NH Construction Law

APRIL 26, 2024

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” ” With that opening sentence, the Texas Supreme Court in Lennar Homes of Texas, Inc. ” Id. That didn’t work in Lim v. TForce Logistics LLC , 8 F.4th

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Agreement New Hampshire Texas Claims 40

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.

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Claims Risk Contractors Contract 52

Best Practices Construction Law

NOVEMBER 21, 2019

Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. 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.

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Contract Subcontracting Drafting Virginia 77

Construction and Infrastructure Law

FEBRUARY 6, 2018

The new law puts the onus on direct contractors to not only monitor their own payroll practices, but to ensure that their subcontractors and lower tier subcontractors are engaging in proper payroll practices. AB 1701 does not afford individual workers a direct right to sue contractors. Section 2810.3

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California Contractors Liability Employment 49

Construction Lawyer

SEPTEMBER 3, 2014

Some time later, the architect drafted an AIA contract which the owner marked up with various changes. The owner moved for summary judgment on the copyright claim on the basis that it had an implied nonexclusive license to use the drawings. The architect did not accept any of the changes and the AIA contract was never signed.

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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.

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Documentation Drafting Contract Claims 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. “I’m not saying that the subs don’t take any liability or the general contractor doesn’t take any liability from the owner; I’m saying let’s negotiate.

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Best Practices Construction Law

MAY 29, 2013

" The appellate court vacated a $56 million arbitration award in favor of Perini-Kiewit-Cashman Joint Venture (“PKC”), one of the general contractors for portions of the “Big Dig” Central Artery/Tunnel Project. Those claims were identified in Exhibit 1 to the agreement. The Disputes. Lessons Learned.

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Claims Contract Agreement Massachusetts 48

Construction and Infrastructure Law

JANUARY 9, 2020

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. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

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Liability Agreement Drafting Insurance 90

Construction Dive

APRIL 10, 2013

In one case, the prime contractor waived the right to enforce the clause against the subcontractor. In the other case, the contractor narrowly averted a waiver. Pay-if-paid clauses shift the risk of project owner nonpayment from the prime contractor to the subcontractor.

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Subcontracting Drafting Risk Claims 53

Construction and Infrastructure Law

JANUARY 9, 2020

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. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

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Liability Agreement Drafting Insurance 52

Best Practices Construction Law

JULY 31, 2015

Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J. Legal Writing 89 (2008-09), here are a few items to think about when drafting contracts: A contract is about defining transactions and relationships. A contract is a set of instructions.

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Contract Drafting Claims Agreement 48

NH Construction Law

FEBRUARY 26, 2022

In large commercial projects it is common for contractors to present owners with a schedule for the work to be performed using the so-called “critical path method,” or CPM. This leeway gives the contractor some flexibility. The answer depends on whether the contractor or the owner “owns the float.”

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Schedule Liability Contractors Contract 40

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. Fish and Wildlife Service in Marion, IL. SGLC filed a motion to dismiss, or in the alternative, compel arbitration and stay the proceedings.

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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. Fish and Wildlife Service in Marion, IL. SGLC filed a motion to dismiss, or in the alternative, compel arbitration and stay the proceedings.

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Agreement Illinois Contract Bidding 52

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. Finally, email communications simply tend to be more informal and can lead to "miscommunications" among the project team members.

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Tennessee Change Orders Contractors iPad 48

Construction and Infrastructure Law

MAY 16, 2018

In it, the Court narrowly construed the “good faith” exception to the general rule that a direct contractor must make retention payments to its subcontractors within 10 days of receiving any retention payment. A] direct contractor may not . . . . 1] The general contractor, Coast Iron & Steel Co.

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Green Building Law Update

AUGUST 8, 2015

CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000. The crux of this case is one of those differences, claims arising from materials.

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Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000. The crux of this case is one of those differences, claims arising from materials.

Liability 120

Liability Maryland Green Agreement 120

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.

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Lien Louisiana Claims Construction 58

Best Practices Construction Law

AUGUST 10, 2017

Consider the following construction contract provisions: “If the Owner fails to make payment for a period of 30 days, the Contractor may , after seven days written notice, terminate the Contract and recover from the Owner payment for Work performed.”.

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Contract Agreement Virginia Construction 79

Construction Lawyer

JANUARY 19, 2015

A dispute arose between a contractor and its subcontractor concerning the installation of temporary fire protection equipment. Any claim arising out of or related to this Subcontract. The arbitrator awarded attorneys fees to the general contractor and the subcontractor moved to vacate the fee award. Inman Construction, No.

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Contract Subcontracting Claims Drafting 40

Construction Law Monitor

OCTOBER 26, 2010

While attending the Associated Owners & Developers 14th Annual Construction Industry Conference, entitled How Owners and Contractors Can Control Project Risk, here in New Orleans today, I sat in on a informative session regarding ConsensusDOCS. Many experts believe that the AIA standard form contracts are drafted to protect the Architect.

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AIA Contract Documentation Drafting 61

Construction Marketing Ideas

MARCH 12, 2016

In it, he explains as a major lottery jackpot loomed, how contractors can in a more practical manner, increase their success odds with five suggestions: Know who you’re doing business with. Construction attorneys do more than resolve claims. One bad project can spoil the gains from ten successful ones. Safety first, every day.

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North Carolina News Lien Construction 48

Autodesk Construction Cloud

DECEMBER 18, 2021

And that 10% loss doesn’t even factor in the costs associated with claims that can come from prolonged payment disputes. According to a recent survey from Autodesk and Dodge Data & Analytics, 66% of general contractors experience trouble getting off the job on at least a quarter of their projects.

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Change Orders Documentation Equipment Risk 52

Construction Cost Estimating

MARCH 11, 2015

For example, if you''re obtaining one contractor bid for roofing, covering all the things listed therein class, simply enter the value once the heading Roofing. GET ALL BIDS IN WRITING Make sure you GET ALL BIDS IN WRITING from contractors, subs, and vendors, with a full description of the materials and labor provided.

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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. Voluminous evidence and documents.

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Construction Claims Contractors US 52

Pro Builder

APRIL 1, 2021

Those contractors who built these projects tended to be very experienced and skilled at that process. One monthly OAC (Owner-Architect-Contractor) meeting would be held to keep everyone on the same page about the project. It is the respective trade contractors who are responsible to install the work correctly in the first place.

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Construction Law Monitor

MAY 30, 2012

While this may be true due to the enormous built in delays and catastrophic costs of “going to trial” there are a number of ways that contractors can be disadvantaged by dealing with lawyers who are not experienced with this process. ” See AAA’s Guide to Drafting Dispute Resolution Clauses for Construction Contracts .

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Louisiana Contract Legal Drafting 59

Levelset

SEPTEMBER 2, 2022

Errors and omissions (E&O) insurance covers contractors against financial loss resulting from mistakes, errors, or claims of negligence. While general liability insurance covers against claims related to injury or property damage, errors and omissions insurance protects from lawsuits related to financial loss.

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Insurance Liability Claims Construction 52

Levelset

SEPTEMBER 7, 2022

Professional liability insurance provides contractors coverage from financial losses that happen as a result of their errors, mistakes, or negligence. For instance, a plumber who fails to properly lay a pipe could cause water damage that leads to an expensive repair for the general contractor. What is professional liability insurance?

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Liability Insurance Injury Contract 52

Lets Build

APRIL 29, 2022

On most projects, the punch list is drafted by the contractor and/or site owner near the end of the work. Webinar: How to connect your Snagging & QHSE processes to avoid claims and regain control. The aim of the list is to keep track of any leftover tasks or small fixes that need to be completed.

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Construction Lawyer

NOVEMBER 8, 2007

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. « False Claims lands Engineer in jail | Main. | Unlimited liability for designers and contractors. Categories. arbitration.

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AIA Documentation Illinois Chicago 40

Autodesk Construction Cloud

JANUARY 7, 2023

A general contractor depends on subcontractors to provide the information for daily reports, and often superintendents and foremen are responsible for editing them. Prime among them are their roles in legal disputes, specific claims and project team documentation. Typically, daily reports are a collaborative effort.

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Documentation Construction Legal Mobility 52

Construction Lawyer

FEBRUARY 5, 2014

In our construction practice, we represent many design professionals, owners, contractors and others involved in construction projects. 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. Introduction. An example.

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Contract Agreement Drafting Documentation 40

Best Practices Construction Law

MARCH 17, 2016

If you haven’t revisited your cell phone and computer use policies recently—or don’t have any—below are some major issues to consider: Claims, claims, claims. More and more litigation (or arbitration) involves discovery of texts, emails and photographs for proving or disproving your claims. Let’s Talk about Sex(ting).

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Legal Claims Employment Accidents 48

Constructlaw

JULY 13, 2021

While thoughtful arbitration clause drafting should generally enable parties to avoid confusion over which set of the ICDR/AAA rules should apply, the ICDR’s clarification of the term ‘international’ refines what parties should expect. 8(1)(a)); (2) all of the claims/counterclaims arise out of the same arbitration agreement (Art.

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Construction Agreement Claims US 52