article thumbnail

How to File a Lawsuit After an Injury At a Construction Site?

Construction Marketing

Help with negotiations This can be difficult, as insurance companies are often reluctant to pay large settlements. An experienced attorney will know how to negotiate with insurance companies and fight for the best possible settlement for you. Contributory negligence This defense says that you were partially to blame for your injuries.

Injury 258
article thumbnail

Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. And such is a big deal in this consideration when the Department of Defense is the largest owner of green buildings. Legal scholars can have at it.

Green 120
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Test the Bounds of Job Order Contracting?

Job Order Contracting

B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work. This is arithmetic, not negotiations.

Contract 130
article thumbnail

Recent Decision Highlights the Potential Pitfalls in General Releases

Federal Construction Contracting Blog

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R. The parties ultimately reached a settlement agreement regarding these claims.

article thumbnail

Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

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. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages.

article thumbnail

#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. “Conditions in contracts are construed in accordance with their ordinary meaning.”

article thumbnail

Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

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. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages.