Construction Law Monitor

FEBRUARY 10, 2012

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. For further reading see Wesley E.

Compensation 58

Compensation Insurance California Contractors 58

Best Practices Construction Law

SEPTEMBER 4, 2014

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.

Compensation 54

Compensation Claims Change Orders Legal 54

ENR Construction

NOVEMBER 26, 2019

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. Technology and Construction Court ordered WS Atkins, the U.K.-based

Compensation 62

Compensation Design Legal Roads 62

Levelset

SEPTEMBER 19, 2022

First-party insurance provides compensation directly to the insured individual or business, whereas third-party insurance provides reimbursement to another party when the insured person or business is liable for damages. First-party insurance provides compensation directly to the insured individual or business.

Insurance 52

Insurance Liability Compensation Claims 52

Green Building Law Update

JULY 25, 2021

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. 9601) and petroleum products.” Importantly, the ASTM E1527 is recognized by the U.S. of this report.

Site 296

Site Drafting United States Regulation 296

Construction Enquirer

MAY 25, 2023

Compensation payments’ with an aggregate value of £700,000 (excluding VAT) were paid to Brown and Mason by two competitors in return for Brown and Mason’s participation in the anti-competitive agreements. Some firms produced false invoices to hide this part of the illegal behaviour.

Bidding 75

Bidding Compensation Contract Security 75

Best Practices Construction Law

SEPTEMBER 29, 2020

But I have never really thought about that legal principle because, “People don’t really do that, do they?”. Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of whatever was owed. Fouches and Assoc.,

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Green Building Law Update

NOVEMBER 28, 2021

Does your company consider ESG metrics in executive compensation? ESG has become such a large component of my law practice that I am now collaborating with a fabulous group of attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm “powering sustainability for tomorrow’s business.” yes, this blog will continue).

Regulation 156

Regulation Legal Consulting Maryland 156

Construction Marketing

JUNE 20, 2022

Whoever is responsible for breaching their duty of care should compensate for the injuries. Going through the legalities of such issues can be complex, so working with a personal injury attorney In Englewood would be a good starting point. . If the construction company fails to keep the site safe, they could face liability.

Site 156

Site Injury Construction Safety 156

Best Practices Construction Law

SEPTEMBER 24, 2020

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.”.

Claims 118

Claims Compensation Contract Contractors 118

Green Building Law Update

JANUARY 30, 2022

12% of companies consider ESG metrics in executive compensation. ESG has become such a large component of my law practice that I am now collaborating with a group of daring, innovative and creative attorneys in ESG Legal Solutions, LLC, a boutique ESG driven non-law and consulting firm “powering sustainability, today, for tomorrow’s business.”

Statistics 156

Statistics Regulation Legal Profitability 156

Mr Ethics

MARCH 22, 2017

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.

Compensation 100

Compensation Legal Organization Construction 100

Mr Ethics

MARCH 22, 2017

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.

Compensation 100

Compensation Legal Organization Construction 100

Mr Ethics

MARCH 22, 2017

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.

Compensation 100

Compensation Legal Organization Construction 100

Levelset

AUGUST 31, 2022

They offer a full range of business insurance policies, including general liability, commercial auto, workers’ compensation, and umbrella. Policies offered include general and professional liability, workers’ compensation, commercial auto, and tools and equipment. And they offer risk specialists to help your business minimize losses.

Insurance 52

Insurance Liability Compensation Construction 52

Best Practices Construction Law

MARCH 10, 2020

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. The Government’s final payment defense is an affirmative defense on which the Government bears the burden of proof. ” So what?

Claims 62

Claims Compensation Overhead Defense 62

Job Order Contracting

FEBRUARY 20, 2021

The errors and poor processes result in change orders, project delays, and legal disputes. The fundamental reason for poor outcomes is the failure to implement and properly manage robust and integrated LEAN planning, procurement, and project delivery processes. are all defined.

Schedule 163

Schedule Management Procurement Construction 163

Levelset

SEPTEMBER 14, 2022

Medical expenses, property damage, and legal defense costs can grow quickly. An uninsured business would likely not have the financial resources to pay a large legal settlement. Workers compensation insurance. These damages would then have to be paid from the assets of your business. . Employment practices liability.

Insurance 98

Insurance Liability Claims Injury 98

Job Order Contracting

OCTOBER 11, 2017

Changing work flows and business relationships, restructuring how organizations interact and are compensated is a requirement. LEAN AECOO / Facilities Management will eventually become the norm, if not a legal requirement. LEAN AECOO impacts on every element of thinking, work, and business models.

BIM 100

BIM Life Cycle Legal Management 100

Levelset

OCTOBER 14, 2022

In this respect, general liability insurance or workers’ compensation could help cover those costs if an incident should occur. . Workers’ compensation insurance should be in place to help defray the costs of employee medical treatments. Each field of subcontracting work has its own area of focus in insurance matters.

Insurance 52

Insurance Liability Injury Compensation 52

Green Building Law Update

JANUARY 31, 2021

9601) and petroleum products.”. The term “recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property.”. “. a substance defined as a hazardous substance pursuant to CERCLA 42 U.S.C.§9601(14),

Site 156

Site Commercial United States Regulation 156

CivilJungle

DECEMBER 26, 2020

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. It enforced that party who got affected to go for legal action. What Is Tort?

Contract 52

Contract Liability Legal Injury 52

Levelset

SEPTEMBER 8, 2022

It can pay for medical costs and legal fees. This coverage protects businesses from third-party lawsuits and pays legal fees for the defense of allegations of slander or libel. For example, if an engineer makes a mistake in designing a wall, and the wall collapses, this coverage will help pay for the legal defense of the claim.

Liability 52

Liability Insurance Claims Legal 52

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?” Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of what was owed.

Claims 83

Claims Mississippi Legal Compensation 83

Green Building Law Update

JUNE 28, 2015

And the government should not take the rain falling on private property without just compensation. Governments from Maryland to Colorado now regularly take the position that collecting precipitation is not legal, as a diversion of rainwater before it enters a water course. ” McNaughton v. Eaton, 1952.

Albuquerque 120

Albuquerque Tucson Utah Maryland 120

Green Building Law Update

JUNE 28, 2015

And the government should not take the rain falling on private property without just compensation. Governments from Maryland to Colorado now regularly take the position that collecting precipitation is not legal, as a diversion of rainwater before it enters a water course. ” McNaughton v. Eaton, 1952.

Albuquerque 120

Albuquerque Tucson Utah Maryland 120

Construction Marketing Ideas

APRIL 11, 2016

Should someone I know well (an 18-year-old) sign a legal waiver document before going to work on a residential renovation site? The individual here is young adult and legally can make his own decisions. I told him, however, that he should not sign any legal waivers here.

Regulation 48

Regulation Legal Compensation Insurance 48

Best Practices Construction Law

APRIL 28, 2015

In the legal world, words have meaning. Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. Take, for example, the world of changes in the construction context.

Change Orders 48

Change Orders Claims Compensation Contract 48

Revit OpEd

DECEMBER 22, 2017

Modification of limitation on excessive employee remuneration: Under current law, an employer generally may deduct reasonable compensation for personal services as an ordinary and necessary business expense. Code Section 162(m) limits the deductibility of compensation expenses in the case of publicly traded corporate employers.

Employment 85

Employment Compensation Agreement Income 85

Green Building Law Update

NOVEMBER 21, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group of attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm “powering sustainability for tomorrow’s business.” 9601) and petroleum products.”. But importantly, the new ASTM E1527-21 is Not yet recognized by the U.S.

Site 156

Site Liability United States Green 156

Best Practices Construction Law

NOVEMBER 2, 2012

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.

Compensation 48

Compensation Insurance Claims Employment 48

Levelset

JUNE 29, 2022

The much bigger cause for financial concern is workers’ compensation insurance. Workers’ compensation insurance. Because construction is a dangerous industry, workers’ compensation insurance is expensive even without an OSHA violation on your record. Legal fees. On-demand legal help you can afford. Learn more.

OSHA 52

OSHA Inspections Construction Safety 52

Levelset

SEPTEMBER 30, 2022

If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . And while it’s not a legal requirement in most cases, in some states it may be required to get licensed. Does a carpenter need insurance? Carpentry is a diverse occupation.

Insurance 52

Insurance Liability Accidents Injury 52

Safety Services Company

FEBRUARY 13, 2024

Staying current through the annual update is essential for contractors to legally and safely conduct work on regulated properties and projects. Answer: EMR (Experience Modification Rating) is the calculation by insurance firms resulting from the cost of workers’ compensation insurance based on the level of risk.

FAQ 74

FAQ Contractors Management OSHA 74

Federal Construction Contracting Blog

SEPTEMBER 28, 2021

This includes support roles like human resources, billing, and legal review. Are Contractors Entitled to Additional Compensation? However, if the new clause is incorporated into an existing contract through a modification, or when an option is exercised or an extension is made, contractors should be entitled to compensation.

Contractors 40

Contractors Contract Compensation Subcontracting 40

Pro Builder

DECEMBER 7, 2022

These exits weren’t just about compensation, either. He called for an all-hands, industrywide effort to bolster training, compensation, diversity, and productivity. And, as a result, to appear to be doing more than trying to fill a 50-gallon barrel using an eye dropper.

St. Louis 98

St. Louis Retail Industrial Compensation 98

Construction and Infrastructure Law

FEBRUARY 6, 2018

requires businesses using workers provided by a staffing firm to share “all civil legal responsibility and civil liability” for wage payments and workers’ compensation coverage. Section 2810.3

California 49

California Contractors Liability Employment 49