Construction and Infrastructure Law

JANUARY 9, 2020

A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk. 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.

Liability 90

Liability Agreement Drafting Insurance 90

Construction Dive

APRIL 10, 2013

Pay-if-paid clauses shift the risk of project owner nonpayment from the prime contractor to the subcontractor. In the majority of jurisdictions, however, these clauses -- if properly drafted -- are enforceable … unless they are waived. In the other case, the contractor narrowly averted a waiver.

Subcontracting 58

Subcontracting Drafting Risk Claims 58

Construction and Infrastructure Law

JANUARY 9, 2020

A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk. 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.

Liability 52

Liability Agreement Drafting Insurance 52

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

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

Green Building Law Update

DECEMBER 3, 2017

business seeking to mitigate the risk associated with data protection. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. A claim pending against a major U.S. Because the U.S. But make no mistake, privacy enforcement in the U.S.

Green 120

Green Risk Claims Drafting 120

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. Risk assessment is the fifth step and requires you to identify potential risks or liabilities that could arise in the future. Step 5: Risk Assessment. Tools like Construction IQ can help.

Change Orders 52

Change Orders Documentation Equipment Risk 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. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities. The shifting of risk and liabilities is a very common practice when drafting contracts.

Contract 52

Contract Contractors Negotiation Subcontracting 52

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 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

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.

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. Notwithstanding these potential problems, people continue to use email without having a full understanding of the risks involved.

Tennessee 48

Tennessee Change Orders Contractors iPad 48

Construction Business Owner

APRIL 2, 2018

Unfortuately, a week after completion, you receive a claim letter from the other side. Annoyed, you draft a denial. Finally, your major construction project is complete. They file suit. You now face years of litigation in which you will recount, in painstaking detail, every single contested aspect of the project.

Risk 174

Risk Drafting Claims Construction 174

Construction Law Monitor

SEPTEMBER 10, 2015

An indemnification clause obligates one party to compensate the other party for certain losses or damages resulting from third-party claims. Negotiations and drafting can become confusing and burdensome.Thus, an attorney should be on hand to help your understand the risks and benefits of the contract you are considering.

Contract 40

Contract Construction Compensation Negotiation 40

Construction Law Monitor

SEPTEMBER 10, 2015

An indemnification clause obligates one party to compensate the other party for certain losses or damages resulting from third-party claims. Negotiations and drafting can become confusing and burdensome.Thus, an attorney should be on hand to help your understand the risks and benefits of the contract you are considering.

Contract 40

Contract Construction Compensation Negotiation 40

Construction Lawyer

JANUARY 29, 2014

In February, 1999, an engineer for Hanson sent a letter to Wight which stated that it “describes the history and approximate extent of coal mining activity in the Benld/Gillespie area of Illinois, and also provides a general presentation regarding subsidence and its risk of occurrence.”. contracts litigation'

Illinois 40

Illinois AIA Contract Agreement 40

Green Building Law Update

FEBRUARY 7, 2021

A business saying though an ESG statement on their website that they are concerned about modern slavery may sound nice, but in 2021 when so many are talking about ESG, that claim will not resonate and quite frankly falls short of what a private enterprise should be doing to prevent these crimes. Additionally, it is suggested in the U.S.

Equity 257

Equity Sustainability Defense Green 257

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.

Insurance 52

Insurance Liability Claims Construction 52

Levelset

SEPTEMBER 7, 2022

Professional liability insurance, also called errors and omissions (E&O) insurance , is a form of risk transfer, meaning that the policy mitigates the risk a contractor faces in their line of work. Professional liability insurance protects against claims related to professional negligence.

Liability 52

Liability Insurance Injury Contract 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. Numerous individual claims.

Construction 52

Construction Claims Contractors US 52

Green Building Law Update

NOVEMBER 5, 2017

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 there is no question that a properly drafted provision in a contract requiring arbitration is enforceable. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Green Building Law Update

SEPTEMBER 12, 2021

And today environmental groups are alleging greenwashing and intentional misrepresentation, including claims in contravention of the Federal Trade Commission Green Guides, targeting companies making ESG assertions. With respect to the risk, make no mistake, today there is no federal law requiring businesses to make ESG statements.

Legal 156

Legal Risk Green Claims 156

Construction Test

APRIL 28, 2020

Within 72 hours the drugs giant had drafted a COVID-19 clinical trial and submitted it to the US Food and Drug Administration (FDA), a process which normally takes more than three months. . The 400-patient trial will see Calquence given to patients on ventilators and those in intensive care at risk of needing to be intubated.

US 26

US Airports Risk Claims 26

Construction Lawyer

NOVEMBER 8, 2007

In other words, you use the stuff we post here at your own risk. « False Claims lands Engineer in jail | Main. | If they are attorneys, they may be open to a claim for legal malpractice if their client insisted on not using arbitration and they relied on the "default" litigation story. » November 08, 2007.

AIA 40

AIA Documentation Illinois Chicago 40

Autodesk Construction Cloud

JANUARY 7, 2023

Risks and Safety Incidents: Both the unrealized risks and the actual accidents or safety violations are crucial to your later understanding of what happened that day. Prime among them are their roles in legal disputes, specific claims and project team documentation.

Documentation 52

Documentation Construction Legal Mobility 52

Construction Test

APRIL 30, 2020

Sources say the draft guidance was scrapped and will not be implemented. The scoring system was considered in a piece of draft guidance which has now been scrapped, NHS sources say. . Not only would it potentially save more lives, he claims, it would also would help relieve a shortage of the machines. per cent. .

Design 26

Design New York City Guidelines New York 26

Best Practices Construction Law

MARCH 17, 2016

Given the legal risks involved with your superintendents, project managers and other employees, you should should be adequately prepared. 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.

Legal 48

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.

Construction 52

Construction Agreement Claims US 52

Construction Test

APRIL 29, 2020

Sources say the draft guidance was scrapped and will not be implemented. The scoring system was considered in a piece of draft guidance which has now been scrapped, NHS sources say. . Not only would it potentially save more lives, he claims, it would also would help relieve a shortage of the machines. per cent. .

New York City 26

New York City Discrimination New York Guidelines 26

Green Building Law Update

OCTOBER 6, 2019

The credit language is here.

Green 24

Green Estimating Injury Drafting 24

Best Practices Construction Law

NOVEMBER 20, 2019

The contracting officer denied the claim, and the contractor appealed. As appellant concedes, design risk is transferred to contractors in the design-bid context, but not the risk of DSCs. Another lesson learned is the importance of “reasonableness” when drafting or submitting claims.

Site 48

Site Contractors Design Bidding 48

Job Order Contracting

SEPTEMBER 12, 2018

If arc flash labeling is not provided, assume hazard risk category “Dangerous” and perform operations in the following sequence: De-energize equipment 2. If arc flash labeling is not provided, assume hazard risk category “Dangerous“ and perform operations in the following sequence: 1. Remove covers 3. De-energize equipment 2.

Inspections 100

Inspections Equipment Electrical Safety 100

Buisness Facilities Contributed Content

APRIL 15, 2014

CAPCO financing, an alternative to conventional bank financing, can accommodate a slightly higher risk profile and provide a more flexible structure for growing businesses. Internal Revenue Code Credits Adopted by Reference (AS 43.20.021): Under Alaska’s blanket adoption of the IRC, taxpayers can claim all federal incentive credits.

Income 108

Income Finance Zoning Employment 108

Building Information Management

JULY 27, 2016

00 52 33 Agreement Form – Construction Manager at Risk – Stipulated Sum. 00 52 34 Subcontract Form – Construction Manager at Risk – Stipulated Sum. 00 52 36 Agreement Form – Construction Manager at Risk – Cost-Plus. Affidavit of Payment of Debts and Claims Form. Draft Control Fans.

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

00 52 33 Agreement Form – Construction Manager at Risk – Stipulated Sum. 00 52 34 Subcontract Form – Construction Manager at Risk – Stipulated Sum. 00 52 36 Agreement Form – Construction Manager at Risk – Cost-Plus. Affidavit of Payment of Debts and Claims Form. Draft Control Fans.

Equipment 40

Equipment Construction Schedule Concrete 40

Construction Lawyer

NOVEMBER 8, 2007

In other words, you use the stuff we post here at your own risk. The AIA document does not change that, although a more careful drafting of the above-quoted language could have done so. The laws of each state are different and each situation is unique. For example, AIA Document B101, Owner-Architect Agreement, states: § 8.3.1

AIA 40

AIA Documentation Agreement Illinois 40