Construction, Contractors, Liability and Subcontracting

#96: Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? What about payment bonds on private construction projects? Pace Construction Corp. , United States ex rel.

Subcontracting

Subcontracting New Hampshire Liability Defense

#99: General Contractors' OSHA Liability for Subcontractors' Violations

NH Construction Law

MARCH 28, 2021

For many years the Occupational Safety and Health Administration (OSHA) has implemented a Multi-Employer Citation Policy , under which more than one employer at a worksite – for example, a general contractor and a subcontractor – can be cited by OSHA for the same hazardous condition. In StormForce of Jacksonville, LLC , No.

Liability

Liability OSHA Contractors Employment

#116: Termination as a Condition of Performance Bond Liability

NH Construction Law

AUGUST 21, 2022

This can put the obligee, whether an owner holding its general contractor’s performance bond or a general contractor holding its subcontractor’s performance bond, in a difficult spot. In Arch Insurance Co. Graphic Builders LLC , 36 F.4th 4th 12 (1st Cir. ” Id. ” Id. million,” id.

Liability

Liability Contract AIA Contractors

2020 Guide to Construction Cost Estimating

Job Order Contracting

JULY 19, 2020

2020 Guide to Construction Cost Estimating provides a road map for applying best management practices necessary to drive financial visibility and transparency. Locally researched detailed line item unit price construction data provided the highest level of verifiable and transparent information. Introduction. Material costs are either.

Estimating

Estimating Overhead Construction Liability

NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy

Constructlaw

JULY 14, 2022

(together, ASD or Owner) contracted Sweet Construction Corp. Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). ASD was not a party to the Subcontract.

Subcontracting

Subcontracting Banking Contract Claims

Subcontractor Insurance: 7 Policies Subs Should Consider for Their Business

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Are subcontractors covered under the general contractor’s insurance?

Insurance

Insurance Liability Claims Injury

#108: Replacement Contractor Issues

NH Construction Law

DECEMBER 19, 2021

When a contractor abandons or is terminated from a construction project before substantial completion, one of the first tasks for the owner/developer (or for the contractor’s performance bond surety if such a bond exists) is to locate and hire a completion contractor.

Contractors

Contractors Liability Bidding Contract

Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

NOVEMBER 15, 2021

We discuss: The current state of construction contracts. Construction technology and the future of contracting and payments. Understand the state of contracts and payment terms in construction. The current state of contracts and payment terms in construction leaves a lot to be desired, says Karalynn.

Contract

Contract Contractors Negotiation Subcontracting

Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Constructlaw

APRIL 20, 2023

Army Corps of Engineers hired Relyant Global LLC to act as the prime contractor. Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. The subcontract provided that Relyant “may retain … a maximum of ten percent (10%) of the amount of each invoice.”

Tennessee

Tennessee Subcontracting Missouri Claims

#125: Pay-if-Paid Clauses and Contractor Default

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. Quinn Construction, Inc. JBC Merger Sub LLC v. 145, 286 A.3d

Contractors

Contractors Bargains New Hampshire Contract

5 Signs Your Shopping Center Construction Contractor is Costing You Business

HardHatChat

MARCH 9, 2010

When it comes to current retail and commercial construction trends , we all know there aren’t a lot of new shopping centers under construction right now, or new office buildings under construction for that matter. What’s wrong with a general contractor focused on commercial construction costs and his construction schedule?

Contractors

Contractors Retail Remodeling Commercial

A Plumbing Contractor’s Guide to Insurance Coverage

Levelset

OCTOBER 14, 2022

Plumbing contractors should include business insurance as an integral part of their financial strategy. With numerous policies available, the plumbing contractor’s insurance landscape offers many ways for you to protect your physical and financial business assets. Why plumbing contractors need insurance. Liability for damage.

Insurance

Insurance Liability Injury Compensation

What Is an Installation Floater?

Levelset

SEPTEMBER 12, 2022

Despite your best efforts to protect building materials, any number of things can happen during the course of construction. ” You may already have an insurance policy that offers coverage for business property and general liability. Learn more – Builder’s Risk vs. General Liability for Contractors: What’s the Difference?

Insurance

Insurance Liability Risk Materials

Construction Contracts – What is My Scope of Work?

Construction Law Monitor

SEPTEMBER 19, 2013

The importance of your construction contract cannot be understated. Whether you’re a general contractor, subcontractor or homeowner, you should be familiar with all aspects of your construction contract. The scope of work section of a construction contract varies greatly. The short answer: liability.

Contract

Contract Liability Subcontracting Construction

#134: 30-Day Accountings for Subcontractor/Supplier Mechanic’s Liens

NH Construction Law

MARCH 28, 2024

The reason is not hard to fathom: under the statute “the owner is to hold back from the principal contractor the amount due the sub-contractor” to pay such claims, Cudworth v. Standard Construction Co. , Bostwick , 69 N.H. McGranahan v. 46, 47 (1957).

Lien

Lien Accounting Claims New Hampshire

Winning More Construction Bids: A Complete Guide

Autodesk Construction Cloud

OCTOBER 21, 2022

Construction bids are critical to winning more work, so it pays to have a solid understanding of what they entail and what you can do to improve your bidding performance. . In this comprehensive guide, we’ll cover everything you need to know about construction bids. What is the Construction Bidding Process?

Bidding

Bidding Construction Contractors Contract

#114: No Damages for Delay -- Maybe, Maybe Not

NH Construction Law

JUNE 30, 2022

Delays on construction projects are as common as shells on the shore. They can arise from contractor fault, owner fault, or to events beyond either party’s control – or any combination of these. One example of active interference is issuance of a notice to proceed before the jobsite is ready for the contractor’s work.

Liability

Liability Contract Iowa Contractors

#95: Are Miller Act Claims Arbitrable?

NH Construction Law

NOVEMBER 30, 2020

The Miller Act, the federal statute providing for payment bonds on federal construction projects to protect unpaid subcontractors and suppliers, provides that suits on the payment bond “must be brought. B & D Mechanical Contractors, Inc. United States f/b/o Maverick Construction Management Services, Inc. ” U.S.

Claims

Claims Subcontracting United States Contract

All Prime Contractors on TDOT Projects Must Be Licensed

Best Practices Construction Law

JULY 24, 2012

Contractor licensing is a specialized area of construction law that can have significant consequences to the parties involved. For highway and bridge contractors in Tennessee, you should be aware of the following provisions: Contractor License Requirement. Business License Requirements.

Contractors

Contractors Bidding Tennessee Liability

Lawsuit over First LEED Platinum Building is Over

Green Building Law Update

DECEMBER 13, 2015

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.

Foundation

Foundation Liability Maryland Claims

#98: Good Faith Limits on Termination for Convenience

NH Construction Law

FEBRUARY 27, 2021

A recent New Hampshire Superior Court case applied the covenant to restrict a contractor’s right to terminate a subcontractor “for convenience” – the ultimate exercise of discretion – before the subcontractor even starts work, simply in order to try to obtain a better price. Ambrose Development, LLC , No.

Contract

Contract Subcontracting Deals Bidding

Construction Financial Reporting – Why It’s Important and How To Do It

cnstrctr

JULY 1, 2019

When someone thinks of the excitement of constructing a new building, financial reporting immediately comes to mind. Nevertheless it an important part of any construction project. Contractors charge fee on a project, and that fee is intended to go into the business. How Often Should Construction Financial Reporting Be Issued?

Cash Flow

Cash Flow Forecasting Construction Contract

#70: Owner and GC Tort Duties to Subcontractor Employees

NH Construction Law

AUGUST 11, 2018

It is commonplace for subcontractors to promise to provide for the safety of their employees, and for general contractors to promise the owner that they will maintain site safety as well. Jones Lang Lasalle Construction Co. , Who is liable for injuries to the sub’s employees in such cases? The recent case of Grady v.

Subcontracting

Subcontracting Safety Compensation Claims

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

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. For liability to be fixed, some injury must have occurred. In Kellogg Brown & Root Servs., million; and.

Claims

Claims Liability Contract Contractors

N.C. Construction Law, Policy and News blog: Worthy insights regardless of where you live

Construction Marketing Ideas

MARCH 12, 2016

Construction Law, Policy & News blog provides worthy insights — even if you don’t live anywhere near North Carolina. Construction Law, Policy and News blog continues its multi-year reputation of providing solid and relevant information for the AEC industry within North Carolina. Buy out subcontracts thoughtfully.

North Carolina

North Carolina News Lien Construction

Seventh Circuit examines "pay-if-paid" provision

Construction Lawyer

JULY 20, 2012

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Illinois

Illinois Subcontracting Liability AIA

Construction Contract's arbitration provision is separable, based on

Construction Lawyer

MAY 2, 2012

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Contract

Contract Illinois Legal Construction

Things Contractors Should Know About Job Order Contracts

Job Order Contracting

JANUARY 5, 2017

Things Contractors Should Know About Job Order Contracts. As a construction contractor considering a Job Order Contract (JOC), it is critical to be aware that all JOCs are not the same. Here are a just a few things contractors should know about job order contracts.

Contract

Contract Contractors Consulting Software

Rory Woolsey's Construction Estimating Blog: Mark It Up!

Rory Woolsey

MAY 31, 2012

Rory Woolseys Construction Estimating Blog. Construction Estimating One Bite at a Time. “ What are the” appropriate” markups for overhead, profit and contingency when budgeting facilities construction projects?” Beyond this, the installing contractor’s overhead(s) and profit will need to be added.

Estimating

Estimating Overhead Profitability Construction

Construction Jobsite Safety: Strategies and Resources for Worker Well-Being

Pro Builder

AUGUST 5, 2022

Construction Jobsite Safety: Strategies and Resources for Worker Well-Being. Consider these elements of a training and awareness program to save lives, mitigate injuries, and reduce liability and costs . More than half of that spending (56%) went toward safety education, a sign that construction remains a potentially dangerous job.

Safety

Safety Resource Injury Construction

Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

APRIL 3, 2012

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Claims

Claims Agreement Illinois Subcontracting

constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

MAY 21, 2009

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Lien

Lien Illinois AIA Chicago

Non-signatory bound by agreement to arbitrate

Construction Lawyer

DECEMBER 28, 2007

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

Agreement

Agreement Illinois AIA Chicago

What You Need to KNOW about Job Order Contracting

Building Information Management

MARCH 10, 2017

Make certain that the roles, responsibilities, tools, requirements and liabilities associated with the JOC are specified. This format is used to review the primary elements of a Job Order Contract from a “best practice” perspective with a focus upon the construction contractor. JOC Coefficient: Do’s. and 1.20.

Contract

Contract Consulting Estimating Software

State by State Incentives Guide

Buisness Facilities Contributed Content

APRIL 15, 2014

It allows for the construction of roads, bridges, etc. Industrial Revenue Bonds: May be used as long-term financing of up to 100% of a project for: Acquisition of land, buildings, site preparation and improvements; Construction of buildings; Acquisition and installation of furnishings, fixtures and equipment; Capitalizable soft costs (e.g.,

Income

Income Finance Zoning Employment

STATE INCENTIVES GUIDE

Buisness Facilities Contributed Content

MARCH 21, 2014

It is a credit of five percent of the capital costs of a qualifying project, to be applied to the Alabama income tax liability or financial institution excise tax generated by the project income, each year for 20 years. It allows for the construction of roads, bridges, etc.

Income

Income Finance Zoning Equipment

Professional Constructor Central

#96: Payment Bond Sureties and "Pay-if-Paid" Subcontracts

#99: General Contractors' OSHA Liability for Subcontractors' Violations

Trending Sources

#116: Termination as a Condition of Performance Bond Liability

2020 Guide to Construction Cost Estimating

NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy

Subcontractor Insurance: 7 Policies Subs Should Consider for Their Business

#108: Replacement Contractor Issues

Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

#125: Pay-if-Paid Clauses and Contractor Default

5 Signs Your Shopping Center Construction Contractor is Costing You Business

A Plumbing Contractor’s Guide to Insurance Coverage

What Is an Installation Floater?

Construction Contracts – What is My Scope of Work?

#134: 30-Day Accountings for Subcontractor/Supplier Mechanic’s Liens

Winning More Construction Bids: A Complete Guide

#114: No Damages for Delay -- Maybe, Maybe Not

#95: Are Miller Act Claims Arbitrable?

All Prime Contractors on TDOT Projects Must Be Licensed

Lawsuit over First LEED Platinum Building is Over

#98: Good Faith Limits on Termination for Convenience

Construction Financial Reporting – Why It’s Important and How To Do It

#70: Owner and GC Tort Duties to Subcontractor Employees

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

N.C. Construction Law, Policy and News blog: Worthy insights regardless of where you live

Seventh Circuit examines "pay-if-paid" provision

Construction Contract's arbitration provision is separable, based on

Things Contractors Should Know About Job Order Contracts

Rory Woolsey's Construction Estimating Blog: Mark It Up!

Construction Jobsite Safety: Strategies and Resources for Worker Well-Being

Federal Court dismisses sub's claim against GC because of arbitration

constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Non-signatory bound by agreement to arbitrate

What You Need to KNOW about Job Order Contracting

State by State Incentives Guide

STATE INCENTIVES GUIDE

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