The Dotted Line: Legal trends to watch in 2024
Construction Dive
JANUARY 30, 2024
Contracts are evolving in an era of persisting supply chain problems, inflation and cyber risks, construction attorneys say.
Contracts need risk management
Construction Law
JULY 7, 2021
More than ever, a watchful eye will have to be kept on programmes; just as over-optimistic schedules will risk big problems somewhere along the critical path. More than a few contractors we have spoken to over the years have prided themselves for leaving contracts ‘unused’ and ‘in a drawer’. Nick Barrett.
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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. This is not a paid endorsement.
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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. Be aware, however, only where the document or communication is primarily concerned with legal assistance does it come within the attorney-client privilege.
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JOB ORDER CONTRACTING Cooperatives
Job Order Contracting
MARCH 1, 2017
JOB ORDER CONTRACTING Cooperatives play an important role for real property owners, facilities manager, and contractors. Here are some tips for contractors considering working with JOB ORDER CONTRACTING Cooperatives or considering changes in within specific programs. JOB ORDER CONTRACTING-NCPA. Shared risk/reward.
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Virginia Joins 11 Other States Prohibiting Pay-If-Paid Clauses in Construction Contracts
Best Practices Construction Law
JUNE 15, 2022
Let’s cut to the chase—Virginia has joined 11 other states that have expressly prohibited “pay if paid” clauses in construction contracts. shifting the risk of nonpayment … “Payment from the Owner to the Contractor is a condition precedent to payment from the Contractor to the Subcontractor.”). What does the Virginia law say?
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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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4BT LEAN OpenJOC JOB ORDER CONTRACTING(TM) SOLUTION
Job Order Contracting
DECEMBER 12, 2018
The innovative 4BT LEAN OpenJOC Job Order Contracting Solution consistently delivers BEST VALUE where others fall short. Shared Financial Risk and Reward Based on Project Outcome. Virtual Elimination of Legal Disputes, Change Orders, and Potential for Fraud. All Participants and Stakeholders are Bound Together as Equals.
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Construction Risk Management: What to do when your project goes wrong
Lets Build
JUNE 6, 2017
There is a number of parameters that you should think about and an efficient management of the risk is surely necessary. In other words, you can’t really define risk on the exact same way in every construction project. Even within the same project, there may be distinct sources of risk. Types of risk in construction.
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What Contractors Need to Know About Surety Bonds
Construction Marketing
JULY 11, 2022
If you learn that you need to purchase a surety bond to work as a contractor or to enter into a contract to perform work on a project, here is some information you should know about surety bonds and how they work for contractors. The second category of bonds you will likely encounter as a contractor is contract bonds. Bond Types.
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Construction Law: May 2024
Construction Law
MAY 2, 2024
News Our regular news round up includes a survey saying collaboration is on the rise; Network Rail promises a partnering approach in its new framework; and a warning that carbon reduction policy risks legal challenge. Legal terms explained Isabella Salame of Herbert Smith Freehills LLP explains what is meant by non-delegable duties.
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52 The Benefits of LEAN Job Order Contracting
Job Order Contracting
MAY 14, 2018
The Benefits of LEAN Job Order Contracting. Risk & Opportunity Management. The LEAN Approach to Job Order Contracting. LEAN Job Order Contracting brings a common collaborative and fully transparent framework to all JOC Programs and Projects. The keys to LEAN Job Order Contracting are… The emphasis on leadership.
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The Role of Construction Software Technology in Mitigating Risk
Viewpoint Construction Technology
JUNE 3, 2019
Conflicts and other project risks can delay work and negatively impact bottom lines. Technical and Legal and Compliance Issues. Sadly, technical, legal issues and compliance issues are the most serious of all construction disputes as these usually require intervention from arbitrators, regulatory agencies and legal experts.
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Builder’s Risk vs. General Liability for Contractors: What’s the Difference?
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?
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52 Understanding the Contractor’s Job Order Contract Coefficient
Job Order Contracting
SEPTEMBER 28, 2016
UNDERSTANDING THE CONTRACTOR’S JOB ORDER CONTRACT COEFFICIENT. A Job Order Contract Coefficient is a numerical factor that represents costs (generally indirect costs) not included in the unit price line items within the Unit Price Book, UPB, associated with the Job Order Contract. Other risks of doing business (i.e.,
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What Is Inefficient Risk Transfer? The Use of Indemnification in Construction Contracts
Best Practices Construction Law
MAY 3, 2017
In parenting, there is no written contract between the adult and to child to transfer the responsibility for the loss or damage. In construction, there should be a written contract to transfer the risk when you are stuck between a rock and a hard place.
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Sustainability and Facilities Management in the Public Sector
Job Order Contracting
SEPTEMBER 5, 2023
Integrated planning, procurement, and project delivery models include but are not limited to Integrated Project Delivery (IPD), Project Alliancing (PA), and LEAN Job Order Contracting, all of which enable collaborative partnerships and work mechanisms based on trust, robust processes, and a common, shared data environment.
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Estimating Construction Costs for Job Order Contracts
Job Order Contracting
MAY 9, 2017
Estimating Construction Costs for Job Order Contracts properly is critical to the success of any JOC program. Is your JOC Program free of the risk of fraud and/or improper relationships? Elimination of legal disputes. The post Estimating Construction Costs for Job Order Contracts appeared first on 4BT.
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From Zero to Hero: Construction Risk Management
Safety Services Company
FEBRUARY 19, 2020
IS YOUR BUSINESS EFFECTIVELY PRIORITIZING CONSTRUCTION RISK MANAGEMENT? Truth be told, every industry involves risk. Whether the project involves a multi-million-dollar office building or a three-story apartment complex, there are several risks that need to be considered in order to ensure the success of any construction project.
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From Zero to Hero: Construction Risk Management
Safety Services Company
FEBRUARY 18, 2020
How Well Does Your Business Prioritize Construction Risk Management? Truth be told, every industry involves risk. Whether the project involves a multi-million-dollar office building or a three-story apartment complex, there are several risks that need to be considered in order to ensure the success of any construction project.
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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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Remediation contract a missed opportunity
Construction Law
JUNE 5, 2023
The legally binding Developer Remediation Contract (DRC) has been offered to developers to sign by the government, committing them to reimburse money spent from public funds to make some of their buildings safe. And what level of risk is to be regarded as acceptable is unclearly defined.
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COVID-19 Liability for Building Owners
Green Building Law Update
NOVEMBER 15, 2020
And these questions are not unfounded because as of November 1, 2020, legal industry databases of state and federal litigation are tracking more than 6,100 cases involving Covid-19 claims. We believe the best approach to keeping people safe and mitigating risk to owners of buildings is to employ a variety of interventions.
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Green Building Data Risk as an Opportunity
Green Building Law Update
DECEMBER 3, 2017
business seeking to mitigate the risk associated with data protection. It is the unsophisticated who will encounter legal issues and be left holding the bag. Contract documents involving real estate must now prescribe who owns the building data. That Agreement and more should be part of every contract of sale for a LEED project.
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#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. Suffolk Construction Co. ,
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Common Types of Construction Contracts And Their Use
cnstrctr
JANUARY 4, 2020
A construction contract is a tool that you can use to help outline these requirements. What exactly is a construction contract, how can it be used and what are the different types? A construction contract is a document that outlines the roles and responsibilities between two or more parties on a project. Lump Sum Contracts.
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You Risk Paying Twice When Sub-Contractors Don’t Pay Their Bills
Wolgast Corporation
NOVEMBER 28, 2022
Here is an example of a typical situation: Mike, your general contractor hires Joe’s Drywall to supply, hang, and finish the drywall for your new office.
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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
As you may be aware, one of the greatest risks on a construction project involves the payment process. 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? However, in Thomas J.
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77 Job Order Contract Program Implementation
Job Order Contracting
OCTOBER 25, 2017
Work execution and contract administration. It’s generally considered that numerous and repetitive renovation, repair, maintenance, and/or sustainability work, and minor new construction with a minimum annual volume of $2M is appropriate for job order contracting. Development of acquisition/procurement approach. Monitoring.
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A Corporate Diversity Benchmark in ESG
Green Building Law Update
AUGUST 29, 2021
ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Some have questioned should this bill be legally challenged, would a reviewing court find it violates the Equal Protection Clause of the U.S. We suggest not.
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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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Job Order Contracting Done Right! Open, Best Value, Efficient
Job Order Contracting
OCTOBER 19, 2017
Job Order Contracting done right, that’s what the OpenJOC(TM) Job Order Contracting Framework is all about. OpenJOC Job Order Contracting Framework embeds LEAN best management practices and Key Performance Indicators (KPIs) for cost, performance, and time, with an overall focus upon best value outcomes.
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Construction Law: April 2024
Construction Law
APRIL 2, 2024
The government’s own net zero carbon targets are at risk if the speed of delivery of investments isn’t increased. Legal terms explained Kyle Melville of Herbert Smith Freehills LLP explains what is meant by Scott Schedules. Guest editor Retentions – time to say goodbye? Permission to appeal has already been granted.
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Integrated Construction Planning, Procurement, and Project Delivery Solution
Job Order Contracting
MAY 6, 2022
Shared profit and risk and jointly developed project goals and values are keystones for team alignment for any project. Developing Contract. Construction Management at Risk in Health Care Projects. Journal of Legal Affairs and Dispute Resolution in Engineering and. Team Selection. Developing Parties. Decision Structure.
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6 Benefits of Contractor Management Services
Safety Services Company
OCTOBER 6, 2023
Staying compliant, including meeting internal standards, is crucial for legal requirements and stakeholder trust. 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.,
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What’s in a JOC Coefficient
Job Order Contracting
FEBRUARY 24, 2018
What’s in a JOC Coefficient should be specifically detailed in the Job Order Contract Request for Proposal. Here’s a listing of what is typically included in a construction contractor’s Job Order Contract coefficient… Contractor’s overhead and profit. Other risks of doing business (i.e. contact-form].
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100 Job Order Contracting - Untitled Article
Job Order Contracting
APRIL 12, 2019
Mitigate Construction Procurement and Project Delivery Variance and Risk. Achieve agreed outcomes on the basis of mutual trust and respect, sharing risk and rewards, financial transparency, and long term mutually beneficial relationships.
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#118: Letters of Intent Forming Enforceable Contracts
NH Construction Law
OCTOBER 30, 2022
It is not uncommon for owners/developers who solicit proposals from general contractors, and general contractors who solicit proposals from subcontractors, to send out a Notice of Intent or Letter of Intent to a GC or sub in advance of signing a formal contract, announcing that the proposal has been accepted. Khoury , 170 N.H. ” Id.
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What Are the Legal Safeguards for Getting Back to Work?
Pro Builder
JULY 27, 2020
What Are the Legal Safeguards for Getting Back to Work? As builders and trade contractors start to get back on track following the impact of COVID-19 and its restrictions, there are legal concerns to consider. Mon, 07/27/2020 - 12:57. Mike Beirne, Senior Editor. Advertisement.
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59 Construction risk management: Regain control when your project goes wrong
Lets Build
NOVEMBER 5, 2020
Being able to define the major sources of risk in your projects can eventually pave the way for faster and cheaper delivery without having to compromise quality. That being said, coming up with an effective risk management framework across different projects is possible. How we could define risk in a construction project.
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That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component
Best Practices Construction Law
MARCH 17, 2021
And there are times when parties to a construction contract face a goocher. Khan Comfort, LLC , the Supreme Court of South Dakota held that a missing time element in a construction contract did not invalidate the contract. In other words, the court found that a contract existed—i.e., Here’s what I mean… In J.
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62 Job Order Contracting Operations Manual
Job Order Contracting
OCTOBER 18, 2016
JOB ORDER CONTRACTING (JOC) Operations Manual. The work management office also completes a desk estimate of the project cost to help determine the best method for executing the work request (in-house shops, competitively bid individual contracts or JOC). Contract Administration Functions. Contract Inspection Functions.
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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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52 LEAN OpenJOC(TM) Job Order Contracting for Sustainable Facilities Repair, Renovation, and Minor New Construction
Job Order Contracting
AUGUST 21, 2018
LEAN OpenJOC(TM) Job Order Contracting has a number of distinct advantages for repetitive repair, renovation, minor new construction and maintenance projects. The Additional Benefits of LEAN OpenJOC Job Order Contracting. Not all implementations of Job Order Contracting are the same. The Origins of IDIQ and JOC.
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