Constructlaw

JULY 6, 2020

Department of State , 1 the Board rejected a contractor’s claim for additional costs related to demobilization and remobilization of the job site in Freetown, Sierra Leone, due to an Ebola virus outbreak. In Pernix Serka Joint Venture v. In mid-March 2015, PSJV remobilized to the site.

Claims 52

Claims Contract United States Site 52

Best Practices Construction Law

NOVEMBER 26, 2019

In the world of construction claims, according to one court, these same rules apply—it is premature to award damages before the claim has been considered and either approved or rejected. The short opinion makes sense—an arbitrator cannot rule on a claim that has not gone through the process required by the contract.

Change Orders 62

Change Orders Claims Contract Contractors 62

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.

Agreement 45

Agreement Claims AIA Contract 45

Green Building Law Update

DECEMBER 5, 2021

In the Old Testament when Isaac attempts to dig anew his father’s wells the shepherds of the wadi Gerar, claim, “the water is ours” forcing the patriarch to move on to dig a well elsewhere. Supreme Court squarely rejected Mississippi’s claim that Tennessee’s wells are stealing Mississippi’s ground water. Just last week a unanimous U.S.

Mississippi 156

Mississippi New York New York City Memphis 156

Best Practices Construction Law

MAY 29, 2013

In 1999, the parties entered into a subsequent agreement requiring that existing claims arising before January 1, 1999 would be subject to binding arbitration with the DRB. Those claims were identified in Exhibit 1 to the agreement. The Disputes. Lessons Learned.

Claims 48

Claims Contract Agreement Massachusetts 48

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.

Claims 52

Claims Risk Contractors Contract 52

Best Practices Construction Law

JUNE 24, 2016

The transaction involved numerous discussions and emails, including four drafts of a letter of intent from Buyer to Seller for purchase of a piece of property. None of the drafts of the letter were signed by Buyer. ” Second, claims succeed or fail based upon the documentation. Third, you must harness digital data.

Contract 91

Contract Claims Documentation Change Orders 91

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.

Documentation 52

Documentation Drafting Contract Claims 52

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.

Liability 90

Liability Agreement Drafting Insurance 90

Levelset

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation. Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 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.

Contract 48

Contract Drafting Claims Agreement 48

Revit OpEd

DECEMBER 21, 2017

This is same information but for the Revit drafting view exported to DWG. When I create an External Reference of the exported Revit drafting view it lands right on top of the native sketch. Footnote: Regarding a drafting view aligning with a DWG file after export: It might not be obvious but drafting views have an origin.

AutoCAD 40

AutoCAD Drafting Revit Autodesk 40

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.

Liability 52

Liability Agreement Drafting Insurance 52

Best Practices Construction Law

OCTOBER 3, 2012

After nearly five years of deliberations, the Federal Trade Commission has released its revised " Green Guides ," which are aimed at environmental marketing claims. A draft of the revised guidelines was published for public comment almost two years ago. The Green Guides are not agency rules or regulations.

Green 48

Green Guidelines Commissioning Claims 48

Best Practices Construction Law

NOVEMBER 21, 2019

For example, in the Universal Concrete Products case, the 4th Circuit reasoned that Virginia courts favor the freedom to contract and that parties are freely able to negotiate and draft these types of provisions. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

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.

Agreement 52

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.

Agreement 52

Agreement Illinois Contract Bidding 52

Green Building Law Update

APRIL 19, 2020

HB 619 was also significantly amended from the originally drafted local bill seeking to protect Baltimore County firefighters from fire-fighting foam (. It has been suggested this legislation will put in jeopardy claims within Maryland in the national fire-fighting foam multidistrict litigation in South Carolina.

Maryland 177

Maryland Permits South Carolina Baltimore 177

Green Building Law Update

JULY 24, 2016

The guidance describes it as, the property may only become subject to an enforceable claim (i.e., The property shall not be subject to an enforceable claim (i.e., There will be a lot of competition in this space and well drafted local government legislation will be key to the efficacy of PACE programs.

Finance 120

Finance Lien Residential Commercial 120

Construction Dive

APRIL 10, 2013

In the majority of jurisdictions, however, these clauses -- if properly drafted -- are enforceable … unless they are waived. A number of jurisdictions have rendered pay-if-paid clauses unenforceable by statute or court ruling.

Subcontracting 59

Subcontracting Drafting Risk Claims 59

Best Practices Construction Law

JUNE 4, 2019

The mediator sent Lehman and the defendant an email confirming that they had accepted his proposal and agreed on the amount of a payment in settlement of Lehman’s claim against that defendant. Lehman then sent the defendant the draft of a written settlement agreement.

Agreement 61

Agreement Contract Drafting Claims 61

Construction and Infrastructure Law

FEBRUARY 6, 2018

Employers should ensure that workers provided by staffing firms are paid correctly and covered by workers’ compensation insurance, and should also carefully examine and draft indemnification agreements with staffing firms. creating systems and protocols to confirm timely payment of wages to subcontractors’ workers. Section 2810.3

California 49

California Contractors Liability Employment 49

Green Building Law Update

AUGUST 8, 2015

The crux of this case is one of those differences, claims arising from materials. Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

The crux of this case is one of those differences, claims arising from materials. Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different.

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.

Lien 58

Lien Louisiana Claims Construction 58

Best Practices Construction Law

AUGUST 10, 2017

Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, or (3) failure to carry out the Work in accordance with the Contract Documents.”. It is important in contract drafting that you say what you mean and you mean what you say.

Contract 79

Contract Agreement Virginia Construction 79

Construction Marketing Ideas

MARCH 12, 2016

Having a track record for operating safe jobsites makes your company more attractive to the best owners, keeps your workers’ compensation mod rate in-check, and decreases the chances you’ll be spending time & money this year defending against claims. Construction attorneys do more than resolve claims. Safety first, every day.

North Carolina 48

North Carolina News Lien Construction 48

Green Building Law Update

JUNE 14, 2020

creating a re-occupancy assessment and requirements for an operations plan and the drafting of a management and operations plan. It is a social science study that requires keeping a daily journal of plan implementation including answering questions like, “Are you in control of your life?”.

Green 156

Green Risk Plans Safety 156

Green Building Law Update

MARCH 22, 2012

In a February 2011 letter to the IRS, the Destiny USA developer argued that the legislation simply required a promise to deliver the technology: On February 21, 2010, Syracuse Post-Dispatch reporter Rick Moriarty published a story that disclosed the contents of a draft letter addressed to the IRS by the Syracuse Industrial Development Agency.

Green 120

Green IRS Income Drafting 120

Construction Lawyer

JANUARY 19, 2015

Any claim arising out of or related to this Subcontract. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.

Contract 40

Contract Subcontracting Claims Drafting 40

Construction and Infrastructure Law

MAY 16, 2018

Instead, the parties’ disagreement concerned United Riggers’ demand for additional monies it claimed it was owed for the increased expenses it incurred as a result of Coast’s mismanagement of the project. By way of background, the critical facts in United Riggers were not in dispute. [1] 1] The general contractor, Coast Iron & Steel Co.

Claims 40

Claims Contractors Banking Construction 40

NH Construction Law

FEBRUARY 26, 2022

And this raises an interesting question: how to handle contractor claims for time extensions or delay damages when, through no fault of the contractor, a non-critical path activity is delayed such that all of its float is destroyed. Once a non-critical activity’s float is gone, bingo – it has just become a critical path item!

Schedule 40

Schedule Liability Contractors Contract 40

DebunkTheBIM

APRIL 6, 2011

Flatcad was first called CAD/CAM (Computer Aided Drafting and Manufacture) then it lost the CAM when Architecture started to claim ownership, but added another D for Design. Then there is the acronym. You can hardly be a good BIMmer without having your own twist on the acronym. CADD); BIM was not always BIM either.

BIM 48

BIM CAD Drafting Claims 48

Constructlaw

SEPTEMBER 29, 2020

The Third Circuit concluded that the district court retained the authority to decide whether an enforceable arbitration agreement existed because the plaintiff satisfied the standard required to plead a claim for fraud in the execution that challenged the validity of the entire written agreement. 1] MZM Construction Company, Inc.

Agreement 52

Agreement Bargains New Jersey Contract 52

Construction Law Monitor

OCTOBER 26, 2010

Many experts believe that the AIA standard form contracts are drafted to protect the Architect. The contract documents should be drafted to protect this individual. ConsensusDOCS claims to have an industry first with its form 310 “Green Building Addendum.” ConsensusDOCS came about from a different premise.

AIA 61

AIA Contract Documentation Drafting 61

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.

Tennessee 48

Tennessee Change Orders Contractors iPad 48

Best Practices Construction Law

MARCH 14, 2016

The attorney for the Williams drafted a short letter agreement and sent it to opposing counsel. Whether you are talking about a change order, outstanding payment application, or claim for delay damages, your agreement on a dispute may be binding depending on the circumstances. Williams, No.

Agreement 48

Agreement Change Orders Drafting Tennessee 48