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’.

Risk 52

Risk Contract Management Maine 52

Levelset

MAY 2, 2022

Contractors trying to grow their business and take on larger projects often struggle to manage their cash flow to purchase the materials they need. Many contractors use trade credit to delay paying for materials and keep more cash in their pockets. If you are a subcontractor, you can review your general contractor’s payment activity.

Negotiation 52

Negotiation Materials Cash Flow Finance 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. For this reason, construction professionals must find better ways to craft and negotiate agreements. The shifting of risk and liabilities is a very common practice when drafting contracts.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Lets Build

APRIL 6, 2022

Large upfront costs and long waiting periods between payments are a normal occurrence; retainage adds to this cash flow problem for contractors and project managers. The retainage definition is simple – it’s the percentage of a contract’s price that’s withheld from a contractor. Retainage percentages and negotiations.

Cash Flow 147

Cash Flow Lien Construction Negotiation 147

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

Best Practices Construction Law

MAY 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?

Risk 69

Risk Materials Contract Contractors 69

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.

Construction 52

Construction Legal Cash Flow Insurance 52

Job Order Contracting

JULY 29, 2021

Adversarial, change-order-oriented environment is common between owner, A/E, and contractor. No contractor and limited A/E assistance with detailed estimating, plan checking, and constructability reviews during design phase. A/E and contractor work together through all phases of the project. Construction Manager at Risk.

Design 130

Design Bidding Engineering Construction 130

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. Termination Termination: fortune may favour the brave (and well-prepared) Termination of contracts is on the rise, even though it is still regarded as a last resort, one that carries risks.

Construction 52

Construction Liability Risk Contract 52

Job Order Contracting

APRIL 22, 2019

CSI Masteformat) Mutual trust and respect Shared risk and reward Required initial and ongoing training Continuous improvement Owner leadership. JOC Program compliance JOC Program transparency Risk mitigation Support for all JOC Program/Project sizes Fully auditable Ongoing training and support. Reduced project delivery times.

Procurement 100

Procurement CSI Contract Negotiation 100

Job Order Contracting

JULY 28, 2021

California Contractor Tests the Bounds of Job Order Contracting. When entering into a JOC contract, a JOC contractor agrees to perform work at prices set forth in a Construction Task Catalog also known as a unit price book which includes current local labor, material and equipment costs. Torres Construction Corp.,

Contract 130

Contract Negotiation Los Angeles Estimating 130

Federal Construction Contracting Blog

JUNE 27, 2022

Some of those settlements resulted from Alternative Dispute Resolution (ADR), which the Board enthusiastically promotes, or simply reflected settlements achieved by the parties through negotiation. It involves a realistic litigation risk assessment that provides the client with an explanation of the strengths and weaknesses of the case.

Claims 52

Claims Negotiation Contractors Spirit 52

Autodesk Construction Cloud

SEPTEMBER 1, 2022

Under a cost-plus contract, contractors are paid for all of their construction-related expenses. This type of construction contract is usually looked upon pretty favorably by contractors. There’s seemingly no risk of losing money on materials. These agreements limit the cost-risk for the customer. Cost-Plus Contract.

Contract 98

Contract Maine Construction Agreement 98

Levelset

APRIL 15, 2022

They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. Contractors often wish they could simply deal with the insurance company directly through an assignment of benefits. Pros & cons for contractors. Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 52

Wolgast Corporation

APRIL 25, 2022

This new building can be built to suit your operational needs rather than trying to fit your operation into an existing floor plan, and with limited risk to your business. The developer reviews the business owner/lessee’s business financials and determines that he or she is a qualified candidate to take on the risk of building their building.

Leases 62

Leases Risk Finance Negotiation 62

HardHatChat

JANUARY 18, 2011

I know this is a tough one to follow as we all need to keep commercial construction budgets in check, but we saw too many companies go with pick-up truck contractors in 2010 only to be burned later. Also, by using poorly maintained equipment, you carry a higher risk of equipment malfunction, which could jeopardize your safety plan.

Commercial 263

Commercial Bidding Negotiation Construction 263

Wolgast Corporation

DECEMBER 12, 2022

Here is one secret of the trade to save significant time during pre-construction, by giving your contractor a ballpark budget before design and/or estimating starts, an owner can take a shortcut in the preliminary phase and get to construction sooner. We can come to the owner with ideas without delays.

Budgeting 126

Budgeting Budget Estimating Construction 126

Autodesk Construction Cloud

JULY 13, 2023

As a general contractor, you can start thinking, “Okay, how can we put some of this work back into our own guys?” Recognize that risks are part of the territory Reducing risk starts by recognizing it. We typically become more accepting of risk. Risk mitigation is very important. .”

Profitability 98

Profitability Risk Construction Autodesk 98

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. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. Courts across the country vary in their treatment of these issues.

Contract 77

Contract Subcontracting Drafting Virginia 77

Job Order Contracting

NOVEMBER 27, 2017

Simple… a consistent and fully transparent solution that enables owners and construction contractors to deliver over 90% of renovation, repair, and minor new construction projects on-time, on-budget, and to everyone’s satisfaction. Risk mitigation. What is OpenJOC LEAN Job Order Contracting? Reduced project delivery times.

Contract 100

Contract Life Cycle Budgeting Budget 100

Construction Dive

JULY 23, 2014

By Bruce Jervis It has long been controversial: Should design professionals be directly liable to construction contractors for deficiencies in the drawings and specifications? On one hand, contractors necessarily rely on the design documents when bidding and performing the work. There are arguments on each side. ” Read more.

Drawings 56

Drawings Contractors Design Liability 56

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. JOC Coefficient: Do’s.

Contract 100

Contract Contractors Consulting Software 100

Job Order Contracting

MAY 9, 2017

As a real proper owner, facilities management professional, or construction contractor, is important to review internal policies, procedures and controls with respect to your JOC Program and Estimating Construction Costs for Job Order Contracts : Are there areas of risk and/or compliance issues? Project on time. Project on time.

Estimating 100

Estimating Contract Change Orders Construction 100

Construction Specifier

JANUARY 28, 2021

A substantial challenge faced by professionals preparing construction specifications for design-build projects is most master specifications were developed for traditional DBB or its ‘close relation,’ design-negotiate-build (DNB). Greater challenges arise when adapting DBB source documents for design-build.

Design 52

Design Documentation Negotiation Contract 52

BD+C

SEPTEMBER 8, 2023

Scott Martin, PE, LEED AP, DBIA Building Team Contractors Designers Designers / Specifiers / Landscape Architects Engineers Facility Managers Architects Building Owners Recently, I was asked to present to a group of aspiring engineers at the Florida A&M-Florida State University College of Engineering.

Structural Engineering 111

Structural Engineering Engineering Florida Raleigh 111

Viewpoint Construction Technology

FEBRUARY 19, 2019

Effectively managing cash flow is critical for contractors’ success. Better manage commercial risk and opportunity. This takes the task of forecasting cash flow from complex, high-risk and error-prone systems to an integrated, logical and standardised process. Understand future cash position and potential funding needs.

Cash Flow 130

Cash Flow Forecasting Construction Software 130

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

Autodesk Construction Cloud

JULY 13, 2023

As a general contractor, you can start thinking, "Okay, how can we put some of this work back into our own guys?" Recognize that risks are part of the territory Reducing risk starts by recognizing it. We typically become more accepting of risk. Here's some advice from previous podcast guests on how to do just that.

Profitability 52

Profitability Risk Construction Autodesk 52

CivilJungle

NOVEMBER 8, 2022

Tenders are of several kinds, counting open tender, selective, serial tender, and negotiated tender. Negotiation Tender. Advantages of Negotiation Tender. Here, the pros of Negotiation tenders are as follows. This application of the construction tendering process reduces the risk of non-success. Negotiated tender.

Negotiation 52

Negotiation Bidding Construction Contract 52

Best Practices Construction Law

NOVEMBER 6, 2019

The Supreme Court of Vermont recently held that the conditions attached to a contractor’s payment of retainage to a subcontractor violated the state’s Prompt Pay Act. By letter to the subcontractor, the contractor refused to pay the additional monies. ” The contractor did not reply. In J&K Tile Company v.

Vermont 54

Vermont Lien Claims Negotiation 54

Autodesk Construction Cloud

DECEMBER 6, 2023

Designed with GCs and specialty contractors in mind, CMiC offers advanced accounts payable, accounts receivable, and billing capabilities. There’s too much risk in manual entry or upload so an integration was a non-negotiable for us.” CMiC helps firms carry out smart financial management practices to optimize revenue.

Autodesk 98

Autodesk Management Construction Accounting 98

Job Order Contracting

OCTOBER 24, 2017

Shared Risk/Reward. Associated Documents and Reports (JOC Operations Manual, Notice to Bidders, Bid Forms, RFP, Proposal Form, Negotiations Records, Close-out Form/Package). Contractor coefficient(s) – Normal Hours, Outside of Normal Hours, Special Access, etc. Shorter Project Delivery Times. Mutual Trust/Respect.

Budgeting 100

Budgeting Budget Renovating Overhead 100

Job Order Contracting

OCTOBER 18, 2016

If an existing eligible requirements contract totally covers the job order’s work requirement, the work may be awarded to the Contractor holding that contract. The Contractor’s requirement for plans, sketches, shop drawings, as-builts, etc. This target may be modified after the Contractor has prepared a detailed proposal.

Contract 100

Contract Procurement Negotiation Project Management 100

Best Practices Construction Law

JANUARY 22, 2018

the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

Autodesk Construction Cloud

JANUARY 19, 2022

If Project B can’t pay its vendors or crew on time, the whole project is at risk. Negotiate better contract terms. This is a trap contractors often fall into. It’s important to take the time to negotiate the best contract terms possible. With overbilling, you run the risk of not realizing you overbilled.

Cash Flow 59

Cash Flow Management Profitability Change Orders 59

Construction Law

JUNE 9, 2020

That means updating and reviewing risk assessments and ensuring that on site social distancing and hygiene requirements are supervised and complied with. The scene is set though for some long and protracted battles over how much contractors are to be paid for the delay and disruption caused by new ways of working.

Contract 52

Contract Site Claims Contractors 52

Fieldwire

APRIL 24, 2023

The sharp rise in prices has made essential materials such as steel, lumber and insulation unaffordable for many professionals, especially independent contractors. All in all, the return on investment makes up for this and contractors should find a way to integrate these big data technologies into their operations.

Inventory 52

Inventory BIM Construction Materials 52