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.

Agreement 52

Agreement Illinois Contract Bidding 52

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

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. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

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. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

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., In such circumstances, it is not unusual to discover the required clause is not in the contract. chocolate and peanut butter).

Documentation 52

Documentation Drafting Contract Claims 52

Building Information Management

MAY 3, 2016

Job Order Contract Life-cycle. At the Pre-Proposal Meeting, the PM should set up a date for the pre-construction “site visit” A designated form with an appropriate amount of information requesting JOC work is completed and forwarded to the “Contract Specialist” Proposal Request. Negotiations.

Life Cycle 40

Life Cycle Contract Change Orders Estimating 40

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. This often includes entities and persons related to the contracting parties, not just the parties themselves. What exactly will be covered?

Liability 90

Liability Agreement Drafting Insurance 90

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. This often includes entities and persons related to the contracting parties, not just the parties themselves. What exactly will be covered?

Liability 52

Liability Agreement Drafting Insurance 52

Best Practices Construction Law

MARCH 28, 2013

ConsensusDocs released the new ConsensusDocs 498 Design-Build Teaming Agreement today, which provides a standard contract for parties desiring to form a team for the purpose of submitting a bid on a design-build project. ” The contract is specifically drafted to address the unique considerations of a design-build teaming arrangement.

Agreement 48

Agreement Negotiation Documentation Contract 48

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 Law Monitor

AUGUST 24, 2012

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. This Bill raises a bigger and more overarching question as to why do state legislatures feel the need to make rules to restrict the freedom to contract.

California 54

California Subcontracting Contract Legal 54

Levelset

APRIL 15, 2022

It gives the assignee authority to file and negotiate a claim directly with the insurance company, without involvement from the property owner. The contractor, now the assignee, negotiates the claim directly with the insurance company. This is especially true if the contract involves work that wasn’t covered by the insurance policy.

Insurance 52

Insurance Contractors Lien Claims 52

Best Practices Construction Law

DECEMBER 6, 2013

In the end, the Court concluded that the forum selection clause was enforceable--the Court also said the parties’ contract should be followed unless extraordinary circumstances exist. The Court found that the proper procedure for enforcement is a motion to transfer venue as opposed to a motion to dismiss.

Virginia 48

Virginia Texas Construction Subcontracting 48

Best Practices Construction Law

APRIL 8, 2013

While the issues on appeal are not construction-specific, such as whether pay if paid clause is enforceable , the ultimate decision may affect the contracting process for parties to a construction project. Practical implications. The court may not place the same emphasis on where the parties agreed to litigate.

Virginia 48

Virginia Texas Construction Subcontracting 48

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. Tenders are of several kinds, counting open tender, selective, serial tender, and negotiated tender. Negotiation Tender. Contract formation.

Negotiation 52

Negotiation Bidding Construction Contract 52

Construction Lawyer

OCTOBER 23, 2012

When a dispute arises, the parties can talk and negotiate a resolution. While standard industry contracts, such as those by the American Institute of Architects, are a good start, they may not fit a party’s needs. In arbitration, on the other hand, each side presents its case to the arbitrator.

Agreement 45

Agreement Drafting Negotiation Deals 45

Construction Cost Estimating

MARCH 11, 2015

Check that your contract covers of these prices. APPLIANCES Negotiate for a contractor’s discount if you purchase all of your appliances from one trafficker. Installation problems embrace vents for dryers, vents and ductwork for draft ranges, plumbing hookups for white goods ice manufacturers.

Estimating 40

Estimating Bidding Budgeting Budget 40

Construction Specifier

JANUARY 28, 2021

A substantial challenge faced by professionals preparing construction specifications for design-build projects is most master specifications were developed for traditional DBB or its ‘close relation,’ design-negotiate-build (DNB). There are several factors to consider when adapting DBB specifications for use on a design-build project.

Design 52

Design Documentation Negotiation Contract 52

Construction Specifier

JUNE 13, 2021

A substantial challenge faced by professionals preparing construction specifications for design build projects is most master specifications were developed for traditional DBB or its ‘close relation,’ design-negotiate-build (DNB). Prime contract between the owner and design-builder. Images courtesy HDR.

EJCDC 52

EJCDC Design Documentation Contract 52

Pro Builder

APRIL 7, 2021

Several of our young leaders also took their family businesses to the next level by targeting 55+ buyers or streamlining selections so projects would move faster from contract to construction. Accomplishments • Created Drees Homes’ Jacksonville, Fla., Off the Clock • Trail running • Hiking • Biking.

Industrial 98

Industrial El Paso Education Cleveland 98

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

Building Information Management

SEPTEMBER 23, 2015

Simplified Acquisition of Base Engineer Requirements (SABER) contracts provide a streamlined means to complete construction projects estimated at less than 750K. Contracting personnel and civil engineers are encouraged to adapt their SABER-like acquisitions and processes to meet their local needs and the local environment. Definitions.

Engineering 40

Engineering Negotiation Contract Estimating 40

Buisness Facilities Contributed Content

FEBRUARY 28, 2013

These decisions are facilitating contract opportunities, attracting new industries and companies to the greater Sacramento area, and encouraging the expansion of existing companies. After several months of work, the Draft EIR for the Super Wal-Mart project is now complete and is currently being circulated for review.

California 47

California Sacramento Zoning Los Angeles 47

Buisness Facilities Contributed Content

APRIL 15, 2014

The program offers three types of benefits: Transaction Privilege Tax Exemption – Exemption from transaction privilege tax on contracts for certain types of construction at an MRZ. State Preference Points – Enterprise Zone companies can earn preference points on state contracts. For more information, please visit this link.

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

APRIL 8, 2014

With 32 ports statewide, Louisiana offers six deep-draft ports capable of transferring large quantities of cargo, is one of only two U.S. In addition, the company has contracted with Siemens Energy to supply all 448 turbines—the blades will be constructed in the Fort Madison, Iowa plant and the nacelles in the Hutchinson, KS plant.

Minnesota 56

Minnesota Iowa New Jersey New Mexico 56

Building Information Management

JULY 27, 2016

Various cost information is typically formatted as Products & Activities, General or Routine Maintenance, New Construction, Renovation and/or Repair, Sustainability/Green, Job Order Contracting (JOC), or any combination thereof. Procurement Requirements and Contracting Requirements. 00 00 00 Procurement and Contracting.

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

Various cost information is typically formatted as Products & Activities, General or Routine Maintenance, New Construction, Renovation and/or Repair, Sustainability/Green, Job Order Contracting (JOC), or any combination thereof. Procurement Requirements and Contracting Requirements. 00 00 00 Procurement and Contracting.

Equipment 40

Equipment Construction Schedule Concrete 40