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.
Less than 20% of Green Building Contracts Properly Drafted
Green Building Law Update
OCTOBER 2, 2016
In a recent review of contracts involving green building construction projects, less than 20% had properly drafted provisions addressing green building matters. 100 contracts involving green building construction projects were reviewed. 89% of the contracts were for projects pursuing LEED. 7% were pursuing the NGBS.
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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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You Should Not Contract With Your Environmental Consultant
Green Building Law Update
AUGUST 13, 2017
In an effort to mitigate risk you should not contract directly with an environmental consultant, but rather your attorney should contract with that consultant. What is described here is much more than simply good drafting of consultant contacts (e.g., And it may be much more than that.
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153 Now is the Time to Revise your Green Building Contracts
Green Building Law Update
APRIL 3, 2016
Today is the day to revise your contracts for sustainable projects. It is beyond dispute that the best way to mitigate risk in a sustainable project is a properly drafted contract. And while this law firm makes a business of drafting and revising contact documents, there are very good contracts available in the marketplace.
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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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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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Now is the Time to Revise your Green Building Contracts
Green Building Law Update
APRIL 3, 2016
Today is the day to revise your contracts for sustainable projects. It is beyond dispute that the best way to mitigate risk in a sustainable project is a properly drafted contract. And while this law firm makes a business of drafting and revising contact documents, there are very good contracts available in the marketplace.
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Construction Classification Criticality – A Draft White Paper
Job Order Contracting
AUGUST 6, 2016
Key Words : Classification systems, Taxonomy, asset model, asset modeling, collaboration, lean construction, integrated project delivery, IPD, job order contracting, JOC, BIM, OmniClass, MasterFormat, UniFormat, Uniclass, building information management, building information models, building information modeling.
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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. contract-required unit price book.).
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100 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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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. As a result, contractors are starting to take action and are now drafting and implementing policies to respond to and stop these events. Wed, 10/26/2022 - 11:37. Construction jobsites are getting plenty of attention lately, but not all of it is positive.
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More Problems with City of Long Beach Job Order Contract
Job Order Contracting
JUNE 8, 2016
million more than they should have under the Job Order Contracting program. On May 24, the Council approved City Attorney office-drafted changes to the Job Order Contracting program without disclosing the Audit-based underlying reasons for them. ” (Source: LBReport.com). ” – LBReport.com. Learn more.
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Standard Arbitration Clause for Construction Contract
Constructlaw
DECEMBER 7, 2022
It features integrated drafting notes explaining the provisions the parties may want to include to address tiered dispute resolution, the seat, language, the governing law of the arbitration, the number, qualifications, and appointment of the arbitrators, joinder and consolidation options, and cost allocation.
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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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Arbitration including Religious Arbitration in Green Building Contracts
Green Building Law Update
NOVEMBER 15, 2015
clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court.”. There is little question that a properly drafted provision in a contract requiring arbitration is enforceable. The Supreme Court, in American Express v.
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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
The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. So, what should your contracts provide? (Again, it should be noted that some states limit the enforceability of these clauses by either statute or case law. However, in Thomas J.
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77 #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. Otherwise all construction contracts would have such a clause, thwarting the lender’s statutory rights.
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The Second Best Way to Mitigate Your Risk in Green Building
Green Building Law Update
SEPTEMBER 24, 2017
The best way to mitigate risk in your green building project are properly drafted contract documents prepared by this law firm or by another attorney with green building experience. As I posted in this blog less than a year ago, Less than 20% of Green Building Contracts are Properly Drafted.
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153 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. Section 8.1.3
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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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A Day in the Life of a Green Building Attorney
Green Building Law Update
DECEMBER 18, 2016
Responding to consultant email and draft report of Phase II environmental site assessment. Reviewing and approving quotes in draft third party journal article on defects in green building contracts. Drafting form contract for LEED consultant to use in responding to RFPs. Lunch with prospective client].
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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 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.
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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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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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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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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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10 key responsibilities of a construction project manager
Lets Build
APRIL 1, 2020
Draft contracts. Draft contracts. All the work that needs to be done in the project should be written in a draft contract. That’s the contract between the owner and builder. That’s the contract all construction project managers know about. Hire, fire and supervise. Deliver on time.
#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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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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28 City of Long Beach Job Order Contract Audit
Building Information Management
JUNE 8, 2016
million more than they should have under the Job Order Contracting program. On May 24, the Council approved City Attorney office-drafted changes to the Job Order Contracting program without disclosing the Audit-based underlying reasons for them. ” (Source: LBReport.com). ” – LBReport.com. Learn more.
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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 An unpublished California opinion, Paul Ryan Associates v.
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. The contract was a design-build contract. Appeal of John C. Grimberg Co., 58791 (Oct.
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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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An Introduction to the Different Types of Construction Drawings
Autodesk Construction Cloud
JANUARY 3, 2023
The winning contractor is bound by all of the contract documentation, including the construction drawings. They are not usually a part of the official contract documents, and may occasionally be produced during the course of construction as necessary.
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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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LEAN Construction Delivery, The Primary Challenge to BIM
Job Order Contracting
FEBRUARY 7, 2017
Classification Criticality – Architecture, Engineering, Construction, & Life-cycle Facility Management – A Draft White Paper. Job Order Contracting – 21st Century. Improving the Army’s Job Order Contracting Program. Job Order Contracting – A Procurement Success Story, 1998. BIM for Facility Management.
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Viewpoint: No Damage for Delay Clause in Construction Contracts
ENR Construction
MAY 1, 2017
The March 29 decision is a “must read” for everyone drafting construction contracts to ensure the language used comports with the intended result. The Massachusetts Appeals Court recently shed light on the parameters of “no damage for delay” clauses in Central Ceilings, Inc. Suffolk Construction Company, Inc.
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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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Construction Contracts – Pay Now to Save Later
Construction Law Monitor
MARCH 9, 2012
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? The contract is the cornerstone of any construction project and eventual dispute. A good construction contract will include: 1.The
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Arbitration is Why There is So Little Litigation in Green Building
Green Building Law Update
NOVEMBER 5, 2017
The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.
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