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

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

Constructlaw

OCTOBER 20, 2022

The court rejected X-Treme’s argument that the no-damage-for-delay provision did not bar its claim because the cause of the delay (incomplete drawings) was not within the parties’ contemplation when they executed their subcontract. The court also affirmed the dismissal of X-Treme’s counterclaim for unpaid amounts.

Lien 52

Lien New York Subcontracting Claims 52

Constructlaw

JULY 20, 2023

This is a strong reminder to all tiers of the construction chain that Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) allows substantially prevailing parties — whether owners, contractors, or subcontractors — to recover fees incurred in proceedings involving payment claims.

Claims 40

Claims Subcontracting Contractors Philadelphia 40

Levelset

AUGUST 25, 2022

In 2021, Texas enacted some sweeping changes to the mechanics lien process effective on projects where the original contract was entered into on or after January 1, 2022. Generally, retainage is a certain percentage of a contract amount withheld that is payable upon satisfactory completion of the project.

Texas 52

Texas Lien Claims Contract 52

Construction Dive

DECEMBER 12, 2012

The Tennessee Court of Appeals ruled that an owner’s withholding of liquidated damages was a “claim” within the meaning of the AIA general conditions. The owner was required to give formal written notice of claim within 21 days after the contractual completion deadline passed.

Claims 48

Claims Tennessee Subcontracting AIA 48

Constructlaw

DECEMBER 1, 2022

RKI contracted with Ameriflow Energy Services LLC and Crescent Services LLC through two master service agreements (MSAs) and a series of work orders. Notably, it was unclear whether Crescent supplied those services under a subcontract agreement with Ameriflow or whether the two entities were somehow affiliated.

Texas 52

Texas Claims Contract Agreement 52

Construction Dive

OCTOBER 28, 2012

By Bruce Jervis When a private company -- designer, constructor or manager -- contracts with a government entity, should that company’s dealings with other private companies be a matter of public record? The contract called for the design, management and construction of public schools.

Contract 48

Contract Subcontracting Documentation Minnesota 48

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

NH Construction Law

APRIL 26, 2022

A few years back I blogged ( #84 ) that owners generally lack “third party beneficiary” rights required in order to enforce subcontracts. Still other courts allow homeowners to bring negligence claims against subcontractors regardless of recourse against the builder-vendor. Ohlendorf , 92 Ill.2d 2d 171, 441 N.E.2d

Subcontracting 40

Subcontracting New Hampshire Claims Illinois 40

NH Construction Law

DECEMBER 22, 2019

In contract law there is a well-recognized exception to the rule requiring “privity of contract” as a prerequisite to recovery for breach. They will merely be incidental beneficiaries, with no contract right of recovery against the subcontractors. ” Brooks v. . ” Brooks v. ” Id.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 40

Construction Dive

OCTOBER 21, 2012

There are several steps that subcontractors should take if they want to maintain their rights to file delay claims, Navigant Construction Forum Executive Director James Zack said during a webinar that WPL Publishing held earlier this month. Zack and Navigant Consulting Inc. ” Read more.

Claims 48

Claims Subcontracting Bidding Negotiation 48

NH Construction Law

MARCH 24, 2018

Given the importance of nailing down any changes to an original scope of work along with their price and schedule effects, many construction contracts require change orders to be in writing, and even define change orders as written instruments. 659, 670 (2013), but not if the parties’ contract addresses the subject matter of the claim.

Change Orders 40

Change Orders Subcontracting Contract Claims 40

Construction Dive

JANUARY 9, 2013

It may affect the enforceability of the contract clause itself. A payment clause in a subcontract stated that payment by the project owner to the prime contractor was a “condition precedent” to the contractor’s obligation to pay the subcontractor. This is clear, longstanding legal terminology.

Contract 48

Contract Subcontracting Legal Ohio 48

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. Demand for arbitration shall be filed in writing with the other party to this Subcontract and with the American Arbitration Association, and a copy shall be filed with the Architect.

Contract 40

Contract Subcontracting Claims Drafting 40

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Such an occurrence could threaten the existence of your contracting business. Cyber insurance.

Insurance 98

Insurance Liability Claims Injury 98

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.” In Schindler v. Tully Construction Co. , Tully Construction Co. ,

Claims 82

Claims Contract Legal New York 82

Federal Construction Contracting Blog

DECEMBER 9, 2021

The SBA is proposing two new methods for small businesses to obtain the often elusive qualifying past performance commonly required when competing for federal contracts. Under the proposed rule, a contracting officer shall consider the past performance of the joint venture when evaluating the small business’ past performance.

Contract 52

Contract Contractors Office Subcontracting 52

Construction Dive

AUGUST 11, 2016

By Bruce Jervis When a contractor is preparing to submit a binding bid on a contract, the contractor is necessarily reliant on the price quotations it receives from prospective subcontractors and suppliers. Featured … Bidder’s Reliance on Subcontractor Quote Not ReasonableDescriptive Narrative Insufficient to Support Claim

Subcontracting 48

Subcontracting Bidding Claims Contractors 48

Building Information Management

OCTOBER 23, 2013

Why the Job Order Contracting model could work in Canada. A proven contracting methodology from the United States may be a model for solving some of Canada’s current contracting demands. In this way, JOC is similar to the standing order contracting that we are familiar with, with a few important differences.

Contract 45

Contract Procurement United States Subcontracting 45

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In Kellogg Brown & Root Servs., million; and. million; and. million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

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. The shorter, easier, and more concise a contract is, the better it protects you.

Contractors 98

Contractors Contract Legal Change Orders 98

Best Practices Construction Law

FEBRUARY 21, 2018

Whether you are required by contract or law, purchase and maintaining the appropriate coverage can help you avoid catastrophe on your project. The subcontract agreement required the subcontractor to indemnify and hold harmless the contractor against claims of bodily injury resulting from the subcontractor’s work.

Insurance 54

Insurance Subcontracting Injury Construction 54

NH Construction Law

MARCH 26, 2023

The problem is not solved by prime contract provisions requiring a general contractor to promptly clear any lower tier mechanic’s liens or face having payments withheld. If an initial court challenge to the lien fails, the general contractor may well be coerced into an unfavorable settlement of the lienor’s claim.

Lien 40

Lien Subcontracting New Hampshire Bargains 40

Construction Dive

DECEMBER 19, 2012

The bonds incorporate the terms of the construction contract or subcontract by reference. And those contracts authorize alteration through change orders. But what if the surety discovers that the change order process has radically altered the contract it originally agreed to cover? ” Read more.

Change Orders 48

Change Orders Subcontracting Negotiation Contract 48

Levelset

APRIL 28, 2022

If a subcontractor defaults on a project, the general contractor can make a claim with the insurance company to cover costs above their deductible and any loss reserve requirements. Some GCs pass the cost of the loss reserve onto the project owner and claim that amount as additional profit on the project. million – $750,000). .

Insurance 52

Insurance Contractors Claims ABC 52

NH Construction Law

MAY 20, 2023

When that is the case, can a general contractor with a pay-if-paid provision in its subcontracts hide behind that provision when the reason for owner nonpayment is the general contractor’s own default? “Conditions in contracts are construed in accordance with their ordinary meaning.” JBC Merger Sub LLC v. 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 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. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Dive

DECEMBER 5, 2012

It can also be used to support claims for delay and disruption. ” These clauses are common in subcontracts. Prime contract schedules are frequently altered by the project owner or other factors beyond the contractor’s control. A contractor may want flexibility in scheduling subcontracted work.

Schedule 48

Schedule Subcontracting Claims Agreement 48