Construction Law

OCTOBER 3, 2022

Some interesting insights on the state of the industry and its contractual relationships emerge from the RIBA Construction Contracts and Law report (see News), the first since 2018. For a start, it confirms that for an industry supposedly striving to move towards a more collaborative future, there is clearly a lot to be done.

Industrial 52

Industrial Contract Consulting Negotiation 52

Construction Law

JUNE 1, 2021

The Times gave more space to construction and its problems in a series spread over three days in May than the industry has probably ever received at one go from a national newspaper. The industry was characterised as ‘toxic and dysfunctional’ and racing to the bottom. None of it was good. They won’t stay so well hidden for much longer.

Industrial 52

Industrial Insurance Banking Procurement 52

Construction Law

MAY 2, 2024

Our insurance expert John D Wright of JD Risk Associates examines Joint Names Clauses which have been in use for over 40 years and were hoped to result in less litigation, but the industry still struggles to gain the benefits and court analysis of clauses themselves is common.

Insurance 52

Insurance Risk Industrial Construction 52

NH Construction Law

JULY 26, 2020

“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” When the subcontractor installed the expansion joints in the steam boiler and related piping backwards, the heating system got damaged.

Insurance 40

Insurance Liability Accidents Michigan 40

Levelset

AUGUST 24, 2022

Construction businesses need many different types of insurance to mitigate the risks associated with building projects. Two of the most common insurance policies that contractors have are builder’s risk and general liability, which serve very different purposes. What is builder’s risk insurance?

Liability 52

Liability Risk Insurance Contractors 52

Job Order Contracting

FEBRUARY 20, 2018

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. The JOC will remain in effect for one year from date of contract award.

Contract 100

Contract Organization Change Orders Overhead 100

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. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. General liability insurance.

Liability 52

Liability Insurance Claims Legal 52

Constructlaw

SEPTEMBER 10, 2020

Well, for the construction industry, it may never return to “normal.” COVID-19 may have permanently changed the landscape of the construction industry in many ways. Here are just a few issues that the pandemic has brought to the forefront of our industry. When is it going to return to “normal”? Now we are seeing a distinct turn.

Industrial 52

Industrial Union Contract Claims 52

Construction Law

MAY 2, 2024

Guest editor JCT 2024 ducks the difficult issues JCT’s Design and Build contract has been updated for the first time in eight years. Legal terms explained Isabella Salame of Herbert Smith Freehills LLP explains what is meant by non-delegable duties. billion A9 Dualling programme.

Construction 52

Construction Legal Cash Flow Insurance 52

Construction Dive

FEBRUARY 12, 2014

By Bruce Jervis Commercial general liability (CGL) insurance policies have been the source of much controversy in the construction industry. The policies insure against personal injury or property damage caused by an occurrence during the contractor’s performance of the work. Insurers certainly don’t intend them to.

Insurance 55

Insurance Contractors Liability Injury 55

Construction Law

APRIL 2, 2024

News Our news round up looks at Birmingham City Council on the verge of starting the judicial review application to try and reverse a government refusal to approve a major highways contract; a warning to avoid ‘group think’ in major public sector project delivery; and a new framework to promote the use of artificial intelligence in project delivery.

Construction 52

Construction Liability Risk Contract 52

Job Order Contracting

NOVEMBER 7, 2017

Setting up a Job Order Contract Using Best Management Practices involves a mix of strategic and operational steps including a gap analysis of current and planned outcomes. . d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e.,

Contract 100

Contract Management Negotiation Estimating 100

Construction Law Monitor

DECEMBER 27, 2012

Back in 2009 this blog reported on the very topic of Workers Compensation insurance, stating that 1 and 5 businesses are breaking workers compensation laws. In my everyday practice, I feel like the trend is still prevalent in the construction industry.

Compensation 51

Compensation Insurance Louisiana Contractors 51

Construction Law

OCTOBER 3, 2023

News Our news round up highlights the Edinburgh Tram Inquiry report that lays bare procurement and procurement inadequacies; the Court of Appeal allows a challenge to Sizewell C to proceed; and Transport Scotland caves into industry pressure and will use NEC4 on the Tomatin to Moy section of the A9.

Procurement 52

Procurement Construction Insurance Legal 52

Levelset

SEPTEMBER 16, 2022

If a contractor’s work fails after a project is complete, completed operations insurance can help cover some of the expenses. It is sold as an extension to your general liability insurance policy and may be required by the state you work in or the project owner. Learn more: The most common types of insurance policies in construction.

Insurance 52

Insurance Liability Claims Contractors 52

Building Information Management

OCTOBER 16, 2015

J OB ORDER CONTRACTING . that is bid by job order contractor and use to multiply against a job order estimate for a job order contract as developed using the unit price book. The contract is an IDIQ or indefinite quantity contract for on-call construction services with a set duration and associate minimum and maximum value.

Contract 40

Contract Liability Insurance Documentation 40

Best Practices Construction Law

SEPTEMBER 23, 2022

Ned regularly represents clients in construction defect and compensation claims, manufacturer/dealer disputes, and insurance coverage lawsuits. The reasoning of the Court if taken to its extreme could undermine almost any arbitration clause since the home buyer does not have contracts with subcontractors and thus no arbitration clauses.

South Carolina 62

South Carolina Insurance Contract Legal 62

FDR Safety

MARCH 19, 2014

In a letter to companies in the communication tower industry, OSHA Administrator David Michaels said the fall protection lapses are occurring because “either employers are not providing appropriate fall protection to employees, or they are not ensuring that their employees use fall protection properly.” Accident Prevention Enforcement OSHA'

OSHA 120

OSHA Accidents Income Insurance 120

Fieldwire

AUGUST 14, 2023

Construction is one of the hardest industries to manage cash flow in, with contractors often facing large up-front costs and frequent, long delays between expenses and payment. The industry’s retainage practices throw another wrinkle into the process. Every contract is negotiable, including what percentage is retained and for how long.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Job Order Contracting

FEBRUARY 7, 2020

Auditors should engage experienced construction professionals to be able to optimally apply industry best management and financial practices. These include soft costs – general conditions, insurance/bonding, fees/permits, as well as direct costs for material, equipment, and labor in elemental CSI MasterFormat data architecture.

Construction 160

Construction Procurement Documentation CSI 160

Safety Services Company

OCTOBER 6, 2023

Contractor management service providers help contractors become prequalified for contracts and jobs. Sometimes, companies miss contract obligations or compliance requirements such as OSHA, insurance policies, etc., leading to a breach of contract with the potential client. Let’s dive into this option.

Management 71

Management Contractors Legal Safety 71

Construction Enquirer

JULY 5, 2023

The two-year deal for the industry also includes a 5% uptick in rates from 2025. “This agreement gives us an opportunity to work with Unite on longer-term ambitions to update and modernise the industry to improve skills for a low carbon economy.”

Agreement 74

Agreement Electrical Deals Bargains 74

Construction Law

DECEMBER 5, 2023

CL guides CIS and the VAT reverse charge Our latest Construction Law Guides series article comes from Tom Manley of DLA Piper, examining how the VAT reverse charge scheme works and recapping on the Construction Industry Scheme tax legislation. There are pitfalls for the unwary, he warns – and for the insurers as well.

Construction 52

Construction Insurance Claims Procurement 52

Wolgast Corporation

JANUARY 12, 2023

General Contracting. Over the years, we have diversified from our original General Contracting service that started the company 75 years ago to better serve more industries in our market and also a variety of sizes and complexity of buildings. Construction Management. Restoration. Development/Leaseback Services.

Commercial 91

Commercial Construction Retail Michigan 91

Job Order Contracting

SEPTEMBER 29, 2017

(c) “Job order” – a firm, fixed priced, lump-sum order issued by an organization to a job order contractor for a definite project scope of work as compiled from the unit price book to be performed pursuant to a job order contract. (d)

Organization 100

Organization Contract Liability Contractors 100

Construction Enquirer

JUNE 22, 2023

HM Revenue & Customs is turning the spotlight on claims for rising materials costs under the industry’s CIS tax scheme. Under CIS, contractors deduct money from payments to subcontractors and then pass it on to HMRC as advance payments towards the subcontractor’s tax and National Insurance contributions. ”

Claims 100

Claims Materials Subcontracting Contractors 100

Construction Law Monitor

AUGUST 9, 2011

Liberty Mutual Insurance Company (“Sloan”), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Brennan’s The Construction Contracts Book.

Agreement 57

Agreement Contract Insurance Construction 57

Construction Dive

DECEMBER 15, 2016

The ConsensusDocs Coalition recently announced the first set of new contract documents, part of a major update initiative to reflect ongoing industry trends towards collaboration and new project delivery and financing methods. Read more.

Insurance 48

Insurance Legal Finance BIM 48

Construction Law Monitor

NOVEMBER 2, 2011

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.

Contract 56

Contract Change Orders Lien Contractors 56

Mr Ethics

APRIL 23, 2014

Ethics, There seems to be a growing trend in the construction industry whereby project owners are placing all risk on the design professional or contractor. Owners are assuming less and less risk exposure through contract provisions that assign risk away from them. This isn’t ethical, is it?

Risk 100

Risk Claims Insurance Liability 100

Mr Ethics

APRIL 23, 2014

Ethics, There seems to be a growing trend in the construction industry whereby project owners are placing all risk on the design professional or contractor. Owners are assuming less and less risk exposure through contract provisions that assign risk away from them. This isn’t ethical, is it?

Risk 100

Risk Claims Insurance Liability 100

Mr Ethics

APRIL 23, 2014

Ethics, There seems to be a growing trend in the construction industry whereby project owners are placing all risk on the design professional or contractor. Owners are assuming less and less risk exposure through contract provisions that assign risk away from them. This isn’t ethical, is it?

Risk 100

Risk Claims Insurance Liability 100

Construction Business Owner

APRIL 5, 2012

INSURANCE |. Industry News. Industry Statistics. This, after all, is the foundation of the insurance industry. And risk can be a profit center, since insurance companies obviously make money. So what do construction and insurance companies have in common? The construction industry is dangerous.

Risk 120

Risk Insurance Construction Software 120

Viewpoint Construction Technology

AUGUST 7, 2017

Health and wellness in the construction industry isn’t something that’s regularly discussed and when it is, usually focuses on safety and prevention. Health insurance benefits. Make sure your workers know about all the benefits that come with their employer-sponsored health insurance. Tobacco cessation encouragement.

Construction 130

Construction Insurance Employment Viewpoint 130

Construction Junkie

OCTOBER 21, 2020

The rise of emerging technologies and the realization that project financials need to be readily available from anywhere drove Sage, a popular provider of construction financial management solutions, to develop a cloud-based financial system for the industry, Sage Intacct Construction.

Sage 145

Sage Management ProCore Construction 145

Levelset

NOVEMBER 10, 2022

Construction is a risky business by almost any measure: It not only has one of the highest business failure rates of any industry, but construction work also sits atop the list of the most dangerous jobs. In 2019, the construction industry accounted for about 20% of all work-related fatalities in the U.S.

Safety 52

Safety Site Injury Construction 52

Construction Business Owner

DECEMBER 9, 2011

INSURANCE |. Industry News. Industry Statistics. Fewer accidents also mean lower insurance premiums, which mean lower labor costs. EMR’s are calculated by comparing a company’s actual losses to industry average losses. Companies who perform average in their EMR industry generally rate around 1.0. STRATEGY |.

Construction 136

Construction Insurance Software Software 136