Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers

Best Practices Construction Law

2) Are day-to-day miscellaneous items compensable even where a party fails to reserve their rights on these type of cumulative claims? Best Practices Case Law Claims Claims and Disputes Legal Trends cause of delay change directive change orders changes clause construction delays cumulative impact lend lease construction no damages for delayIt happens all the time!

Re-Thinking the Compensation Model in Construction

Collaborative Construction

Client''s call, wanting help setting up a collaborative or integrated agreement among key stakeholders for implementing BIM on a traditional hard bid project where they have all already signed a series of traditional legal instruments. And the unfortunate reality is those legal instruments control when, where and how everyone on the team will get paid. BIM implementation is hard. IPD is hard.

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Consider Collectively Bargained Workers' Compensation

Construction Business Owner

Collectively bargained workers' compensation gives building trade unions and union contractors the ability to create their own workers' comp system, tailored to their specific needs. You may have also heard of collectively bargained workers' compensation referred to as "carve outs" in the traditional workers' compensation system.

Workers' Compensation Claims: A Common Employer's Nightmare

Construction Business Owner

Workers’ compensation claims and how to keep them under control have always been a concern for employers. There is no federal workers’ compensation law that addresses workplace injuries. It is a state issue, and each state enacts and enforces its own legal framework. Today, every workers’ compensation claim raises the potential for a variety of workplace laws to come into play

California Contractors Need Workers Compensation Insurance, or else…

Construction Law Monitor

One of my favorite places to find good content and expert opinion regarding construction and legal issues is JDSupra.com. In one of JD’s tweets last week I discovered a very informative article by Matthew Hicks regarding Workers’ Compensation Insurance law and jurisprudence in California. The bottom line here is that all California contractors need to be sure to maintain proper and adequate workers compensation insurance.

Best Practices for Developing a Contractor’s Request for Compensation

Best Practices Construction Law

Recently, Cordell sent me a list of items that all contractors should review when developing a request for additional compensation. Identify any trends and determine whether there is a causal event for any loss of productivity that may be compensable. Prove legal entitlement. You need to paint the right story based upon the facts and use the law to prove your legal entitlement.

Brand Reputation is Number One Reason Businesses Engage in ESG

Greenbuilding Law

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. More than 50% also indicate that ESG is considered in executive team compensation or such is in the planning stage.

Not Just An Old Wives’ Tale: Negotiating “Paid In Full” Check Binds Contractor

Best Practices Construction Law

But I have never really thought about that legal principle because, “People don’t really do that, do they?”. Best Practices Case Law Legal Trends "paid in full" construction law fouches negotiate check release Triangle COnstruction waiver

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Best Practices Construction Law

While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case.

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

Best Practices Construction Law

Final payment does not bar a claim where the contracting officer knows that the contractor is asserting a right to additional compensation, even though a formal claim has not been filed. They say that hindsight is 20/20. Who is they, anyway?

15 Tips For Starting Your Own Roof and Guttering Business

Construction Marketing

Insurance, liability, and workers’ compensation . 9) Legality and Taxes. You can also hire a lawyer to help you out with other legal requirements such as service agreements. Start with General Liability Insurance and the Workers’ Compensation Insurance. .

Attn Contractors: Workers' Comp Costs Likely to Increase Beginning January 1, 2013

Best Practices Construction Law

Over my legal career, I have handled a significant amount of workers' compensation disputes, representing injured employees, defending employers and insurance carriers, and even a few years working for an appellate judge that addressed workers' compensation appeals. The National Council on Compensation Insurance, Inc. is a group that performs national insurance ratings based upon data collection, particularly in the area of worker's compensation.

COVID-19 Liability for Building Owners

Green Building Law Update

And these questions are not unfounded because as of November 1, 2020, legal industry databases of state and federal litigation are tracking more than 6,100 cases involving Covid-19 claims. With Covid-19 spreading across the U.S.

“Paid in Full” Wives’ Tale True? When Endorsing A Check, Yes Ma’am!

Best Practices Construction Law

But I had never really thought about that legal principle because, “People don’t really do that, do they?” Upon completion of the project, the owner sent contractor a check marked “Final Payment,” but the check did not compensate the contractor for its increased construction costs as a result of the delays or for the extracontractual project expansion.

Do Not Pass “Go” You Out-of-State, Unlicensed Contractor

Best Practices Construction Law

For example, Arizona requires a valid license at entry into contract and when cause of action arose; Utah requires a valid license at time of contracting and “[c]ontinuously while performing the work for which compensation is sought”; and North Dakota bars all claims only during a period of time the contractor was not licensed. Case Law Legal Trends contractor violation Dickinson Elks Building licensed contractor lien law quantum meruit Snider Construction

Top 7 Factors Affecting Labor Productivity Losses On A Construction Project

Best Practices Construction Law

When you deal with construction claims, many believe that the largest component of any request for additional compensation is generally labor costs. A compensable loss in terms of labor productivity happens when the contractor uses more hours to complete a given unit of work than it would have used absent the intervening cause. Again, the underlying cause must be compensable for these type of impacts are recoverable. Construction labor is always in the news.

One Awesome Case Discussing The Difference Between Delay and Disruption Damages!

Best Practices Construction Law

Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case. The contract allowed for “delay damages” if the Contractor’s request for those damages “is determined to be compensable.”

UK Court Orders Designer of Award-Winning Box-Jacking Project To Pay $2 Million

ENR Construction

based infrastructure unit of SNC Lavalin Group to compensate the design-build contractor on the East Kent Access Road Phase 2 project for remedial work on the highway and legal costs for deficient work The U.K. Technology and Construction Court ordered WS Atkins, the U.K.-based

Can Active Interference by Owner Invalidate A No Damages for Delay Clause? Sometimes.

Best Practices Construction Law

If you are an owner, you may have an expectation that the contractor is not going to get extra compensation when there are delays to the project. The Town rejected the Contractor’s request for additional compensation. Best Practices Case Law Legal Trends active interference C and H Electric delay damages in construction no damages for delay Town of BethelSome will say that a “no damages for delay” clause is harsh. Well, it depends on which hat you wear.

Active Interference Wins Skee Ball Points and Precludes Enforcement of A “No Damages for Delay” Clause

Best Practices Construction Law

For example, a traditional clause may read as follows: “No claims for increased costs, charges, expenses or damages of any kind shall be made by the Contractor against the Owner for any delays or hindrances from any cause whatsoever; provided that the Owner, in the Owner’s discretion, may compensate the Contractor for any said delays by extending the time for completion of the Work as specified in the Contract.”. * * * * * *.

The Business Purpose of Smart Buildings

Collaborative Construction

Armed with an understanding of the business purpose of the facility, the integrated team then establishes a value proposition for the project that lists the key performance indicators (KPI) that determine the compensation package. the team negotiates an integrated legal agreement that rewards delivery of a project that matches the owner's value proposition.

Legal 100

The Financial Effects Of A Safe Workplace

FDR Safety

This total is made up of the medical costs resulting from an accident, compensation payments for the injured worker, and any legal expenses. To simplify, indirect costs include everything that comes after the medical, legal, and compensation expenses. In my 35+ years of working in the safety industry, I have had one goal each day: Help individuals safely return home to their families. There is no greater benefit of safety than this.

OSHA 131

Contractor Submits “Penny Bid” for Rock Removal and Loses in the End

Best Practices Construction Law

To be clear, the Contractor sought additional compensation based solely on the “additional rock” and not due to some concealed condition. Case Law Contract Docs Legal Trends celco changes clause differing site conditions increased quanti town of avonIn our house of seven children, a penny found on the ground brings laughter and excitement.

The Financial Impact of a Workplace Injury

FDR Safety

This total is made up of the medical costs of an accident, compensation payments for the injured worker, and any legal expenses. To simplify, indirect costs include everything that comes after the medical, legal, and compensation expenses. In my 35+ years of working in the safety industry, I have had one goal each day: Help individuals safely return home to their families. There is no greater benefit of safety than this. This doesn’t mean that it is the only benefit.

Injury 120

Which Insurance Carrier Is Responsible for Damages on a Construction Project? Depends.

Best Practices Construction Law

general liability, builder’s risk, workers’ compensation, professional liability) over different periods of time, there may be a dispute as to which carrier covers the loss. Best Practices Case Law Legal Trends cgl policy coverages defective construction insurance coverage property damageThere are multiple types of insurance coverage for the various risks on a construction project. However, when there are multiple insurance carriers covering the same risk (i.e.,

Contractor Submits “Penny Bid” for Rock Removal and Loses in the End

Best Practices Construction Law

To be clear, the Contractor sought additional compensation based solely on the “additional rock” and not due to some concealed condition. Case Law Contract Docs Legal Trends Uncategorized celco changes clause differing site conditions increased quanti town of avonIn our house of seven children, a penny found on the ground brings laughter and excitement.

constructionattorneyblog: New York allows contractual indemnification

Construction Lawyer

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. >. N & S Building Contractors , has upheld a contractual provision whereby the parties waived the provisions of that states workers compensation act that prohibits contribution or indemnification against employers.

Mr. Ethics - March 2017

Mr Ethics

First, you need to check your state law to determine if your little league donations and cookie purchases are legal. Similarly, if you think the government employee is compensating you for donations and purchases, even if you making them with no remuneration in mind, your actions are still unethical. Dear Mr. Ethics, My company does a lot of public works projects.

Mr. Ethics - March 2017

Mr Ethics

First, you need to check your state law to determine if your little league donations and cookie purchases are legal. Similarly, if you think the government employee is compensating you for donations and purchases, even if you making them with no remuneration in mind, your actions are still unethical. Dear Mr. Ethics, My company does a lot of public works projects.

Mr. Ethics - March 2017

Mr Ethics

First, you need to check your state law to determine if your little league donations and cookie purchases are legal. Similarly, if you think the government employee is compensating you for donations and purchases, even if you making them with no remuneration in mind, your actions are still unethical. Dear Mr. Ethics, My company does a lot of public works projects.

COVID 19 Commercial Building Liability

Green Building Law Update

There are likely intervening issues, including significantly that legal action by employees is almost all barred and claims limited to the workers’ compensation system where the employer has insurance.

ACI Event in Cincinnati for Engineers March 27, 2014

Collaborative Construction

The Legal Framework for BIM What Engineers Need to Know and Why Attention engineers! Engineers asked to deliver a BIM confront a number of practical and legal challenges. How is compensation handled relative to BIM and in an IPD environment? What are the legal implications and or risks associated with delivering BIM?

BIM 109

PFAS in a Phase I Environmental Site Assessment?

Green Building Law Update

The question de riguer in commercial real estate transactions is if PFAS is included in a Phase I Environmental Site Assessment?

Site 156

Can Social Media Help Save Lives?

Constructonomics

Employees are often compensated after accidents but it is usually by paying the out of pocket workers as the accidents occur. This is because if a report found that lives could be saved but at a greater cost than paying compensation then the companies would be put in a position where they have to make the ethical and legal decision to increase safety despite the loss in profit. The power of social media is immense.

Phase l Environmental Site Assessment Standard Being Revised

Greenbuilding Law

We have performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E1527-21 of [insert address or legal description], the subject property.

Site 83

Contracts need risk management

Construction Law

Anecdotally at least, it seems that the idea of remote legal proceedings forced on disputes by the courts being closed might have made parties more inclined to negotiate settlements, and this could at least partly account for the reduction seen in the length of time disputes take to settle.

Risk 52

Integrated Project Insurance v Integrated Project Delivery

Collaborative Construction

Accordingly, IPI is a risk mitigation tool and IPD is a delivery model mounted on a new - and purportedly improved - legal framework. In the US that legal framework is provided by customized contracts, referred to elsewhere as bespoke contracts, or form integrated agreements offered by ConsensusDocs or the AIA. The bottom line is that the legal framework required to support IPI and IPD must be customized to fit the needs of the project and the integrated team delivering the project.

25 HR Compliance Terms to Know for 2018

ClearCompany HRM

Indirect Compensation: Compensation that is not paid directly to an employee and is calculated in addition to base salary and incentive pay (i.e. Misclassification of Employees as Independent Contractors: Classifying a non-contract employee as an independent contract employee to deny employees access to benefits and protections they are entitled to by law, such as minimum wage, overtime compensation and family and medical leave.

Better Manage Construction Costs Schedules and Quality

Job Order Contracting

The errors and poor processes result in change orders, project delays, and legal disputes. Over eighty percent (80%) of construction projects are over-budget, late, or not competed correctly. Sixty (60%) percent of all project fail to meet both cost and and schedule targets.

Difference Between Tort and Contract | What Is Tort |  What Is Contract | What Is Contract Law | What Is Tort Law

CivilJungle

A tort , in common law jurisdiction, could be a tort (other than a breach of contract) that causes an applicant to suffer loss or hurt, leading to legal liability for the one that commits the act. A tort is a wrong act which requires legal action. Introduction of Tort Vs Contract.