Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

Lets Build

MAY 5, 2022

For construction companies, it can also significantly increase profitability and maximise legal compliance. That’s especially valuable considering the overlapping rafts of regional, national, and global legalities any construction company has to navigate. This puts you in a stronger position to negotiate a cost-effective outcome.

Inspections 148

Inspections Software Software Documentation 148

Fieldwire

AUGUST 14, 2023

Retainage is up for negotiation Retainage is not set in stone. Every contract is negotiable, including what percentage is retained and for how long. BLOG How to Streamline Construction Processes from Planning to Payments Learn more → In addition, the same contract has a provision for negotiating variable retainage.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

Lien 71

Lien Claims Massachusetts Contract 71

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

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 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. Legal scholars can have at it. And the dollar amount of those claims is increasing. And always consult your attorney before signing.

Green 120

Green Contract Documentation Claims 120

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

Colorado 52

Colorado Tennessee Claims Contract 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities. For this reason, contractors need to be careful with the GMP agreement and negotiate terms to protect themselves.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Best Practices Construction Law

NOVEMBER 6, 2019

When the subcontractor was delayed, it submitted claim for $42,00 for the 21 days of delay damages. The contractor responded to that letter: “Execution of the Waiver and subsequent cashing of the check will not affect your ability to initiate and prosecute your claim against [us.” Wright & Morrisey, Inc. ,

Vermont 54

Vermont Lien Claims Negotiation 54

NH Construction Law

FEBRUARY 25, 2023

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle. Don’t count on it. REI Service Corporation , No.

Banking 40

Banking Inspections Construction Lien 40

Best Practices Construction Law

MAY 9, 2016

The modern legal trend favors apportionment of liquidated damages where there is owner-caused delay, in particular where the liquidated damages clause provides a mechanism to extend the contract completion date, thereby reducing potential liquidated damages for delays not attributable to the contractor. Document your claims.

Contractors 48

Contractors Connecticut Claims Contract 48

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. Prove legal entitlement.

Compensation 54

Compensation Claims Change Orders Legal 54

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. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

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. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Law

JUNE 9, 2020

Legitimate disruption and delay costs should be secured by contract but careful records will have to be kept of all of this, itself another expense, as clients will not be paying out on claims without solid proof.

Contract 52

Contract Site Claims Contractors 52

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. ” In re Estate of Kelly , 130 N.H. 773, 781 (1988).

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction and Infrastructure Law

JANUARY 9, 2020

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. 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

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. A contract doesn’t have to be long and confusing to be effective, practically or legally. From project scope to warranty details, here are the basics of a simple but effective (and legal) contract for specialty trade work. .

Contractors 98

Contractors Contract Legal Change Orders 98

Construction and Infrastructure Law

JANUARY 9, 2020

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. 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

Construction Marketing Ideas

FEBRUARY 22, 2015

The Nebraska-based lawyer, of course, writes about legal issues with a focus on Nebraska rules — but he has designed the blog/message so that it is relevant to readers far away from the state where he works. Therefore, it is difficult to negotiate with them as we would with another contractor. Craig Martin.

Contract 48

Contract Construction Claims Legal 48

Levelset

SEPTEMBER 6, 2022

The policyholder will also have certain duties to perform if an insurance claim is incurred and reported. Though not common, large and complex claims do occur. In light of the current legal environment, construction or repair contracts will require the naming of additional insureds. Using a wrap-up to extend coverage.

Insurance 52

Insurance Liability Construction Contract 52

Best Practices Construction Law

MAY 22, 2018

Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage.”. In the a regularly cited case, United States Steel Corp.

Claims 48

Claims Contract Railroad Missouri 48

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. Mealey’s: What, if any, events had an impact on the global economy that have led to increased filings?

Claims 40

Claims Insurance Bankruptcy Legal 40

FDR Safety

MARCH 19, 2020

Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights. Unlike non-supervisory employees, the statements and admissions of a supervisor may legally bind the company.

OSHA 156

OSHA Inspections Conference Employment 156

Job Order Contracting

OCTOBER 18, 2016

The owner estimate or detailed analysis must be completed before receipt of the Contractor’s proposal and before negotiations take place. The owner estimate will be used to evaluate the reasonableness of the Contractor’s proposal and will serve as the owner’s pricing and quantity objective during negotiations.

Contract 100

Contract Procurement Negotiation Project Management 100

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. Courts across the country vary in their treatment of these issues. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

Constructlaw

JUNE 30, 2021

However, since these are not only intracompany concerns, it is critical to keep these issues in mind for current projects and when negotiating future contracts. The above points provide a small sample of the many potential areas you might want to consider in negotiating new contracts.

Site 52

Site Pennsylvania Employment California 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. These negotiations must precede the JO award/approval and are not allowed on a Change Order basis. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE.

Contract 100

Contract Organization Change Orders Overhead 100

Construction Marketing Ideas

FEBRUARY 13, 2016

He then outlines some specific areas of relevance: Some are focussed on Georgia legal rules, but as he notes in his posting, the concepts can be adapted anywhere. Negotiate/Review Your Contracts. Payment Bond Claims. Mechanics & Materialmen’s Liens/Payment Bond Claims. Shore Up Your Credit Applications.

Georgia 48

Georgia Lien Contract Construction 48

Help Everybody Everyday

MARCH 6, 2009

. “No damages for delay” clauses that remove your ability to claim actual damages for delay beyond your control and imposed by an upstream party. Language that puts artificial limits on your ability to make a claim, including allowing the upstream party or its agent to be the judge of your claim’s validity.

Contract 48

Contract Claims Legal Lien 48

Job Order Contracting

OCTOBER 25, 2017

Other authorities in the organization must participate in its development to ensure that all objectives and interests are met (examples: legal, quality assurance, small business, building users, planners). Technical, purchasing, and legal personnel attend the conference. Negotiations and Source Selection. Competitive Range.

Contract 100

Contract Contractors Conference Plans 100

Construction Test

MAY 7, 2020

The majority of the squad are yet to agree terms and have also rejected furlough proposals after seeking legal and financial advice. Purvis advised: ‘The more of you who don’t agree, the stronger negotiating position you should find yourself in.’ .

Employment 26

Employment Negotiation Agreement Legal 26

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. With labor Pools they take care of all of that and you pay a fixed cost per hour or whatever you negotiate with the service. Or The Hard Way.

Insurance 48

Insurance Construction Accounting Claims 48

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. With labor Pools they take care of all of that and you pay a fixed cost per hour or whatever you negotiate with the service.

Contractors 48

Contractors Insurance Claims Lien 48