Best Practices Construction Law

NOVEMBER 21, 2019

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

Best Practices Construction Law

NOVEMBER 15, 2019

And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a number of disputes, poor practices, and conflicting personalities created a climate of dishonesty, distrust, and lack of effective communication.

Schedule 48

Schedule Contract Contractors United States 48

Levelset

SEPTEMBER 8, 2022

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. 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.

Liability 52

Liability Insurance Claims Legal 52

Job Order Contracting

FEBRUARY 6, 2019

Or… Job Order Contracting is a LEAN procurement and project delivery method for facilities repair, renovation, and minor new construction. It can deliver major benefits, but only if fundamental LEAN processes are adhered to and the real property owner actively participates and provides leadership.

Procurement 100

Procurement Renovating Change Orders Overhead 100

Best Practices Construction Law

MARCH 10, 2020

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. The Government’s final payment defense is an affirmative defense on which the Government bears the burden of proof. In Appeal of Matcon Diamond, Inc. 59637 (Feb.

Claims 62

Claims Compensation Overhead Defense 62

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. Under the contract, the County was responsible for moving gas, water, and fiber-optic utilities.

Claims 118

Claims Compensation Contract Contractors 118

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. Such an occurrence could threaten the existence of your contracting business. 7 insurance policies subcontractors may need.

Insurance 98

Insurance Liability Claims Injury 98

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” Like every legal question, the answer is: It depends! In Schindler v.

Claims 82

Claims Contract Legal New York 82

Job Order Contracting

JULY 10, 2017

The two most widely known and used forms of LEAN construction are Integrated Project Delivery, IPD, and Job Order Contracting, JOC. Virtual elimination of legal disputes. This is possible if the processes and tools used are independent and objective, and LEAN best management practices (BMPs) are adopted and maintained.

Renovating 100

Renovating Construction Procurement Change Orders 100

Construction Lawyer

APRIL 16, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Defense 40

Defense Illinois AIA Chicago 40

Green Building Law Update

MAY 17, 2012

Someone recently asked me why I was baffled about the Department of Defense's decision to use both LEED and a green building code. The Department of Defense has proposed a green building code in order to streamline the process of applying for LEED certification. Here are two reasons: 1. The policy is a waste of taxpayer money.

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Green Risk Certification Contract 120

NH Construction Law

JANUARY 30, 2022

”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed. The argument that the insured’s consent to a partial settlement should be required is in tension with the principle that the parties’ contract should determine their rights. City of Keene , 898 F.2d

Insurance 40

Insurance Liability Defense New Hampshire 40

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. ” 286 A.3d 3d at 1200. ” 286 A.3d 3d at 1201.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. Any party who could face potential liability should be included as an indemnified party.

Liability 90

Liability Agreement Drafting Insurance 90

Best Practices Construction Law

JUNE 12, 2015

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. However, in Thomas J.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction Lawyer

MARCH 16, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >. LEXIS 5034 (2d Cir.

Contract 40

Contract Illinois AIA Chicago 40

Job Order Contracting

MAY 19, 2017

Once the estimate is mutually approved the construction team uses the estimate for the development of the schedule of values, the cost loaded schedule, and management of the construction progress and costs within the limits of the estimate, the associated construction delivery method, contract, and detailed written operations or execution manual.

Estimating 100

Estimating Construction Life Cycle CSI 100

Construction Marketing Ideas

FEBRUARY 6, 2015

The Cobb Law Group ‘s blog: Georgia Construction, Bond and Lien Law Blog , has been a finalist in previous Best Construction Blog competitions , and continues to provide a combination of solid legal advice and more general commentary, some of which is more lighthearted than the blog’s necessarily serious primary topic.

Construction 48

Construction Defense Legal Claims 48

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. Any party who could face potential liability should be included as an indemnified party.

Liability 52

Liability Agreement Drafting Insurance 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

Levelset

SEPTEMBER 16, 2022

It pays for repairs of damages to the surrounding property, as well as legal expenses incurred during a lawsuit. The coverage kicks in when: The contract has been completed All of the work has been completed The work has been put to its intended use. It covers the damages caused by faulty work, product failure, or other causes.

Insurance 52

Insurance Liability Claims Contractors 52

Best Practices Construction Law

MAY 12, 2014

In its simplest terms, a statute of limitation is a time limit for bringing a lawsuit ( i.e. , you may have six years to file suit on a breach of contract dispute), whereas a statute of repose is the “drop-dead” date where the legal no longer exists. Time-barred claims. In State v.

Claims 54

Claims Connecticut Legal Construction 54

Construction Lawyer

MAY 2, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.  Section 21.1

Contract 40

Contract Illinois Legal Construction 40

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

Claims 40

Claims Insurance Bankruptcy Legal 40

Job Order Contracting

APRIL 30, 2022

Partnering in major contracts: Paradox and metaphor. Journal of Legal. incentive contracts. construction: a case study on MTRC TKE contract 604 in Hong Kong. Channel Tunnel Rail Link: a contract partnership. construction contracting. Partnering: contracting for the future. Management Institute.

Construction 222

Construction Project Management Engineering Management 222

Construction Lawyer

APRIL 15, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Contract 40

Contract Illinois AIA Chicago 40

Best Practices Construction Law

MAY 31, 2016

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.

Claims 48

Claims Compensation Contract Contractors 48

Construction Lawyer

APRIL 27, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Design 40

Design AIA Illinois San Diego 40

NH Construction Law

FEBRUARY 25, 2018

Legal fees incurred by A in the skirmish with B may be recovered from C as damages , i.e., as the natural and foreseeable consequence of C’s wrongful conduct. But matters are different in three-party scenarios, where A is forced to litigate with B due to the acts or omissions of C. attorney fees. Gould , 74 N.H. Bergeron , 110 N.H

New Hampshire 40

New Hampshire Injury Contract Claims 40

Construction Lawyer

JANUARY 30, 2006

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >. Thomas (Jan.

Contract 40

Contract Illinois Construction AIA 40

Construction Lawyer

AUGUST 8, 2005

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Contract 40

Contract Illinois AIA Chicago 40

Construction Business Owner

FEBRUARY 23, 2012

Department of Defense recently started using public clouds to support some of its infrastructure. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. Most providers can create a plan to meet your needs, not to mention budget. August 2012. April 2012. March 2012. February 2012. January 2012. productivity.

Security 120

Security Construction Software Software 120

Construction Lawyer

MAY 4, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >. 3d 1027 (7th Cir.

Illinois 40

Illinois AIA Agreement Chicago 40

Construction Lawyer

APRIL 14, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >. 2d 270 (5th Dist.

Illinois 40

Illinois AIA Chicago Legal 40

Construction Lawyer

FEBRUARY 28, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >. Blietz Org. ,

Illinois 40

Illinois AIA Chicago Lien 40

Construction Lawyer

MARCH 23, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Illinois 45

Illinois AIA Chicago Legal 45

Construction Lawyer

MAY 20, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >. Whiteman , 268 P.3d

Idaho 40

Idaho Illinois AIA Chicago 40