FIDIC Suite of Contracts
The Constructor
APRIL 16, 2022
The International Federation of Consulting Engineers (FIDIC, French: Federation Internationale des Ingenieurs-Conseil) drafts and publishes the FIDIC.
Construction Law: June 2024
Construction Law
JUNE 3, 2024
News Our regular news round up focusses on a disputes survey that suggests artificial intelligence will have an impact on contracts sooner than many think; a Labour Party plan that involves scrapping the IPA and the NIC; and a landmark legal victory for the government that forces a freeholder to fix serious building safety issues in a tower block.
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5 Legal Documents All Construction Business Owners Should Use
Construction Business Owner
APRIL 26, 2018
Have you ever spent hours drafting a contract, only to discover that there is already a standard contract that would have worked well, or at least given you a good starting point? The following five standard legal agreements are worth considering to help clean up your contract processes.
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Construction Classification Criticality – A Draft White Paper
Job Order Contracting
AUGUST 6, 2016
Construction Classification Criticality. Architecture, Engineering, Construction, Facilities Management, & Life-cycle Management of the Built Environment. Classification Criticality – Architecture, Engineering, Construction, & Life-cycle Facility Management.
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Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages
Constructlaw
OCTOBER 6, 2022
The town of New Milford (Town) contracted with Standard Demolition Services, Inc. The Town filed suit against the Contractor for breach of contract to which the Contractor responded with multiple counterclaims. Contractor) to perform the third phase of this cleanup and remediation.
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New Sustainable Projects Exhibit in 2017 AIA Contract Documents
Green Building Law Update
MAY 7, 2017
Last week the American Institute of Architects released the 2017 edition of the A201 family of contract documents, including updated versions of the AIA’s documents developed for the design-bid-build delivery model. The previous version of the design-bid-build contract documents included a Sustainable Project version.
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Construction Companies Planning to Include Anti-Bias Clauses in Their Contracts
Pro Builder
OCTOBER 26, 2022
Construction Companies Planning to Include Anti-Bias Clauses in Their Contracts. Construction jobsites are getting plenty of attention lately, but not all of it is positive. Construction companies are drawing public attention after accounts of racist and sexist incidents continue to come to light. Wed, 10/26/2022 - 11:37.
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Standard Arbitration Clause for Construction Contract
Constructlaw
DECEMBER 7, 2022
Troutman Pepper Partners Albert Bates and Zach Torres-Fowler published a Thomas Reuters Practical Law guide for drawing construction arbitration clauses. or international construction agreement to agree to arbitration of disputes. The document details a Standard Clause providing sample language for the parties to a domestic U.S.
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Construction Law: Jan/Feb 2024
Construction Law
FEBRUARY 2, 2024
News Our regular news round up features cost plus contracts being blamed for HS2 cost overruns; details of a new Transformation Delivery Partner contract from National Highways; and a Civil Nuclear Roadmap that backs a revived nuclear building programme. Arbitration The SIAC Rules, 7th Edition: Faster, Better, Cheaper?
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LEAN Job Order Contracting Intro 3
Job Order Contracting
AUGUST 8, 2017
LEAN Job Order Contracting Intro 3 – Hoe to provide focus upon best value, quality, timeliness, and reasonable cost, assuring overall satisfaction. LEAN Job Order Contracting Intro 3. Learn more about LEAN Job Order Contracting Intro 3 … Job Order Contracting – JOC Articles . because more is accomplished.
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Job Order Contract Task Order
Job Order Contracting
APRIL 28, 2017
Phases of a Job Order Contract Task Order. As a the most widely used LEAN construction delivery method, Job Order Contracting can deliver multiple benefits, including the consistent delivery of over 90% of projects on-time, on-budget, and to the satisfaction of all participants and stakeholders. Job Order Contract Task Order.
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100 #130: Secured Lenders' Rights to Construction Contract Payments
NH Construction Law
OCTOBER 22, 2023
It happens this way: A contractor or subcontractor borrows money from a lender, and as security for the loan it gives the lender an assignment of or lien on its receivables and contract rights. Suffolk Construction Co. , Otherwise all construction contracts would have such a clause, thwarting the lender’s statutory rights.
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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts
Best Practices Construction Law
NOVEMBER 21, 2019
As you may be aware, one of the greatest risks on a construction project involves the payment process. Turner Construction Company , the U.S. The work involved the construction of the Granby Tower Project in Norfolk, Virginia. The owner ultimately lost its construction financing on the project and abandoned the development.
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Construction is NOT complex…. People are. Successful Construction Project Delivery Requirements
Job Order Contracting
MARCH 6, 2021
Successful Construction Project Delivery, whether repair, renovation, maintenance, or new builds, can only be consistently achieved with a primary focus upon People… then Process, Information, and enabling Technology. The post Construction is NOT complex… People are.
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FEDRAMP is Hindering Facilities Management in the Federal Sector
Job Order Contracting
FEBRUARY 17, 2024
As you can imagine, the Government contracts with a lot more than that for SaaS solutions ( [link] ). Here is a draft memo from OMB regarding FEDRAMP revisions, that: [link]. Since that time, it has failed to keep pace with evolving technologies and methods. #2 Please review the following which clearly support this fact.
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You Can’t Treat Construction Claims Like Your Grandkids
Best Practices Construction Law
JUNE 16, 2022
In construction, however, some courts have held that the type of contract delivery method do not change the treatment of the other contract clauses, such as the applicability of a differing site conditions clause. 25, 2018) involved the construction of a biolab facility at Fort Detrick, Maryland. Appeal of John C.
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Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!
Best Practices Construction Law
AUGUST 10, 2017
In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. Or when parties use the word “may” in their contract, performance is permissive or optional given the plain meaning of the word. And you don’t always mean what you say. The word “may” was permissive in nature.
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An Introduction to the Different Types of Construction Drawings
Autodesk Construction Cloud
JANUARY 3, 2023
Anyone who works in the construction industry is intimately familiar with different types of construction drawings. Here’s a simple primer for understanding the differences and the roles each type of drawing plays in the construction process. What Are Construction Drawings? But can you define the differences between them?
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LEAN Construction Delivery, The Primary Challenge to BIM
Job Order Contracting
FEBRUARY 7, 2017
LEAN Construction Deliver is the primary challenge to BIM adoption. Focus upon technology will do little to improve construction or facilities management outcomes. AEC Best Value Construction and Facilities Operational Exellence- Position Paper. Collaboration In Construction-WhitePaper. IntegratedOrderContractingSAME.
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A Day in the Life of a Green Building Attorney
Green Building Law Update
DECEMBER 18, 2016
Responding to client email about impact of construction project change order on contemplated LEED certification, so that payment can be released today. Responding to consultant email and draft report of Phase II environmental site assessment. Drafting form contract for LEED consultant to use in responding to RFPs.
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Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time
Autodesk Construction Cloud
NOVEMBER 15, 2021
In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.
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JOC Procedures
Job Order Contracting
DECEMBER 13, 2021
Contract Administrator notifies the Contractor of a Project, schedules a Joint Scope Meeting, and issues a Notice of Joint Scope Meeting. Contract Administrator issues a Request for Proposal (RFP) to JOC contractor (alternately process can require contractor to submit a draft detailed SOW for owner review prior to issuance of RFP).
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Judicial and Legislative Control Over Construction Contracts: Implied Obligations and Impermissible Clauses
Construction Dive
AUGUST 11, 2016
Believe it or not, a construction contract with scores of provisions that runs dozens of pages does not actually define the entire legal relationship between the parties, regardless of how thorough the contract may seem or how much time and expense they invested in its drafting. By Stephen Hess, Esq. Read more.
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48 Poor Contract Drafting Leads to Ambiguity as to Whether Arbitration Is Required
Construction Lawyer
JANUARY 28, 2014
Nordic PCL Construction , provides a lesson in how not to draft construction agreements. Subsequently, Safeway made further revisions to various contract documents, including an AIA Document A101-1997 and A201-1997. The issue was whether the Supplementary Conditions were incorporated into the contract or not.
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Real Estate Development and Construction Contracts: What You Need to Know
Best Practices Construction Law
JULY 31, 2015
I’ve tried both and prefer a third: Contracts, which do not entertain, do not convey information or ideas, and do not try to persuade. ” In the world of commercial real estate and construction contracts, Siviglia hit the nail on the head. Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J.
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Have You Seen All the Contract Documents?
Construction Dive
MARCH 10, 2016
Not surprisingly, these customized contracts tend to favor the drafting party. The drafting party seeks to impose its terms through reference. By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. What is disturbing is the lack of transparency.
Construction Contracts – Pay Now to Save Later
Construction Law Monitor
MARCH 9, 2012
All to often in my job I am faced with clients who end up in a dispute on a construction project. Whether it be a public or private, commercial or residential, and no matter how large or small the project or contractor, the first question I ask any potential client is – where’s the contract? A set of blue prints or plans.
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LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract
Best Practices Construction Law
JUNE 24, 2016
Recently, a court addressed the question about whether a text message can constitute a writing sufficient under the Statute of Frauds to create an enforceable contract. The transaction involved numerous discussions and emails, including four drafts of a letter of intent from Buyer to Seller for purchase of a piece of property.
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Viewpoint: No Damage for Delay Clause in Construction Contracts
ENR Construction
MAY 1, 2017
Suffolk Construction Company, Inc. The March 29 decision is a “must read” for everyone drafting construction contracts to ensure the language used comports with the intended result.
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Forum Selection Clauses in Construction Subcontracts Require Careful Drafting
Construction Lawyer
JANUARY 30, 2014
17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. of the General Contract. The court, however, found the contract to be ambiguous: The effect of the incorporation of Paragraph 24.3.3 Welch Marble & Tile, Inc. Dist, Sept.
5 Must-Have Clauses in Your Next Construction Contract
Construction Law Monitor
SEPTEMBER 10, 2015
If you’re about to sign a construction contract, you need to be aware of some important clauses that may and/or should be incorporate into your contract. Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. We understand that contracting is never easy.
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5 Must-Have Clauses in Your Next Construction Contract
Construction Law Monitor
SEPTEMBER 10, 2015
-->. If you’re about to sign a construction contract, you need to be aware of some important clauses that may and/or should be incorporate into your contract. Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. We understand that contracting is never easy.
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#88 Battle of the Forms: When Is There an Enforceable Contract?
NH Construction Law
APRIL 26, 2020
When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.
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Autodesk Build Gets 25+ Product Updates, Features, and Enhancements
Autodesk Construction Cloud
JANUARY 18, 2022
Save unfinished workflows as drafts. Copy supplier contract SOV subitems to main contract** . Pushpin thumbnail in detail reports. * = features on both Autodesk Construction Cloud unified platform & BIM 360. ** = features in both Autodesk Build & BIM 360. Add workflow bar to review detail page. Cost Releases.
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REVEALED: Cricket stars with Hundred contracts will receive appearance fees worth £10,000 despite its postponement… and are entitled to 12.5% of their deals even if the tournament never takes place!
Construction Test
MAY 7, 2020
County cricketers and overseas stars with Hundred contracts will receive appearance fees that could be worth more than £10,000 this summer despite the launch of the new tournament being postponed for 12 months. Sportsmail has learned that, under the terms of contracts signed following last year’s draft, all players are entitled to 12.5
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Revised Contracts Lay the Foundation for Successful Projects
ENR Construction
DECEMBER 6, 2016
Contracts are the foundation of every project. While no contract can guarantee a successful project, a contract that is well drafted is the first step to building a better project.
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New in Autodesk Construction Cloud: 30+ Product Releases You Should Know in July
Autodesk Construction Cloud
JULY 18, 2023
Summer is the busiest time of year for construction. This month, we have more than 30 product releases across Autodesk Construction Cloud platform and products, including Autodesk Build, Autodesk BIM Collaborate, Autodesk Takeoff, BuildingConnected, and Assemble. Learn more on API documentation on Autodesk Platform Services.
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Essential BIM Terminology
Viewpoint Construction Technology
SEPTEMBER 6, 2017
It can improve speed and accuracy, increase efficiency, and set up an overall plan for construction phases. Level 0 : Level 0 entails basically no collaboration, and only 2D CAD drafting is used. Level 1 : Level 1 BIM is a combination of 3D CAD and 2D for drafting. Construction Operations Building Information Exchange (COBie).
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Coordinating specifications with an owner’s Division 00
Construction Specifier
JUNE 19, 2020
In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., Consequences of improperly coordinated construction documents. vice-president and general counsel at Kennedy/Jenks Consultants, Inc.,
Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims
Best Practices Construction Law
MARCH 18, 2021
The contractor claimed that the City breached its contract by supplying incomplete and inaccurate contract documents, which allegedly caused delays and a two-year extension to the project completion. ” My littlest chuckled. The contractor’s $15.7 million delay claim included approximately $2.3
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Illinois Federal District Court Enforces Partially Executed Agreement to Arbitrate
Constructlaw
NOVEMBER 9, 2022
Spirtas also argued that the TPA was unenforceable because its arbitration clause (providing for “arbitration in Edwards, CO”) was inconsistent with its separate venue selection clause (providing for “exclusive venue … in the State where [the] Project is located”), showing there was no “meeting of the minds” and thus no contract formation.
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Illinois Federal District Court Enforces Partially Executed Agreement to Arbitrate
Constructlaw
NOVEMBER 9, 2022
Spirtas also argued that the TPA was unenforceable because its arbitration clause (providing for “arbitration in Edwards, CO”) was inconsistent with its separate venue selection clause (providing for “exclusive venue … in the State where [the] Project is located”), showing there was no “meeting of the minds” and thus no contract formation.
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4 Lessons Construction Companies Can Take From Episodes 1 & 2 of The Last Dance
Construction Junkie
APRIL 23, 2020
In an attempt to justify talking about the Chicago Bulls on a construction blog, I’m going to pull some lessons out of the first couple of episodes from the series that contractors can apply to their own business. Construction executives should never believe that they’re bigger than the support team below them.
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78 5 Tips for Writing a Construction Contract
Construction Law Monitor
MARCH 28, 2011
From time to time, I have someone guest post here on the Construction Law Monitor, giving our readers a fresh perspective on construction law topics. She is a writer for CB Structures , a family owned construction and engineering company that specializes in garage builders and pole building design. Get professional help.
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