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Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim?

Claims 69
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I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

Constructlaw

This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. Reposted from Solar Power World with permission. The first is simple: Read the warranty exclusions.

Claims 52
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JOB ORDER CONTRACT Legal Issue – LOS ANGELES UNIFIED SCHOOL DISTRICT, v. TORRES CONSTRUCTION CORP. et al.,

Job Order Contracting

LAUSD prevailed on its claims for breach of contract and was awarded $3,941,829 in damages. While LAUSD prevailed in this dispute, it is arguable that the associated issues could have been detected at the proposal negotiation stages and other phases… prior to the JOC Program Audit that subsequently identified the issues.

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Subcontractors owed £4.6m after Howard Russell collapse

Construction Enquirer

An update on the administration filed at Companies House said the firm was sunk by a combination of rising materials costs, project delays and defect liability claims. Howard Russell worked across the UK as a design and build contractor for a wide range of sectors. with 31 staff working at the company.

Debt 72
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Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

Best Practices Construction Law

When the construction project was delayed, the general contractor filed suit against the numerous designers, architects, engineers and subconsultants. The clause read as follows: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein.

Claims 54
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Test the Bounds of Job Order Contracting?

Job Order Contracting

Most contractors have heard of design-bid-build, design-build, construction manager at risk, and even public private partnerships, various project delivery methods, which, at their heart, focus on balancing the interests of the various parties involved in a construction project, from owners, to design professionals, to contractors.

Contract 130
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Should Designers Be Liable to Contractors for Drawing Errors?

Construction Dive

By Bruce Jervis It has long been controversial: Should design professionals be directly liable to construction contractors for deficiencies in the drawings and specifications? On one hand, contractors necessarily rely on the design documents when bidding and performing the work. There are arguments on each side. ” Read more.