Best Practices Construction Law

JANUARY 8, 2015

2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project. The government filed a counter-claim alleging fraud and other violations.

Claims 48

Claims Transportation Contractors Memphis 48

Constructlaw

MARCH 10, 2023

a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.

Connecticut 52

Connecticut Subcontracting Claims Travel 52

Construction Marketing

JULY 11, 2022

The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. Depending on the licensing and permitting requirements of the licensing body, you might need bonds for each state or city in which you perform work.

Contractors 156

Contractors Legal Bidding Contract 156

Green Building Law Update

OCTOBER 16, 2016

The roundtable will explore interpretations of organic claims for products that fall outside the scope of the USDA’s National Organic Program (which potentially includes everything from cannabis to shampoo and building materials to dry cleaning, all of which are outside of USDA’s voluntary Program).

Organization 120

Organization Claims Green Products 120

Pro Builder

MARCH 31, 2021

Icon, a Texas-based 3D home printing company, created the country’s first fully permitted, fully 3D-printed home. These concrete layers claim to be sturdier than timber, faster, and cheaper. . 3D-Printed Houses are Popping Up in America—the Moon Might Be Next. cbroderick. Wed, 03/31/2021 - 09:48.

America 119

America Housing Texas Concrete 119

Constructlaw

OCTOBER 12, 2022

In a subsequent bench trial, the court denied Silvi’s CASPA claim, finding that Carney had withheld payment in good faith. Silvi asserted that the trial court abused its discretion in denying its CASPA claim. Silvi also argued that Carney hadn’t proven that the amount it withheld was reasonably related to the value of its claim.

Pennsylvania 52

Pennsylvania Claims Concrete Contract 52

Constructlaw

DECEMBER 7, 2020

The Army Corps of Engineers denied a construction permit for Alaska’s Pebble Mine project to proceed in accordance with the Clean Water Act (CWA). [1] The project’s developers applied for a permit under the CWA, requiring the Army Corps to assess the project’s potential impact on nearby bodies of water. 1] Letter from David S.

Permits 40

Permits Resource Claims Plans 40

Constructlaw

APRIL 20, 2023

FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). FE&C’s amended complaint also included claims for violation of the Tennessee PPA. For claims sounding in contract, Tennessee applies the law of the state where the parties executed the contract.

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Green Building Law Update

OCTOBER 11, 2020

Like a number of other state and local governments, Baltimore City filed this action against energy companies in Maryland state court, seeking to recover damages under state law for harms that it claims it has sustained and will sustain due to global climate change. 1442, or the civil-rights removal statute, 28 U.S.C.

Baltimore 207

Baltimore Maryland Claims Connecticut 207

Levelset

JULY 21, 2022

In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts. The surety company is responsible for requesting reimbursement from the contractor after a claim payout has been made on the contractor’s behalf. Obligees can file a claim for: Failing to pay licensing or other fees.

Contractors 52

Contractors Claims Oregon Residential 52

Construction Lawyer

SEPTEMBER 3, 2014

The owner moved for summary judgment on the copyright claim on the basis that it had an implied nonexclusive license to use the drawings. Part of the lawsuit contained allegations by the architect that the owner and its new architect violated the architect’s copyright. The court held that the AIA contract did not apply.

Agreement 45

Agreement Claims AIA Contract 45

Best Practices Construction Law

MARCH 5, 2018

Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. While the court’s decision focused on the type of allegations necessary to prove fraud on the FCA, the opinion is instructive to avoid FCA claims. Jesse Sloan v.

Claims 63

Claims Certification Fabrication Inspections 63

Constructlaw

JUNE 21, 2022

They sued Taylor, claiming that their home was defectively constructed, causing moisture problems, which led to mold growth. They supported their contention by offering the AAA’s Construction Industry Arbitration Rules and Mediation Procedures, which indicated that for claims over $1 million, the initial filing fee totaled $14,700.

Agreement 52

Agreement Texas Claims Contract 52

Green Building Law Update

OCTOBER 11, 2013

" In July 2010, defendant applied for a permit to remove 15 dead ash and elm trees, two oak trees (to which defendant was allegedly allergic), and one birch tree. The law provides a process by which a property owner can seek a retroactive application for a permit to remove trees and an exception to any other requirement of the law.

Claims 120

Claims Permits Compensation New York 120

Job Order Contracting

JULY 28, 2021

B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work. The Torres Case. Torres Construction Corp.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Green Building Law Update

NOVEMBER 20, 2016

Department of Agriculture claims it controls “organic” agricultural and because marijuana is a Schedule I drug under the federal Controlled Substances Act of 1970, federal policy does not permit cannabis, a federally banned substance, to be labeled as organic. But the U.S. Organic marijuana Verdant Checked cannabis is coming.

Organization 120

Organization Certification Claims Sustainability 120

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

Construction Law Monitor

JANUARY 27, 2011

Whether the Oregon Residential Building Code sets forth a standard of care independent from the contract between a property owner and a contractor or subcontractor, and thus permits imposition of negligence liability, when the parties’ contract expressly requires compliance with all building codes.

Oregon 44

Oregon Claims Liability Contract 44

Federal Construction Contracting Blog

JUNE 7, 2022

As two recent Armed Services Board of Contract Appeals (the Board) decisions involving contractor claims for COVID-19-related costs illustrate, the distinction between these two roles can make or break a contractor’s claim. As the Court of Claims in Jones v. The CO denied the claim and the contractor appealed.

Defense 59

Defense Contract Claims Contractors 59

Construction Equipment

SEPTEMBER 19, 2014

According to Reuters, although housing starts and permits were down in August, July''s robust gain was revised upward. The number of claims for U.S. housing and labor market figures point to continued improvement in both areas. jobless benefits also declined more than expected.

Housing 48

Housing Permits Claims US 48

NH Construction Law

MARCH 26, 2022

During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.” The basic one is found in Section 3.5.1, ” Section 3.9.1

Contract 40

Contract EJCDC Documentation Claims 40

NH Construction Law

APRIL 26, 2022

2018) (“The purchaser of a newly constructed home may not pursue a claim for breach of an implied warranty of habitability against a subcontractor where there is no contractual relationship.”). Still other courts allow homeowners to bring negligence claims against subcontractors regardless of recourse against the builder-vendor.

Subcontracting 40

Subcontracting New Hampshire Claims Illinois 40

Construction Junkie

APRIL 30, 2020

By entering any contest, entrants agree to waive any and all claims against Contest Entities for personal injury, damage or loss of any kind which may result from participation in the Contest or from the receipt, enjoyment, ownership or use of any prize. Limit: One Prize per person/family/household.

Autodesk 52

Autodesk Claims Injury Liability 52

Construction Junkie

APRIL 29, 2020

By entering any contest, entrants agree to waive any and all claims against Contest Entities for personal injury, damage or loss of any kind which may result from participation in the Contest or from the receipt, enjoyment, ownership or use of any prize. Limit: One Prize per person/family/household.

Milwaukee 52

Milwaukee Claims Injury Liability 52

Construction Junkie

APRIL 28, 2020

By entering any contest, entrants agree to waive any and all claims against Contest Entities for personal injury, damage or loss of any kind which may result from participation in the Contest or from the receipt, enjoyment, ownership or use of any prize. Limit: One Prize per person/family/household.

ProCore 52

ProCore Claims Injury Liability 52

Construction Junkie

APRIL 28, 2020

By entering any contest, entrants agree to waive any and all claims against Contest Entities for personal injury, damage or loss of any kind which may result from participation in the Contest or from the receipt, enjoyment, ownership or use of any prize. Limit: One Prize per person/family/household.

Claims 52

Claims Injury Liability United States 52

Construction Junkie

APRIL 27, 2020

By entering any contest, entrants agree to waive any and all claims against Contest Entities for personal injury, damage or loss of any kind which may result from participation in the Contest or from the receipt, enjoyment, ownership or use of any prize. Limit: One Prize per person/family/household.

Claims 52

Claims Injury Liability United States 52

Lets Build

MAY 11, 2022

Even though the owner might state which items qualify as prelims, it’s the contractor’s responsibility to claim the amounts for each of those items—they’re in the best position to estimate preliminary costs. What are prelims?

Contract 144

Contract Construction Site Accounting 144

Autodesk Construction Cloud

JULY 12, 2022

When the design process is complete, teams would need to submit the documents to the city in order to secure the necessary building permits. In any case, the preconstruction team is in charge of ensuring that permits are obtained. . Maybe the contractor is waiting for the city to issue a permit.

Plans 52

Plans Documentation Schedule Risk 52

Construction Dive

JUNE 12, 2013

Featured in this Week’s Construction Claims Advisor:Environmental Permits Took Precedence over DrawingsState Residence Preference Law Did Not Preclude Local Bid PreferenceAttempted Certified Mail Delivery Met Notice Requirement' This is accomplished by stipulating, in descending order, which documents take precedence over others.

Documentation 48

Documentation Permits Contract Claims 48

Constructlaw

SEPTEMBER 10, 2020

Video conferences eliminate travel time and permit people to participate who would normally not be able to meet in person, due to distance or other commitments. It is easier to be successful in your claim if it is well-documented. Once over the initial “discomfort” with using virtual platforms such as Zoom, Skype, BlueJeans, etc.,

Industrial 52

Industrial Union Contract Claims 52

cnstrctr

JUNE 23, 2019

I hear alot of people these days claiming that drone technology in construction will revolutionize the industry, but when I spend time on jobsites it’s rare that it’s actually being implemented. Why the disconnect between media and actual jobsites? Drones for Progress Tracking and Aerial Photography.

Construction 60

Construction Permits Industrial Claims 60

NH Construction Law

MAY 20, 2023

Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Dive

JANUARY 29, 2014

By Bruce Jervis The “Permits and Responsibilities” clause is found in every federal construction contract. It requires contractors, at no additional expense to the government, to comply with any federal, state, or municipal law, code, or regulation applicable to the performance of the work.

Regulation 52

Regulation Contractors New Hampshire OSHA 52

Green Building Law Update

FEBRUARY 4, 2018

This is important because all Clean Water Act programs, including non-tidal wetland permits, pollution permits, and oil spill prevention and planning programs, apply only to “waters of the United States.” But claims that this somehow allows water to be polluted is not only not true, but the height of junk science.

United States 120

United States Regulation Permits Legal 120

Natural Building

JULY 26, 2022

There are many builders who claim to be aiming for some definition of “net zero.” In Build Beyond Zero: New Ideas for Carbon-Smart Architecture, they claim that our buildings should actually help repair the climate. ” Bruce King and Chris Magwood start off their new book by stating that zero is not enough.

Life Cycle 52

Life Cycle Materials Architecture Drawings 52

Construction Dive

FEBRUARY 5, 2014

Featured in this Week’s Construction Claims Advisor:Total Cost Method Not Allowed on Unit-Priced Work in Absence of Known QuantityContractor Should Have Anticipated Permitting RequirementsPrior Employment Disqualified Architect from Design-Build Team' A recent decision by a federal administrative board adds another wrinkle.

Bidding 48

Bidding Permits Claims Documentation 48