article thumbnail

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. One step beyond being organized, system owners should also review the O&M plan. Reposted from Solar Power World with permission.

Claims 52
article thumbnail

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
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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.

article thumbnail

How To Negotiate A Higher Credit Limit With Your Building Material Supplier

Levelset

Provide a plan. Often you can request an increase in credit by showing the supplier how you plan to repay it. Levelset’s Contractor Profiles provide information on a contractor’s payment history, lien claims, and reviews from other contractors and suppliers. Get materials now, keep your cash. Learn More.

article thumbnail

Construction Law: March 2024

Construction Law

Analysis Courts upholding planning permissions against judicial review applications Judicial review applications have not been having a successful time in the courts recently, with several high profile attempts to halt infrastructure projects having been refused this year. A key difference is the time during which claims can be made.

article thumbnail

7 Things Contractors Need to Know About Retainage

Fieldwire

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.

article thumbnail

Provide Notice (and 10 Other Tasks) When Pursuing a Construction Claim

Best Practices Construction Law

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. Review the contractor’s plan of work.

Claims 48