Construction Lawyer

AUGUST 6, 2014

the general contractor sued the owner (college) and the engineer for damages related to allegedly unforseen conditions on the project site that caused it to incur costs that exceeded the contract price. contracts litigation' San Diego Community College Dist. , In Beacon, the architects uniquely possessed architectural expertise.

Liability 45

Liability Design San Diego Compensation 45

Levelset

OCTOBER 13, 2022

Construction contracts often require that each hired specialty contractor maintain a minimum level of insurance coverage, and a COI will reflect that status. If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. There are a few parties that might require a COI from your contracting business.

Insurance 52

Insurance Certification Contractors Liability 52

Constructlaw

NOVEMBER 22, 2022

But the statute makes clear that it runs from the professional’s “completion of performance under the contract.” Even if the general contractor was somehow responsible for the verification, the owner accepted the general contractor’s work during inspection, and found it in general conformance with the contract plans and specifications.

New York 52

New York Risk Claims Liability 52

Job Order Contracting

AUGUST 31, 2021

Traditional contracting methods such as design-bid-build, and even somewhat newer developments such as design-build typically involve the non-owner participants providing lump-sum price based an owner’s proposed requirements. Multi-year/multi-party contracts – Typically one year contracts with up to four (4) option years.

Construction 154

Construction Procurement Contract Budgeting 154

Levelset

SEPTEMBER 20, 2022

Liability insurance will help cover expenses for damage to someone else’s property and/or legal costs if another party decides to file a lawsuit. If you work on a job with a general contractor, the contract itself may require that all subcontractors have insurance before the job can begin. Who needs HVAC insurance?

Insurance 52

Insurance Contractors Liability Accidents 52

NH Construction Law

JUNE 30, 2020

A few years back I blogged (#24) on the Spearin doctrine, which holds that adherence to government-imposed design specifications absolves the contractor from contract liability to the government when the finished product fails to perform as intended. Spearin does not address tort liability to third parties injured by defective designs.

Contractors 40

Contractors Liability United States Defense 40

Construction Lawyer

FEBRUARY 28, 2014

herein collectively called "Indemnitees") harmless from and against all liability, damage, loss, claims, demands and actions of any nature whatsoever which arise out of or are connected with, or are claimed to arise out of or be connected with: 1. contracts insurance litigation' the General Contractor [Pavarini].

Contract 40

Contract Contractors Insurance Accidents 40

Building Information Management

APRIL 25, 2016

Subpart 5117.90 – Job Order Contracts. Job order contract” means an indefinite-delivery, indefinite-quantity contract which is awarded on the basis of full and open competition and effective competition and is used to execute sustainment, restoration and modernization projects at installation (post, camp, or station) level.

Contract 40

Contract Negotiation Office Estimating 40

NH Construction Law

FEBRUARY 26, 2022

In large commercial projects it is common for contractors to present owners with a schedule for the work to be performed using the so-called “critical path method,” or CPM. If the owner owns the float, time extension (or owner liability) is only for the length of delay in excess of the float days.

Schedule 40

Schedule Liability Contractors Contract 40

Construction Law

AUGUST 1, 2022

The Tribunal found misconduct in respect of the Carillion AQR inspection concerning minutes of year-end ‘clearance’ meetings, and an audit working paper on the selection of contracts for audit testing (the CCS Paper), that were presented to the AQR inspectors as having been created during the Carillion audit. But weren’t.

Regulation 52

Regulation Inspections Accounting Legal 52

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. For liability to be fixed, some injury must have occurred. In Kellogg Brown & Root Servs.,

Claims 63

Claims Liability Contract Contractors 63

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. Make certain that the roles, responsibilities, tools, requirements and liabilities associated with the JOC are specified. The following is a listing of Job Order Contract Do’s and Don’ts.

Contract 40

Contract Consulting Estimating Software 40

NH Construction Law

JUNE 26, 2023

imposes liability for knowingly making a false or fraudulent “claim,” or a false record or statement material to such a claim, in order to obtain funds from the federal government. Accordingly, federally funded state and municipal contracts are embraced by the FCA as well. The federal False Claims Act (FCA), 31 U.S.C. §

Claims 40

Claims United States Liability Materials 40

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

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. 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

Job Order Contracting

JANUARY 23, 2019

As a result, the impact of lack of proper funding and management at the GSA presents staggering liabilities. Managing the numerous repair, renovation, maintenance, sustainability, and construction projects required for any building or asset portfolio is a daunting task. Then there is the matter of security.

Leases 100

Leases Infrastructure Statistics Management 100

Best Practices Construction Law

DECEMBER 26, 2019

Yesterday was the first morning in 18 years that I woke up without my kids in their beds anxious to get up to open their stockings and presents. During strong economic times, I have a lot more contract drafting and project administration work. Here is how I handled it: Why is change so difficult? Change of any sort comes in stages.

Accidents 62

Accidents Deals Lien Drafting 62

Construction Business Owner

MAY 29, 2012

CBO magazine and Viewpoint Construction Software are pleased to present the webinar, “Managing Information Overload: Transitioning to a Paperless Environment” on June 21 at 1 p.m. Public Exposure and Liability on Construction Sites. Attendees can register for the free webinar at www.constructionbusinessowner.com.

Construction 120

Construction Software Software Cash Flow 120

Green Building Law Update

APRIL 7, 2020

The Governor has until the 30th day after presentment to sign or veto bills and given the impact of the coronavirus pandemic any legislation that requires new State spending will no doubt receive heightened scrutiny. The bill also establishes liability protections for MDE and the State.

Maryland 156

Maryland Commissioning Regulation Environment 156

Construction Business Owner

JULY 12, 2012

« Public Exposure and Liability on Construction Sites. To paraphrase what the owner of an electrical contracting company told me not long ago, “We do our best to go through all the plans, RFIs, etc. Public Exposure and Liability on Construction Sites. About Us Contact Us Advertise Press Releases Upload Artwork Via FTP -->.

Construction 136

Construction Documentation Software Software 136

Autodesk Construction Cloud

FEBRUARY 1, 2022

During the design and planning phases, the owner can expect two contracts: one for design and one for construction. Furthermore, since the owner approves the designer’s drawings, consequently they bear the liability for any misalignment of plans and construction specifications. Building is the final stage of delivery. Benefits of DBB.

Risk 52

Risk Schedule Design Budgeting 52

Levelset

MAY 25, 2022

California has its own Little Miller Act , which applies to any public works contract with a value over $25,000. For these contracts, primary contractors need to secure payment and performance bonds equal to 100% of the value of the contract. In California, this applies to any contract over $1,000.

California 52

California Claims Lien Contractors 52

Construction Business Owner

OCTOBER 10, 2011

I certainly don’t have all of the answers, which is why I’ve asked Gregg Schoppman from FMI to present a webinar on social media. Public Exposure and Liability on Construction Sites. So you may be wondering, “Do I tweet or post or share or like, and most importantly, how does this affect my business?” August 2012. April 2012.

Construction 120

Construction Software Software Accounting 120

Pro Builder

APRIL 9, 2023

I once delivered a keynote presentation to a group of home builder CFOs titled, “You Guys Don’t Count So Good!” I was somewhat surprised at the positive reception I received following this talk, presented just before “the big crash.” Yet, until presented with good data, the right choice escaped the decision-makers.

Management 52

Management Bidding Site Schedule 52

Revit OpEd

DECEMBER 22, 2017

The Tax Bill suspends all miscellaneous itemized deductions that are subject to the 2% floor under present law. Finally, the provision adds a transition rule for compensation that is provided pursuant to a written binding contract which was in effect on November 2, 2017. Observations.

Employment 85

Employment Compensation Agreement Income 85

Construction Specifier

MAY 21, 2021

For architects, specifiers, consultants, and building owners, the only protection from these potential liabilities is a strong, enforceable warranty backed by a reputable coatings manufacturer and delivered through a trusted, proven supply chain. Correcting these problems can cost millions of dollars. Warranties and quality standards.

Architecture 52

Architecture New York City Organization New York 52

Construction Business Owner

JANUARY 6, 2011

I have been amazed at the popularity of the webinars and it will be very exciting to present a live one each afternoon at the show. Public Exposure and Liability on Construction Sites. The thing I like most about the World of Concrete is that I will get to interact with a large numbers of contractors during the four day show.

Construction 120

Construction Software Software Accounting 120

Construction Law Monitor

APRIL 29, 2014

A corporation or limited liability company is not an individual. Finally, many construction contracts have some type of alternative dispute resolution (ADR) clause. Even with these clauses present an adversary may still file suit contrary to the contract. The key here is individuals representing themselves.

Contractors 68

Contractors Louisiana Contract Negotiation 68

Pro Builder

APRIL 1, 2021

For some architects, being on the jobsite is a vital part of their work process, while for others, they see job site visits as a series of obligations fraught with increased liability. . The architect has a responsibility to satisfy him or herself that the work is being performed in accordance with the contract documents.

Site 52

Site Liability Design Residential 52

Green Building Law Update

APRIL 7, 2020

The Governor has until the 30th day after presentment to sign or veto bills. The bill also establishes liability protections for MDE and the State. It also institutes new requirements for State agencies that plan, pursue, and enter into an energy performance contract.

Maryland 156

Maryland Commissioning Regulation Environment 156

Construction Business Owner

DECEMBER 9, 2011

This means that the user interfaces of browser-based applications must be designed for ease-of-use, and information must be presented in an easy-to-understand format. The growing wave of business software over the Internet holds particular promise for the business of construction contracting. Better Business. August 2012. April 2012.

Construction 120

Construction Software Software Accounting 120

Construction Business Owner

JANUARY 13, 2012

During the first part of the meeting, he presented us with a video of Nick Saban, the University of Alabama’s football coach, giving a speech to a group of 1,000 8- to 13-year-old boys attending Coach Saban’s football camp in June 2011. Public Exposure and Liability on Construction Sites. Committing Intentional Project Communications.

Construction 120

Construction Software Software Accounting 120

Building Information Management

JUNE 26, 2016

Regardless of the LEAN construction method selected – for example Integrated Project Delivery, IPD for major new construction, or Job Order Contracting, JOC for renovation, repair, maintenance, or minor new construction – the primary focus is uopn highly effective collaboration between the owner, the architect, and contractor(s), etc.

Construction 40

Construction Procurement Life Cycle Renovating 40

Levelset

JULY 21, 2022

For example, contract bonds — like payment or performance bonds — are project-specific bonds that protect the property owner and subcontractors. However, surety companies evaluate each state’s requirements individually so rates for similar limits in other states may be different should there be a greater risk present.

Contractors 52

Contractors Claims Oregon Residential 52

Construction Business Owner

OCTOBER 20, 2011

The teams were instructed to decorate the outside of their tipis with symbols representing the past, the present, and the future of the CFMA. Public Exposure and Liability on Construction Sites. The final team exercise was to construct a tipi (this, I learned, is the correct spelling of the Lakota word “thipi” meaning “dwelling”).

CFMA 120

CFMA Construction Software Software 120

Construction Business Owner

JUNE 1, 2012

Each user can typically customize their own dashboard to present just the information that’s important to them, and multiple individuals can be given publishing ability to post information. Public Exposure and Liability on Construction Sites. Committing Intentional Project Communications. August 2012. April 2012. March 2012.

Construction 120

Construction Software Software Accounting 120

Construction Business Owner

FEBRUARY 2, 2012

If leadership success was measured only on profitability, then there were certainly many “great leaders” sitting in the CEO position of many contracting companies. When people know the objective and their role in achieving it, they are fortified against a difficult present and an uncertain future. August 2012. April 2012. March 2012.

Construction 120

Construction Software Software Accounting 120