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.

Construction 52

Construction Insurance Procurement Drafting 52

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.

Contract 52

Contract Contractors Negotiation Subcontracting 52

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.

Contract 79

Contract Agreement Virginia Construction 79

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.

Contract 48

Contract Drafting Negotiation Agreement 48

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.

Contract 48

Contract Drafting Claims Agreement 48

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].

Green 149

Green Drafting Contract Sustainability 149

Constructlaw

NOVEMBER 9, 2022

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. The court then noted that whether the TPA was valid centered around whether SGLC’s signature was necessary to officially form a contract. For its part, Spirtas demonstrated assent to the TPA by signing the TPA.

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. The court then noted that whether the TPA was valid centered around whether SGLC’s signature was necessary to officially form a contract. For its part, Spirtas demonstrated assent to the TPA by signing the TPA.

Agreement 52

Agreement Illinois Contract Bidding 52

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.

Contract 91

Contract Claims Documentation Change Orders 91

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

Contract 69

Contract Construction Agreement Legal 69

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.

Green 120

Green Contract Documentation Claims 120

Construction Law Monitor

OCTOBER 26, 2010

Many experts believe that the AIA standard form contracts are drafted to protect the Architect. The contract documents should be drafted to protect this individual. The contract documents should be drafted to protect this individual. Contracts need to be tailored to fit the type of project perfectly.

AIA 61

AIA Contract Documentation Drafting 61

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

Documentation 118

Documentation Claims Bidding Estimating 118

Levelset

SEPTEMBER 2, 2022

While E&O is not usually a legal requirement, many construction professionals take out an E&O policy to protect themselves against potentially devastating financial losses resulting from negligence. A construction contract creates a legal responsibility for the contractor to fulfill certain obligations to another party.

Insurance 52

Insurance Liability Claims Construction 52

Levelset

SEPTEMBER 7, 2022

In that case, professional liability insurance would generally provide the plumber with reimbursement for legal fees, settlements, and judgments. When a contractor enters into a construction contract, they agree to fulfill a certain set of requirements for another party—often a general contractor.

Liability 52

Liability Insurance Injury Contract 52

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. What exactly will be covered?

Liability 90

Liability Agreement Drafting Insurance 90

Green Building Law Update

MAY 3, 2015

But the old name remains in statutes and contracts and more. Members of the environmental industrial complex that deal in matters of LEED should review their contracts and other documents and update them now. That contract language might be some variation of. GBCI has changed its name to Green Business Certification Inc.

Documentation 120

Documentation Certification Green District of Columbia 120

Construction Law Monitor

MARCH 28, 2011

What’s great about her post is that it discusses a very legal topic – construction contracts – from the perspective of someone in the business. Enjoy her insights, and to learn more about construction contracts, read from this category on our blog: Construction Contracts. But why is a contract necessary?

Contract 50

Contract Legal Construction Documentation 50

Best Practices Construction Law

JUNE 12, 2015

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? It is worth the effort to seek legal advice on these issues prior to drafting and executing contracts with other parties.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction Cost Estimating

JUNE 26, 2019

The contractor verifies that the project abides by all the specifications as provided in the contract documents. Focus on all legal and regulatory issues and requirements. Draft an efficient safety policy. Submit bills for the completed tasks as mentioned in the contract. Anticipate any probable changes.

Contractors 40

Contractors Legal Safety Liability 40

Federal Construction Contracting Blog

AUGUST 17, 2021

Holding true to its word, the Biden administration recently issued a proposed rule that would make additional changes to an already complicated legal framework. President Biden’s draft rule calls for a temporary waiver of the increased requirements when compliant materials are either unavailable or unacceptably expensive. Takeaway #1.

DC 52

DC Materials Contractors Drafting 52

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. What exactly will be covered?

Liability 52

Liability Agreement Drafting Insurance 52

Green Building Law Update

DECEMBER 3, 2017

It is the unsophisticated who will encounter legal issues and be left holding the bag. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. Contract documents involving real estate must now prescribe who owns the building data.

Green 120

Green Risk Claims Drafting 120

CivilJungle

NOVEMBER 8, 2022

A tender will be a draft legal paper in which a particular act will notify official documents and discharge the capable artisan interested in filling it and taking the project. Mainly it is survey evidence proof and legal effects. Tender legal paper cost. Contract formation. Tendering Meaning in Construction.

Negotiation 52

Negotiation Bidding Construction Contract 52

Best Practices Construction Law

NOVEMBER 26, 2019

The subcontractor filed a demand for arbitration against the contractor, seeking both its contract balance and approximately $40,000 in extra and/or change order work. The contractor paid the contract balance to the subcontractor, but the subcontractor filed a motion to confirm the award on the change order work. CV195021541S (Oct.

Change Orders 62

Change Orders Claims Contract Contractors 62

Autodesk Construction Cloud

JANUARY 7, 2023

Daily construction reports can save construction companies legal trouble, underline professionalism and elevate projects from good enough to excellent , with all the success that implies. Prime among them are their roles in legal disputes, specific claims and project team documentation. It also helps brings teams together.

Documentation 52

Documentation Construction Legal Mobility 52

Best Practices Construction Law

JUNE 4, 2019

Remember that case where a court found that a string of text messages can form a binding contract ? While the case is certainly interesting and the holding appears to be novel, it appears consistent with traditional contract law principles. Lehman then sent the defendant the draft of a written settlement agreement.

Agreement 61

Agreement Contract Drafting Claims 61

Best Practices Construction Law

NOVEMBER 20, 2019

In the same way, a court recently held that the type of contract delivery method did not change the applicability of the differing site conditions clause. The contract was a design-build contract. The contracting officer denied the claim, and the contractor appealed. Appeal of John C. Grimberg Co., 58791 (Oct.

Site 48

Site Contractors Design Bidding 48

Construction Law Monitor

AUGUST 24, 2012

I recently found a good article on JDSupra.com , always a great source for solid legal content, regarding California Senate Bill 474. This Bill protects subcontractors when contracting so that they cannot be held liable to indemnify the general contractor or owner from certain types of negligence.

California 54

California Subcontracting Contract Legal 54

Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. For example, did you know that your email communications can be used to establish an enforceable contract, change order, or settlement? Image: Sean MacEntee.

Tennessee 48

Tennessee Change Orders Contractors iPad 48

Constructlaw

SEPTEMBER 29, 2020

New Jersey Building Laborers Statewide Benefits Funds , [1] the Third Circuit held that the courts must decide questions of arbitrability in cases where a party challenges the validity of the underlying contract that contains the arbitration agreement — even when the putative arbitration agreement refers these questions to the arbitrators.

Agreement 52

Agreement Bargains New Jersey Contract 52

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

Building Information Management

SEPTEMBER 18, 2015

Best Practices for Multiple Award Task and Delivery Order Contracting. TASK AND DELIVERY ORDER CONTRACTING. This interim document contains our current views on best practices in the use of task and delivery order contracts, in particular multiple award contracts, as authorized by the Federal Acquisition Streamlining Act (FASA).

Contract 40

Contract Contractors Procurement Office 40

Levelset

JUNE 29, 2022

Contract breach es. Getting cited by OSHA can cause a subcontractor to breach their contract with the GC. “A A decent subcontract is drafted so that the subcontractor is responsible for complying with OSHA regulations as it affects your scope of work and your people,” says Lindborg. “So Legal fees. And pay the fine.

OSHA 52

OSHA Inspections Construction Safety 52

Green Building Law Update

MAY 6, 2018

With the upcoming May 25, 2018 effective date for the new European General Data Protection Regulation, the European Union law drafted to provide greater protections for the personal data of individuals, it is a good time to review and consider the large quantity of data generated by green buildings.

Green 120

Green Organization Regulation Risk 120

Levelset

APRIL 15, 2022

This is especially true if the contract involves work that wasn’t covered by the insurance policy. This is because Florida also prohibits no-lien clauses in a contract. It is not legal for a contractor to waive their right to file a lien via an agreement prior to performance.” . On-demand legal help you can afford.

Insurance 52

Insurance Contractors Lien Claims 52

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Industry-specific legal concepts. For this reason, owners and contractors should ensure there is consistency among the dispute resolution provisions of the various contracts.

Construction 52

Construction Claims Contractors US 52