Constructlaw

MARCH 10, 2023

ALS’s subcontract permitted the DOT to hold back 60% of its payments to assure ALS would warranty the work, which ALS did with site checks performed between June 2019 and May 2020. Drafting subcontracts appropriately can give both developers and subcontractors greater security and reliability of outcome.

Connecticut 52

Connecticut Subcontracting Claims Travel 52

Construction Dive

JUNE 30, 2016

By Bruce Jervis “Pay-if-paid” clauses in subcontracts are controversial. Many consider it unfair for a prime contractor to shift the risk of project owner nonpayment to a subcontractor that has no business relationship with the owner. In most states, however, they are enforceable if clearly drafted.

Subcontracting 48

Subcontracting Drafting Risk Contract 48

Construction Dive

JANUARY 9, 2013

It may affect the enforceability of the contract clause itself. A payment clause in a subcontract stated that payment by the project owner to the prime contractor was a “condition precedent” to the contractor’s obligation to pay the subcontractor. It means an event which must occur before a legal obligation arises.

Contract 48

Contract Subcontracting Legal Ohio 48

NH Construction Law

NOVEMBER 30, 2020

in the United States District Court for any district in which the contract was to be performed and executed.” Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. What if the parties’ contract calls for arbitration?

Claims 40

Claims Subcontracting United States Contract 40

NH Construction Law

DECEMBER 30, 2023

Many construction contracts and subcontracts, both residential and commercial, provide that any addition or deletion from the scope of work described in the contract must be documented by a written change order. ” The issue of waiver arises only when a party is suing under the contract. An example is D.M.

Change Orders 40

Change Orders Contract Subcontracting Commercial 40

Construction Dive

FEBRUARY 2, 2017

By Bruce Jervis The enforceability of “pay-if-paid” clauses in subcontracts has been litigated extensively. The clauses are controversial because they purport to shift the risk of project owner nonpayment from the prime contractor, which has a contract with the owner, to subcontractors, which do not.

Subcontracting 48

Subcontracting Risk Contract Contractors 48

NH Construction Law

MARCH 24, 2018

Given the importance of nailing down any changes to an original scope of work along with their price and schedule effects, many construction contracts require change orders to be in writing, and even define change orders as written instruments. Should he suspend work, and risk being in breach? Section 7.2.1 There may be another option.

Change Orders 40

Change Orders Subcontracting Contract Claims 40

Best Practices Construction Law

JUNE 12, 2015

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. So, what should your contracts provide?

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Best Practices Construction Law

FEBRUARY 21, 2018

Proper insurance coverage is an important risk management tool for contractors, subcontractors, project owners/developers and design professionals. Whether you are required by contract or law, purchase and maintaining the appropriate coverage can help you avoid catastrophe on your project.

Insurance 54

Insurance Subcontracting Injury Construction 54

cnstrctr

JULY 1, 2019

These reports should summarize the overall budget, potential change orders, cash flow, risks and more. The contract is the first place to start when determining how frequently your construction financial reports should be issued. Forecast – depending on your contract type the reporting requirements here will vary.

Cash Flow 60

Cash Flow Forecasting Construction Contract 60

NH Construction Law

APRIL 29, 2021

In the “cost-plus-a-fee” or “time and materials” mode of contracting, materials price increases are generally passed on to the owner – but even here, guaranteed maximum price (GMP) provisions often cap the contractor’s ability to pass on price increases to the owner.

Deals 40

Deals Contract Negotiation Materials 40

NH Construction Law

MAY 20, 2023

The main purpose of such clauses is to shift the risk of owner nonpayment, whether due to owner insolvency or owner breach, from the contractor to the subcontractors. “Conditions in contracts are construed in accordance with their ordinary meaning.” JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d at 1200.

Contractors 40

Contractors Bargains New Hampshire Contract 40

NH Construction Law

AUGUST 21, 2022

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. ” Id. ” Id. million,” id. But I think the answer to the question is yes. Punch list completion and warranty obligations will not be bonded!

Liability 40

Liability Contract AIA Contractors 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.

Contract 56

Contract Change Orders Lien Contractors 56

Levelset

SEPTEMBER 12, 2022

The floater can stand alone or be a limited part of a builder’s risk business policy. Subcontractors face risk from a variety of angles , and some of those exposures can be addressed through a GC’s policy. Learn more – Builder’s Risk vs. General Liability for Contractors: What’s the Difference? But, therein lies the rub. .

Insurance 52

Insurance Liability Risk Materials 52

NH Construction Law

MAY 28, 2018

Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. But hey, who ever said that general contracting was risk-free?

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Construction Dive

MAY 21, 2014

This is one of the biggest cost risks of performing construction work, but it is difficult to control. Construction contracts usually address the matter of site access. Yet, the property that affords site access is almost always controlled by others – the project owner, public authorities or other third parties.

Site 51

Site Subcontracting Bidding Procurement 51

NH Construction Law

AUGUST 11, 2018

A&M’s subcontract required it to assume full responsibility for implementing safety programs on the project, to maintain all work areas in a safe manner, and to furnish all safety equipment. Jones Lang Lasalle Construction Co. , 203 (2018), provides some guidance.

Subcontracting 40

Subcontracting Safety Compensation Claims 40

Levelset

SEPTEMBER 14, 2022

Let’s take a look a subcontractor insurance: when it’s needed, what happens if a sub goes uninsured, and what policies subs can use to protect their businesses from risk. Such an occurrence could threaten the existence of your contracting business. Do subcontractors need insurance? Subs absolutely need insurance.

Insurance 98

Insurance Liability Claims Injury 98

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

Job Order Contracting

APRIL 1, 2019

Shared risk/reward. Integrated Project Delivery, IPD, for major new construction, and Job Order Contracting, JOC, for repair, renovation, and minor new construction are two fully vetted forms of LEAN construction delivery. Early and ongoing participation. Common data environment. Mutual trust respect. Initial and ongoing training.

Estimating 130

Estimating Construction Procurement Change Orders 130

Levelset

MARCH 21, 2022

This should be clearly stated in your contract. Be sure to go over payment terms with them when discussing the contract, so they can plan ahead. Subcontracting work also allows you to delay payment. By using a subcontractor, you can defer some of your own risk down the payment chain to them. No more waiting for payment.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Autodesk Construction Cloud

OCTOBER 21, 2022

Since a general contractor often contracts out these key project elements, understanding the construction bidding process is important for all involved. Subcontracting. This process is known as subcontracting. Contract negotiation and formation. However, owners may have less input in design and construction management. .

Bidding 52

Bidding Construction Contractors Contract 52

Construction Marketing Ideas

MARCH 11, 2016

While the definition of a default depends on the terms of the SDI policy, it is solely based on a failure to fulfill the terms of a covered subcontract. SDI is a two-party contract, between the general contractor and the SDI carrier; the contractor pays the premium to the SDI carrier and the subcontractor pays nothing.

Legal 48

Legal Consulting Subcontracting Industrial 48

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. LA Plumbing is providing plumbing work on the project, and their subcontract is worth $2 million. What is subcontractor default insurance? Ty Moffett, Bond Department Manager at A.G.

Insurance 52

Insurance Contractors Claims ABC 52

NH Construction Law

DECEMBER 19, 2021

Particularly if the original contract went south due to defective workmanship issues, the newcomer will often be tasked not only with finishing up uncompleted scope, but with correcting existing mistakes. Parem Contracting Corp. Downing , 135 N.H. Who has the burden of proof on this issue? Welch Construction Co.,

Contractors 40

Contractors Liability Bidding Contract 40

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.

Contract 40

Contract Illinois Legal Construction 40

Job Order Contracting

APRIL 1, 2019

Early and ongoing participation Shared risk/reward Common data environment Mutual trust respect Initial and ongoing training Written operations manual and/or execution guide Continuous improvement Global oversight and leadership with local empowerment.

Estimating 100

Estimating Procurement Change Orders Renovating 100

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. Shared risk/reward. Will you earn a reasonable profit?

Contract 100

Contract Contractors Consulting Software 100

Fieldwire

DECEMBER 12, 2023

Without proper planning, there may be an increased risk of delays. Effective project management Successful subcontracting relies on effective project management. Document management : Project documents such as contracts, blueprints and photos are easily accessible in a construction project management software.

Project Management 96

Project Management Construction Schedule Software 96

Levelset

JUNE 29, 2022

This standard ( 1926.100 ) requires all employees to wear head protection anytime there is a risk of head injury from “impact, or from falling or flying objects, or from electrical shock and burns.” If you haven’t guessed by now, OSHA inspectors pay close attention when employees are at risk of falling. Contract breach es.

OSHA 52

OSHA Inspections Construction Safety 52

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.

Commercial 168

Commercial Construction Lien Deals 168

Green Building Law Update

DECEMBER 13, 2015

Permapost had a subcontract to apply pressure-treated PolyClear 2000 preservative to the Parallams. They have not shown that the breach of contract. Clark Construction was the general contractor. Weyerhaeuser was the subcontractor that supplied Parallams to Clark Construction for both interior and exterior use.

Foundation 120

Foundation Liability Maryland Claims 120

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. What types of insurance can a plumbing contractor use?

Insurance 52

Insurance Liability Injury Compensation 52

Building Information Management

JULY 31, 2014

Construction delivery methods that better integrate people and technology such as Integrated Project Delivery (IPD) and Job Order Contracting (JOC)* have proven to help address the issue of poor productivity across the AECOO spectrum (architecture, engineering, construction, operations, owners).

Products 40

Products Life Cycle Procurement Construction 40

Job Order Contracting

MARCH 29, 2018

On-Call Contracts Not Kosher. Over the past two to three years, there has been much interest and discussion about on-call contracts by local agencies, mostly related to prevailing wages for these types of contracts. On-Call Contracts Defined. What are on-call contracts? MRSC “White Paper” Retracted .

Contract 100

Contract Bidding Construction Budgeting 100

Job Order Contracting

APRIL 2, 2019

Joint focus upon best value outcomes Early and ongoing participation and information sharing Shared risk/reward Common data environment Mutual trust respect Initial and ongoing training Written operations manual and/or execution guide Continuous improvement Global oversight and leadership with local empowerment.

Estimating 100

Estimating Procurement Change Orders Comparison 100