Best Practices Construction Law

MAY 21, 2013

I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives. Schedules , including the as-planned and updates. Image: Tanzer18.

Claims 48

Claims DOT Construction Compensation 48

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.”. Finally, the GC’s policy won’t provide any coverage for tools, equipment or vehicles.

Insurance 98

Insurance Liability Claims Injury 98

Best Practices Construction Law

JULY 3, 2013

What do you think causes construction claims and disputes? When a problem faced by one party in the construction process is ignored or recognized late, the problem may escalate into disputes and claims. Disputes and claims are detrimental to all parties. Poor planning and use of wrong equipment. Unbalanced bidding.

Claims 54

Claims Bidding Construction Contract 54

Natural Building

MAY 2, 2020

This recent article at insideclimatenews.org titled Inside Clean Energy: 6 Things Michael Moore’s ‘Planet of the Humans’ Gets Wrong , written by Dan Gearino claims that t he documentary’s “facts” are deceptive and misleading and way out of date. First, the power lines can be used to export any excess electricity.

Claims 40

Claims Life Cycle Electrical United States 40

Construction Equipment

SEPTEMBER 2, 2015

A court ordered Navistar to turn over a second set of documents to the Securities and Exchange Commission (SEC), reports the Chicago Tribune.

Documentation 48

Documentation Commissioning Chicago Security 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

Lets Build

FEBRUARY 4, 2021

In any other case, claims will always wait for you just around the corner, putting extra pressure on the project’s budget and generating a multitude of administrative tasks. This administrative nightmare is the first step towards slower decision making, misunderstandings, and all in all costly and time-consuming claims.

Site 158

Site Project Management Schedule Claims 158

Autodesk Construction Cloud

JANUARY 7, 2023

4 Ways to Take Field Reports to the Next Level Since ancient times, humans have relied on documentation to track progress, illuminate discoveries and provide information to others. These routine reports are an essential process in construction, especially as it is an industry that relies so heavily on documentation.

Documentation 52

Documentation Construction Legal Mobility 52

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.

Construction 52

Construction Claims Contractors US 52

Lets Build

JANUARY 5, 2022

Some contracts deem force majeure as a relevant event that may grant the contractor ability to file claims on an extended time needed to deliver their obligations under the contract. These claim disputes are common especially when it comes to unfavorable weather as the term is mostly vaguely defined. Standardise as much as you can.

Construction 146

Construction Schedule Contract Claims 146

Construction Junkie

JULY 27, 2020

Having all relevant documents available at your fingertips is invaluable to running and properly documenting a project. There is certainly a value to them when a contractor has immediately available documentation, reports, and pictures of their entire project organized within a software in case a claim should arise.

ProCore 83

ProCore Travel Insurance North Carolina 83

Autodesk Construction Cloud

JUNE 9, 2022

Tagging photos with relevant keywords enables teams to quickly organize and find the images they need to document projects and track progress. This saves teams time, allowing them to rapidly organize and access images needed for tracking progress, documenting completed work, and referencing photos. . heavy equipment .

Management 98

Management Autodesk Construction Documentation 98

Levelset

MAY 16, 2022

The federal government — along with many states — prohibits private entities from claiming an interest in public property. If there’s a problem with slow payment or nonpayment, contractors file payment claims against the bond rather than foreclosing on public property. Florida bond claims. How to file a bond claim in Florida.

Florida 52

Florida Claims Lien Contract 52

Lets Build

JANUARY 13, 2023

Deal with insurance claims easily. One-click customisable reports are also a crucial asset for site managers—from handling labour, material, and equipment data to documenting your workforce and logistics, you can finally work without workarounds. Keep an airtight audit trail. Protect your company from stop-work orders.

Site 148

Site Office Management Documentation 148

CK Power

NOVEMBER 12, 2019

Today, all newly manufactured off-highway diesel equipment (e.g., generators, air compressors, construction equipment) must be powered by a T4F-certified engine. Even so, there’s still a sizeable population of in-service equipment powered by lower tier engines, and engines produced before the tiered regulations were introduced.

Equipment 40

Equipment Engineering Regulation Railroad 40

Constructlaw

DECEMBER 1, 2022

In 2014, a piece of equipment, known as a sand separator, exploded at an oil well in Loving County, TX, killing two individuals and injuring three others. Ameriflow supplied equipment and services to the wellsite, including the explosive sand separator. June 23, 2022). RKI Exploration & Production LLC operated the oil well.

Texas 52

Texas Claims Contract Agreement 52

Best Practices Construction Law

AUGUST 24, 2012

Through the years of consulting with folks in the construction industry about mechanics lien and bond claims, I’ve unearthed a set of principles to help navigate the very complicated world of liens. They barely even mentioned that they could file a bond claim, and that this is commonly even referred to as a lien.

Lien 48

Lien Claims Debt Florida 48

Job Order Contracting

MARCH 21, 2019

Don’t be fooled by vendors that claim to be the largest, or most experienced source of JOC solutions. Do your homework! A UNIT PRICE BOOK should be fully researched for material, labor, and equipment annually (at a minimum). What are the required JOC Documents, Phases, Timelines, Approvals?

Documentation 100

Documentation Estimating Procurement Contractors 100

Best Practices Construction Law

MAY 21, 2012

One of the basic, yet most important, aspects of project documentation includes effective use of an on-going and detailed set of daily reports. This type of report will usually prove insufficient to support a request for additional compensation or change order claim. Include work categories and/or cost codes.

Claims 48

Claims Estimating Construction Change Orders 48

Lets Build

OCTOBER 18, 2021

Let alone the time spent trying to ensure that all issues are fully documented, nobody arrives on-site in vain and that material orders don’t get delayed, misplaced or even worse damaged. You have to document everything no matter what. This is the safest way to keep your project and yourself protected from commercial claims.

Site 147

Site Project Management Construction Management 147

Construction Dive

DECEMBER 10, 2015

By Bruce Jervis The legal standard for a successful differing site condition claim is stated in a variety of ways. At its most fundamental level, however, it comes down to two questions:What representations did the contract documents make regarding physical site conditions?Was The contractor’s assumptions proved to be incorrect.

Site 48

Site Contractors Claims Documentation 48

Autodesk Construction Cloud

DECEMBER 18, 2021

Your subcontractors are showing up, your rented equipment works and is where it should be, and all is right in the world. And that 10% loss doesn’t even factor in the costs associated with claims that can come from prolonged payment disputes. Equipment tracking software may be needed to account for all moveable equipment.

Change Orders 52

Change Orders Documentation Equipment Risk 52

Levelset

OCTOBER 13, 2022

A COI may include a waiver of subrogation endorsement that basically asks your insurance company to pay an insurance claim, while giving up the ability to recover (or subrogate) damages from the party that actually caused the problem. You may secure funding for equipment through a bank or other lender. How long should I keep my COI?

Insurance 52

Insurance Certification Contractors Liability 52

Fieldwire

APRIL 11, 2022

Misinterpretation of plans and specifications – work is not installed in accordance with construction documents, or documents may be not clear or current. Material and Equipment Defects. Firms with established quality systems are generally better equipped to avoid rework and handle it more readily when it occurs.

Schedule 98

Schedule Fabrication Construction Budgeting 98

Green Building Law Update

NOVEMBER 27, 2016

But, the claims that have resulted in much of the recent litigation involving green building projects are different from those in other construction disputes. The underlying disputes and differences are not about untested materials or new equipment, as is often the instance with sustainable construction.

Green 120

Green Claims Certification North Carolina 120

Stok

MAY 23, 2023

179D is a tax deduction for energy efficient equipment installed in a commercial building that reduces the energy cost by 25-50% in comparison to an ASHRAE 90.1 Before a taxpayer can claim the deduction , they must obtain a certification for the 179D Report. WHAT IS THE 179D TAX DEDUCTION? baseline building.

Commercial 52

Commercial IRS Modeling Certification 52

Constructlaw

OCTOBER 21, 2020

The ban could potentially affect all forms of businesses, including global construction, manufacturers, and equipment suppliers performing business in China and the U.S. On August 6 , President Trump issued an executive order banning WeChat, a Chinese app developed by parent company Tencent Holdings Ltd.

Equipment 45

Equipment Construction Mobility Claims 45

NH Construction Law

MARCH 26, 2022

any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so. The basic one is found in Section 3.5.1, ” Almost identical language is found in Section 3.8.1 Then there is A201 Section 12.2.2.1,

Contract 40

Contract EJCDC Documentation Claims 40

Constructlaw

SEPTEMBER 10, 2020

One additional outcome of this, that everyone needs to understand from the very beginning of a project, is the need to document everything — absolutely everything. It is easier to be successful in your claim if it is well-documented. This was true before COVID-19, but now is even more critical.

Industrial 52

Industrial Union Contract Claims 52

Job Order Contracting

FEBRUARY 20, 2018

The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. Contractor’s UPB estimate of tasks and quantities of labor, materials, and equipment to do the work, plans and specifications, and project timeline.

Contract 100

Contract Organization Change Orders Overhead 100

Best Practices Construction Law

SEPTEMBER 4, 2014

My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. This is often the starting point for reviewing a claim and the key to a successful analysis of issues. Analyze the schedule.

Compensation 54

Compensation Claims Change Orders Legal 54

Levelset

NOVEMBER 10, 2022

Caught-in or between : Injuries or fatalities could occur when loose clothing gets caught in belts or pulleys while heavy equipment and foundation walls present two immovable objects that can crush or suffocate an employee. Service and update equipment regularly. Old, worn equipment and tools can malfunction or break and cause injury.

Safety 52

Safety Site Injury Construction 52

Levelset

SEPTEMBER 23, 2022

However, the types of policies and their limits (the maximum amount claims can pay out) are limited. A general liability insurance policy protects the policyholder from claims of property damage or bodily injury caused by the contractor or its employees. This policy may also cover legal fees involved in certain types of lawsuits.

Insurance 52

Insurance Liability Accidents Risk 52

FDR Safety

SEPTEMBER 22, 2015

Require that contractors provide you with documentation of their safety performance and safety program. Documentation of their Experience Modification Rating, which measures Workers Compensation claims experience. Review the documentation. Make sure the contractor is conducting their own inspections and documents them.

Safety 120

Safety Injury Inspections Documentation 120

Job Order Contracting

JULY 28, 2021

When entering into a JOC contract, a JOC contractor agrees to perform work at prices set forth in a Construction Task Catalog also known as a unit price book which includes current local labor, material and equipment costs. Unit prices are then adjusted by a “bid adjustment factor” based on the JOC contractor’s bid. The Torres Case.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Autodesk Construction Cloud

JULY 12, 2022

Managing Preconstruction Documents . The preconstruction team must manage these documents and make sure they’re completed by the right people at the right time. . Such documents include: Request for Proposal (RFP). Construction documents (CD). Here are some of their tasks and responsibilities.

Plans 52

Plans Documentation Schedule Risk 52

Best Practices Construction Law

OCTOBER 14, 2015

For example, photography has been used in the construction industry to document the progress of the work. Project team members have the ability to document the status of work on a real-time basis and preserve the photographs in a project management system.

Risk 48

Risk Inspections Claims Construction 48