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Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

Best Practices Construction Law

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment. In Appeal of Matcon Diamond, Inc. 59637 (Feb.

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Unabsorbed Overhead: Real or Phantom Damages?

Construction Dive

By Bruce Jervis Unabsorbed home office overhead has long been a controversial form of delay damages. Project owners complain that these are phantom damages used to inflate delay claims. Project owners complain that these are phantom damages used to inflate delay claims.

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Valid Construction Cost Estimate Creation

Job Order Contracting

Any professional construction cost estimator worth their salt will not talk about “accuracy” In fact, it may be best to avoid any person or vendor that makes claims about the accuracy of their estimate or cost information. The reason is simple, an estimate, by nature, is an approximation. Roles and responsibilities.

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Maintaining the Distinction Between Profit and Overhead Mark-Ups

Construction Dive

Lost overhead billings are generally not recoverable. The overhead would have been an indirect cost of performing the contract. It is important to maintain the distinction between profit and overhead mark-ups, but this is not always done. The wrongfully terminated contractor did not perform that work or incur those costs.

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Pricing of Construction Claims and Change Orders

Construction Dive

By Paul Levin Pricing of claims and change orders falls into two categories: forward pricing, where the price and time is negotiated before the work is done; and post pricing -- pricing and schedule adjustments made during or after performance of the work. Many different methodologies have been used to successfully price claims.

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5 Unique Challenges Manufacturing Companies Will Face In 2023

Construction Marketing

According to a Global Manufacturing Competitiveness Index report , more than 30% of CEOs interviewed claimed they had encountered a considerable interruption in the supply chain in the last few years due to variables such as taxes, new rules, pandemics, and natural disasters.

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FTC Warning about Green Certification Seals

Green Building Law Update

In 2012, the FTC issued updated Green Guides for the Use of Environmental Marketing Claims , 16 C.F.R. The Green Guides provide businesses with detailed information about how to make non-deceptive environmental marketing claims, including through environmental certifications and seals of approval. Section 260.6(d). Section 260.6(e).