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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Contract Subcontracting Drafting Virginia 77

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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Contract Contractors Negotiation Subcontracting 52

Green Building Law Update

AUGUST 16, 2020

Today, the contracts for the sale and purchase of a house are often provided through a multiple listing service usually by a local board of realtors and most of the forms in common use do not adequately address the admittedly new and only now evolving issues arising from a sale with rooftop solar panels.

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Housing Leases Residential Contract 207

Levelset

MARCH 16, 2022

Also, the general contractor or project manager will check on the subs constantly to ensure that they’re doing the work according to the contract, staying on top of deadlines, and maintaining the budget. Financial risks to contractors during performance and monitoring. How long does it last? The construction phase. Learn more.

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Lien Construction Budgeting Budget 52

Construction Lawyer

MARCH 13, 2012

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. In other words, you use the stuff we post here at your own risk. illinois supplier denied mechanics lien. National City Mortgage v.

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Lien Illinois AIA Chicago 40

Autodesk Construction Cloud

FEBRUARY 1, 2024

The inherent business-breaking risk can even lead many subcontractors to refrain from bidding on projects if a general contractor or an owner has a reputation for slow payments. Increasing financial risk. High compliance risk. Moreover, manual payment processes also increase compliance risk. Why Payapps?

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Autodesk Cash Flow Construction Risk 87

Levelset

APRIL 15, 2022

If the insurance company is dragging their feet, a restoration contractor can still likely file a mechanics lien on the property. AOBs and mechanics liens. A mechanics lien is hands down a contractor’s most effective tool to ensure they get paid for their work. Learn more: How to calculate your collection effectiveness.

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Insurance Contractors Lien Claims 52

Construction Law Monitor

JUNE 17, 2014

In Louisiana public contracts and jobs have been gaining momentum for my clients. Entering into a contract for a construction project with a public entity has strict regulation. Recently, these same contractors have been taking on the risk for the reward of more work. Public Bid Law. The exact language of La R.S.

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Louisiana Materials Contract Lien 58

NH Construction Law

FEBRUARY 25, 2023

Owner/borrowers like it as well; preventing the contractor from getting ahead of them in payments incentivizes proper contract performance, and a set of professional eyes to determine whether the contractor’s draw requests are justified is a welcome feature. That puts the owner/borrower in a pickle. Don’t count on it.

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Banking Inspections Construction Lien 40

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.

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Contract Change Orders Lien Contractors 56

Levelset

AUGUST 16, 2022

However, larger projects come with greater risks and additional challenges. Large, multi-year projects are also more likely to face risks from potential economic changes, supply chain issues, and other unforeseen pressures that can threaten them. GCs can also purchase subcontractor default insurance to reduce this risk.

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Risk Cash Flow Construction Banking 52

Levelset

SEPTEMBER 23, 2022

General contractors know these risks when they take the role. However, with the amount of risk involved in a standard construction project, general contractors typically need to hold multiple policies. Builder’s risk insurance. Verdict: Builder’s risk insurance may cover subcontractor damage in some situations.

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Insurance Liability Accidents Risk 52

Construction Law Monitor

JUNE 16, 2014

In Louisiana public contracts and jobs have been gaining momentum for my clients. Entering into a contract for a construction project with a public entity has strict regulation. Recently, these same contractors have been taking on the risk for the reward of more work. Public Bid Law. The exact language of La R.S.

Louisiana 40

Louisiana Materials Contract Lien 40

NH Construction Law

APRIL 26, 2018

Sometimes this unanticipated time/space compression is the owner’s fault, in which case the general contractor/construction manager and its subcontractors will likely be entitled to increased compensation by change order or otherwise -- and to a mechanic’s lien if that increase is not paid. See Town of Bedford v. Brooks , 121 N.H.

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Lien Compensation Change Orders Subcontracting 40

Lets Build

MAY 11, 2020

The study points out that even if companies have policies in place to deal with such risks, they are not activated until it is too late. Organisations tend to not take the risks seriously until they manifest fully. As many contractors face several disruptions and delays, they may be unable to fulfill their end of the contract.

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Industrial Construction Conference Compensation 178

Construction Lawyer

MAY 21, 2009

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. In other words, you use the stuff we post here at your own risk. Subcontractors Mechanics lien allowed where bank seized generals funds. Francis , No.

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Lien Illinois AIA Chicago 40

Construction Lawyer

APRIL 20, 2009

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. In other words, you use the stuff we post here at your own risk. Idle Equipment not entitled to Lien in Missouri. mechanics liens. Categories.

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Lien Missouri Equipment Illinois 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.

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Agreement Contract Insurance Construction 57

Levelset

MAY 2, 2022

One way to illustrate this is to provide the supplier with a copy of the project contract to show the size of the project and the timeline. Levelset’s Contractor Profiles provide information on a contractor’s payment history, lien claims, and reviews from other contractors and suppliers. Get more trade preferences. Need more credit?

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Negotiation Materials Cash Flow Finance 52

Best Practices Construction Law

NOVEMBER 6, 2019

In the same letter as its refusal, the contractor said it would release the retainage payment “which was pending receipt of a Waiver of Lien. Depending on your state’s law, if you negotiate a check that is marked “paid in full” or even “final payment” then you are risking the fact that you may be settling any claims you have.

Vermont 54

Vermont Lien Claims Negotiation 54

Construction Lawyer

MARCH 16, 2012

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. In other words, you use the stuff we post here at your own risk. « illinois supplier denied mechanics lien | Main. Merrill Lynch , 2012 U.S.

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Contract Illinois AIA Chicago 40

Help Everybody Everyday

MARCH 6, 2009

As a Principal, Business Developer, or someone who is responsible for bringing in business for your construction firm, you are very likely to come across contracts. Contracts are an agreement signed by your firm and a client that sets the rules for the work to be done. Clauses specifying a location for any lawsuit.

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Contract Claims Legal Lien 48

HardHatChat

FEBRUARY 9, 2010

Can you use the existing subcontractors within the balance of their contract value or do you need to rebid the entire project? By using the existing subcontractors instead of hiring someone new, you can resolve or avoid a mechanics lien as you’ll be adhering to the original subcontractor contract.

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Commercial Construction Lien Deals 168

Construction Lawyer

MAY 13, 2009

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. In other words, you use the stuff we post here at your own risk. Risks in LEED design. TrackBack URL for this entry: [link].

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Risk Design Illinois AIA 40

Levelset

AUGUST 15, 2022

For contractors, the issues often start with a lack of credit applications: “Most [contractors] rely on the proposal or contract, which does not provide all the information necessary to assess the customers,” Dudley says. I can’t get that off a contract. Balance that against the risk/reward philosophy of your company.”.

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Construction Lien Contractors Management 52

Construction Law Monitor

NOVEMBER 9, 2010

Number Two: Lien and Notice Requirements. The lien laws are there to protect folks, but it seems that every state in the Union is a bit conflicted about who the laws are designed to help. In some states, the law is construed in favor of the lien claimant and against all other parties. Why are they in the contracts?

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Legal Lien US Contract 71

Levelset

APRIL 28, 2022

While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC. In addition, SubGuard does not provide protection against mechanics liens from unpaid second-tier subs and suppliers. What is subcontractor default insurance? Learn more.

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Insurance Contractors Claims ABC 52

Levelset

JUNE 6, 2022

The rate of retention is stipulated in the construction contract and can often be negotiated. Contractors must weigh whether to use a mechanics lien to protect their payment rights. This gets sticky because it often takes longer to get paid retention than the lien deadline allows.

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Accounting ABC Banking Liability 98

Construction Lawyer

MAY 2, 2012

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. In other words, you use the stuff we post here at your own risk. Construction Contracts arbitration provision is separable, based on Rent-A-Center.

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Contract Illinois Legal Construction 40

Levelset

APRIL 8, 2022

Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects. But for many types of work, restoration contractors have the right to file a lien on their property if they fail to pay. Is restoration work covered by the policy?

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Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects. . But for many types of work, restoration contractors have the right to file a lien on their property if they fail to pay. . Is restoration work covered by the policy?

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Insurance Claims Agreement Lien 52

Construction Lawyer

SEPTEMBER 22, 2005

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. In other words, you use the stuff we post here at your own risk. Waivers of liens: fraud. mechanics liens. TrackBack URL for this entry: [link].

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Lien Illinois AIA Chicago 40

NH Construction Law

MAY 28, 2018

Finally, the general should insist -- even if the owner doesn’t -- on sworn lien waivers with each progress payment to the sub, verifying that the sub has paid for all labor and materials on the project with the last progress payment and will do so out of the present progress payment. If the sub falsely swears (it happens!),

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Subcontracting New Hampshire Lien Insurance 40

Construction Lawyer

OCTOBER 6, 2012

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. In other words, you use the stuff we post here at your own risk. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

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Illinois Lien Banking AIA 40

Construction Lawyer

APRIL 15, 2009

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. In other words, you use the stuff we post here at your own risk. Arbitrators award attorneys fees, contract notwithstanding. mechanics liens.

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Contract Illinois AIA Chicago 40

Autodesk Construction Cloud

DECEMBER 18, 2021

In fact, you typically won’t be able to release final retainage without it—effectively putting as much as 10% of your contract at stake. Risk assessment is the fifth step and requires you to identify potential risks or liabilities that could arise in the future. Step 5: Risk Assessment. Common Project Closeout Problems.

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Change Orders Documentation Equipment Risk 52

Lets Build

APRIL 6, 2022

The purpose of retainage is to reduce the owner’s risk of a contractor not completing the project to their specifications. For example, a $50,000 contract with 5% retainage doesn’t mean you’re out $2,500 from the onset of your project; you’ll deduct the retainage from each milestone payment. Retainage and mechanic’s liens.

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Cash Flow Lien Construction Negotiation 147