Mr Ethics

APRIL 23, 2014

The subcontractor vigorously defended its bid and insists that it will complete the entire scope of its work for its bid amount if we award the contract to them. They also argued that as the lowest bidder they are due the subcontract. Is it unethical to deny them the subcontract? What should we do? Regards, Mr. Ethics

Bidding 100

Bidding Subcontracting Legal Contract 100

Mr Ethics

APRIL 23, 2014

The subcontractor vigorously defended its bid and insists that it will complete the entire scope of its work for its bid amount if we award the contract to them. They also argued that as the lowest bidder they are due the subcontract. Is it unethical to deny them the subcontract? What should we do? Regards, Mr. Ethics

Bidding 100

Bidding Subcontracting Legal Contract 100

Mr Ethics

APRIL 23, 2014

The subcontractor vigorously defended its bid and insists that it will complete the entire scope of its work for its bid amount if we award the contract to them. They also argued that as the lowest bidder they are due the subcontract. Is it unethical to deny them the subcontract? What should we do? Regards, Mr. Ethics'

Bidding 100

Bidding Subcontracting Legal Contract 100

Best Practices Construction Law

FEBRUARY 8, 2017

In Lockheed , the Army awarded two separate indefinite-delivery, indefinite-quantity, time-and-materials (“T&M”) contracts to Lockheed for various support services. Both contracts expressly incorporated FAR provisions, including 52.232-7 addressing T&M and labor-hour contracts. What did the FAR say?

Contract 48

Contract Claims Subcontracting Legal 48

NH Construction Law

DECEMBER 22, 2019

In contract law there is a well-recognized exception to the rule requiring “privity of contract” as a prerequisite to recovery for breach. They will merely be incidental beneficiaries, with no contract right of recovery against the subcontractors. ” Brooks v. . ” Brooks v. ” Id.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 40

Construction Dive

JANUARY 9, 2013

By Bruce JervisIn an industry which makes such extensive use of contractual documentation, some complain of obtuse or arcane legal terminology. It may affect the enforceability of the contract clause itself. This is clear, longstanding legal terminology. It means an event which must occur before a legal obligation arises.

Contract 48

Contract Subcontracting Legal Ohio 48

Best Practices Construction Law

JUNE 19, 2014

Every now and then, I will review a construction contract where one of the parties. The contract also contained a venue provision, which stated that “all matters relating to the validity, performance or interpretation of this Subcontract shall be governed by the laws of the state where the Project is located [Georgia].”.

Contract 48

Contract Subcontracting Georgia Construction 48

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. How much does a project have to cost to require a contract?

Contractors 98

Contractors Contract Legal Change Orders 98

Best Practices Construction Law

JUNE 12, 2015

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

NH Construction Law

SEPTEMBER 28, 2021

Many construction contracts and subcontracts provide for arbitration of disputes. To be enforceable, contracts require “consideration,” a bargained-for exchange of value or promises of value on both sides. Some of them give just one of the parties an option to require arbitration. See DiMercurio v. Ancel, Inc.

Agreement 40

Agreement New Hampshire Subcontracting United States 40

Levelset

SEPTEMBER 14, 2022

Medical expenses, property damage, and legal defense costs can grow quickly. An uninsured business would likely not have the financial resources to pay a large legal settlement. Such an occurrence could threaten the existence of your contracting business. 7 insurance policies subcontractors may need.

Insurance 98

Insurance Liability Claims Injury 98

Best Practices Construction Law

SEPTEMBER 23, 2022

It is therefore no surprise that in South Carolina, and nationally for that matter, homebuilders have attempted to bring some economic fairness to the table by inserting arbitration clauses in their construction and sales contracts. Another way may be the well-known legal maxim of KISS (Keep It Simple Stupid.) And attack it did.

South Carolina 62

South Carolina Insurance Contract Legal 62

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” Like every legal question, the answer is: It depends! In Schindler v.

Claims 82

Claims Contract Legal New York 82

Federal Construction Contracting Blog

SEPTEMBER 28, 2021

The order made clear that a new clause requiring vaccinations would be included in new contracts in the near future, but questions remained about which employees would ultimately be subject to the requirements. Which Contracts Are Subject to the New Requirements? If a Contract is Subject to the New Rules, Which Employees Are Covered?

Contractors 40

Contractors Contract Compensation Subcontracting 40

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 21, 2018

Whether you are required by contract or law, purchase and maintaining the appropriate coverage can help you avoid catastrophe on your project. The subcontract agreement required the subcontractor to indemnify and hold harmless the contractor against claims of bodily injury resulting from the subcontractor’s work.

Insurance 54

Insurance Subcontracting Injury Construction 54

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Dive

FEBRUARY 21, 2013

Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract. To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been. Sometimes, however, parties knowingly contract with the unlicensed.

Contractors 51

Contractors Bargains Subcontracting Claims 51

Construction Lawyer

MAY 2, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >. Mortenson won the issue.

Contract 40

Contract Illinois Legal Construction 40

Levelset

JUNE 3, 2022

Washington’s public payment bond claim laws cover all public works projects commissioned by a state or local government entity that have a contract value of at least $150,000 — and it’s additionally possible to make a lien claim against unpaid retainage funds on certain public projects. Washington State bond claim laws.

Washington 52

Washington Claims Lien Contract 52

Best Practices Construction Law

JUNE 12, 2013

This is actually a rather common situation and most contracts contain clauses and provisions that govern such occasions. The courts have set forth a three-pronged test to determine when the subcontractor may recover delay damages or extensions of time: The subcontractor must show a breach of contract has occurred. A Fine Line.

Contractors 48

Contractors Subcontracting Contract Legal 48

cnstrctr

JULY 1, 2019

The contract is the first place to start when determining how frequently your construction financial reports should be issued. There may be information outlined in the specification or the contract itself which dictates both frequency and timing of the reports. On a construction management contract you’ll need to be more transparent.

Cash Flow 60

Cash Flow Forecasting Construction Contract 60

Levelset

JUNE 29, 2022

Contract breach es. Many subcontract agreements include a clause that states the subcontractor is responsible for compliance with OSHA regulations and other safety measures. Getting cited by OSHA can cause a subcontractor to breach their contract with the GC. “A Legal fees. On-demand legal help you can afford.

OSHA 52

OSHA Inspections Construction Safety 52

Job Order Contracting

JANUARY 5, 2017

Things Contractors Should Know About Job Order Contracts. As a construction contractor considering a Job Order Contract (JOC), it is critical to be aware that all JOCs are not the same. Here are a just a few things contractors should know about job order contracts. Will you earn a reasonable profit? Army and U.S.

Contract 100

Contract Contractors Consulting Software 100

Levelset

APRIL 28, 2022

LA Plumbing is providing plumbing work on the project, and their subcontract is worth $2 million. For example, Zürich insurance has a minimum of $200 million in subcontractor contracts that must be covered under their policy. On-demand legal help you can afford. The $750,000 deductible is shown as a loss on the project.

Insurance 52

Insurance Contractors Claims ABC 52

Best Practices Construction Law

DECEMBER 6, 2013

The underlying dispute related to a subcontract agreement on a construction project located on Fort Hood in Texas. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement.

Virginia 48

Virginia Texas Construction Subcontracting 48

Levelset

OCTOBER 14, 2022

Each field of subcontracting work has its own area of focus in insurance matters. Licensing & contract requirements. Plumbing insurance may also help you secure work with general contractors who will likely require coverage per terms of a contract. Liability for damage. How much does plumbing insurance cost?

Insurance 52

Insurance Liability Injury Compensation 52

Safety Services Company

FEBRUARY 19, 2020

Legal Risks. Most construction projects begin with signing a contract. These legal binding documents detail how long the project would last and how much contractors would be paid. Legal risks can include situations wherein a breach of contract occurs. Mitigate: The heart of mitigating risk is training.

Risk 62

Risk Management Construction Safety 62

Safety Services Company

FEBRUARY 18, 2020

Legal Risks. Most construction projects begin with signing a contract. These legal binding documents detail how long the project would last and how much contractors would be paid. Legal risks can include situations wherein a breach of contract occurs. Mitigate: T he heart of mitigating risk is training.

Risk 62

Risk Management Construction Safety 62

Best Practices Construction Law

APRIL 8, 2013

The dispute relates to a subcontract agreement on a construction project located on Fort Hood in Texas. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement. 2012) cert.

Virginia 48

Virginia Texas Construction Subcontracting 48

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Business Owner

JANUARY 26, 2012

Once you pull up a job screen, you’ll instantly see all of the links related to that particular screen, such as vendors, subcontracts, and cost projections. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. August 2012. April 2012. March 2012. February 2012. January 2012. productivity. project collaboration.

Construction 120

Construction Software Software Las Vegas 120

Construction Lawyer

JULY 20, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Illinois 40

Illinois Subcontracting Liability AIA 40

Best Practices Construction Law

MAY 27, 2016

Murphy , (May 18, 2016), the Federal Circuit recently held that, for purposes of the six-year limitations period of the Contract Disputes Act (CDA), a contractor’s claim did not accrue when a terminated subcontractor stopped its work. In Kellogg Brown & Root Servs., million; and. KBR submits a certified claim with the Army for $10.4

Claims 63

Claims Liability Contract Contractors 63

Carol Hagen

AUGUST 31, 2009

The most interesting discussion was a firm (company A) that had experienced a legal discovery issue which centered around email. I spoke with a subcontracting firm (company B) that did the opposite of what was described above. Carol Hagen greets Judy DeWeese. This is in direct violation of their own policy.

Subcontracting 100

Subcontracting Documentation Change Orders Legal 100

Building Information Management

MARCH 10, 2017

Not all Job Order Contracts (JOC) are not the same. Carefully review all of the Job Order Contract and all associated documents. The following is a listing of Job Order Contract Do’s and Don’ts. Review the methodology used to create the Unit Price Book being used for the Job Order Contract. Army and U.S. Mutual respect.

Contract 40

Contract Consulting Estimating Software 40

NH Construction Law

JULY 31, 2021

​The time-honored method for parties to signify their agreement to a contract – a signature on a piece of paper – has had to adapt to the digital age, and the law has adapted with it. Electronic signatures were declared valid in New Hampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E.

Contract 40

Contract New Hampshire Agreement New Jersey 40