Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim? Owners often begins negotiations from the opposite end of the spectrum for the same reasons.

Restaurant Construction Franchise on the Rise – Where do you start?

Commercial Construction

Whether you’re planning on buying a franchise agreement or you’re a shopping center landlord negotiating construction concessions with a franchise operator, you should know what is ahead of you.

Trending Sources

USPS Daly City, CA — breaking paradigms

The Korte Company

After the original land negotiations fell through, the USPS was in need of a facility, which they found with the help of a developer. While the 250,000-square-foot building met their size requirements, it had definitely seen better days.

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Smart Built Culture Book - The Current Table of Contents

Collaborative Construction

As readers may recall I am writing a book titled Smart Built Culture$ Fixing Our Broke Built Culture" and I wanted to share a draft copy of the current table of contents. Significant work remains on the later chapters but the first half of the book is coming together.

Englewood Commercial Construction News: Two of the Best Words in Business…We’re Hiring

Commercial Construction

We continued to harbor our relationships even though many commercial construction budgets were tabled and as a result, we are receiving an increase in negotiated bids. I always say, the definition of luck is when preparedness meets opportunity.

IPD & BIM Resources

Collaborative Construction

Welcome to the Collaborative Revolution! I've gathered an eclectic pile of IPD and BIM related resources over the past few years. Below are links to a few of the materials available on the web readers may find useful. I'll add more from time to time but this is a good place to start for anyone seeking information.

Stopping (STUPID)X aka Avoiding the Classic Pitfalls

Collaborative Construction

4 - Project Scope Definition and Management (getting a clear understanding of the scope and sign-off upfront, with managed change control). In this phase Collaboratively negotiated legal agreements positively and significantly impact the six common pitfalls listed in the Oracle White Paper.

FEDERAL JOB ORDER CONTRACTING – An Outline

Building Information Management

Negotiations and Source Selection. Negotiation of Task Order. Memorandum of Negotiations. Glossary / Definitions. DEFINITIONS. ” Orders placed by ordering officers are included in the FAR definition of “contract.”

JOB ORDER CONTRACT Glossary / Terms / Defintions – JOC , JOB ORDER CONTRACTING

Building Information Management

A set of definitions related to Job Order Contracting / JOC. The documentation associate with the Job Order Contract including: RFP, Qualification statements, Contractors proposal (all portions), corporate commitments, marketing and business plans, negotiated oral commitments as noted and approved, and coefficients. When the line items are agreed to it becomes a lump sum firm fixed price contract for that negotiated scope of services.

Include Skill Level In Your Pricing

PSMJ Resources

The client''s needs may not be totally defined at this point, but if you have prepared your definitions of service skill levels, the appropriate level for that project should be fairly clear. This approach is helpful in negotiating the contract. Other professions vary their prices depending upon skill level, why don''t we? Why do we use standard billing rates when we design projects that use differing levels of professional skill?

Job Order Contract Program Execution Guide

Building Information Management

Task order negotiations. GLOSSARY AND DEFINITIONS Job Order Contract Program Execution Guide. Every “best practice” Job Order Contract requires are Job Order Contract Execution Guide and/or a Job Order Contract Operations Manual as a component of the contract.

Job Order Contracting – JOC – DOD – AFARS

Building Information Management

5117.9001 Definitions. d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e., The annual maximum is connected with the bonding requirement (see the definition at 5117.9001). (c)

Southernstar Consultants LLC For Construction Company Owners

Contractor Bookkeeping

As you know our primary focus is on working with micro and small contractor with annual sales volumes between startup of $0 to $5m to help you achieve your definition of success.

Job Order Contract

Building Information Management

– Owner/Contractor Negotiations. Common Standard Terms, Definitions, & Data Architectures (UNIFORMAT, MASTERFORMAT, OMNICLASS).

Job Order Contract

Building Information Management

– Owner/Contractor Negotiations. Common Standard Terms, Definitions, & Data Architectures (UNIFORMAT, MASTERFORMAT, OMNICLASS).

What are Simplified Acquisition of Base Engineer Requirements (SABER)

Building Information Management

Definitions. The Task Order price is the product of required tasks, quantity, unit of issue, UPG price per unit, and the coefficient plus the negotiated price for any non-priced items (NPI). NPIs must be within the basic intent and general scope of the contract and be negotiated separately from UPG items before issuance of the TO. After contract award, the time required to estimate, propose, negotiate, and issue TOs for individual projects is four weeks, or less; and.

Guest Blog – 5 Common Misconceptions About Surety Bonds

Construction Law Monitor

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Myths Behind Construction Estimating

Construction Cost Estimating

Estimating is a vital process in a construction business as it can increase the profit margin of an owner to a great extent.

A Brief Introduction to Government Construction – IDIQ, JOC, SABER and More – In 4 Steps

Building Information Management

Delivery orders for individual projects can be estimated, proposed, negotiated, and issued in 3 to 4 weeks or less. Definitions/Abbreviations: AE services: Professional services of an architectural or engineering nature that are required to be performed or approved by a person licensed, registered or certified to provide those services. The world of Government Construction involves many different areas, the following are just a few.

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Smart Built Culture Answers

Collaborative Construction

Negotiating a new generation compensation model that rewards providers for delivering value is a critical component of a good IPD agreement. These are good templates from which to begin negotiations.

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Job Order Contracting – Best Management Practices

Building Information Management

Cost and accounting transparency via standardized cost data architectures, terms, and definitions. The purpose of LEAN is to standardize and clarify terms, definitions, and requirements. Owner/Contractor negotiations and/or changes as needed.

Leaseback: Get a New Building While Keeping Capital in Your Business

Wolgast Corporation Blog

By definition, leaseback is a construction delivery method whereby a developer builds, finances, and leases a facility back to a business owner, allowing him or her to keep capital in the business. Build to Suit.

SharePoint Savvy?

Carol Hagen

What SharePoint does best is collaboration when dealing with “working” documents like construction contract negotiations. SharePoint 2007 has been marketed as a content management system, but as explained in “ 8 Things SharePoint 2010 Needs to Be a True ECM System “, there are definite shortcomings that need to be addressed. Apparently many managers think SharePoint is the defacto industry standard when it comes to collaboration.

What is JOC – JOB ORDER CONTRACTING? A JOB ORDER CONTRACT?

Building Information Management

The contract includes a unit price book (UPB) that establishes a unit price to be paid for each of a multitude of construction line items including pre-priced/pre-negotiated items of work and materials.

The Best Time to Mediate A Dispute is Yesterday

Construction Law Monitor

By definition, all mediation is voluntary. Then the parties dig back in and litigate or negotiate independently. Mediation is a voluntary negotiation process where a neutral third party helps to facilitate the parties making an agreement.

Collaborative Construction Blog: The Energy Revolution. Professor.

Collaborative Construction

Collaborative Construction Resources, LLC helps owners craft IPD procurement strategies that enable them to acquire BIM enabled infrastructure from integrated teams and helps those teams craft, negotiate and implement integrated agreements. You will definitely want to read the whole thing. skip to main | skip to sidebar. Collaborative Construction Blog.

Job Order Contracting – Best Practices Implementation

Building Information Management

Labor costs will be reimbursed to the Contractor at the unit price rate multiplied by the Contractor negotiated coefficient(s). Supervisory costs are to be part of Contractor’s negotiated coefficient and will not be reimbursed as a separate labor. . JOB ORDER CONTRACTING.

Collaborative Construction Blog: Wicked IPD Procurement Programs

Collaborative Construction

Collaborative Construction Resources, LLC helps owners craft IPD procurement strategies that enable them to acquire BIM enabled infrastructure from integrated teams and helps those teams craft, negotiate and implement integrated agreements. I must say that the subject matter is well discussed and I will definitely coming back for more. skip to main | skip to sidebar. Collaborative Construction Blog.

Top Line: A Faint Heartbeat for “Implied Waiver”?

Nuts and Bolts

For a period of some months, the surety and the City exchanged information and negotiated about those changes. The surety sued, claiming that the City’s willingness to negotiate on a project it had closed was at least implied waiver of the notice requirements. But, the Washington Supreme Court disagreed, curiously holding that the City’s behavior in negotiating extras with the surety was “equivocal,” and therefore not “unequivocal,” leading to a Mike M.

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Has the “Services Addendum” Contract Model Run Course?

Nuts and Bolts

In dueling motions for summary judgment, the trial court sided with the Department, and Bravern appealed. The Court of Appeals agreed that because PCL—not Bravern—was required to perform the construction work, it was not a “speculative builder” under the WAC definition. In one instance, I represented a subcontractor trying to negotiate a contract with the contractor-one percent-member of a developing LLC.

Logistics: On the Road, Water or Rails…or in the Air — AGAIN

Business Facilities Blog

However or wherever you decide to locate your business, the “state of logistics” should definitely be a factor. And the airport is currently in negotiations with a company wishing to construct a 10,000 square foot hangar to house a corporate flight department on the south apron.”.

The first 5 ‘shares’ of MMA have been sold! Hold on AEC! We might yet save you…

DebunkTheBIM

This could be due to taking someone’s advice ‘not to negotiate with the terrorist’ or maybe you just are too busy with more important work. Well, that is the good news. The register will be updated as soon as I have the code names for the proud new owners. There is bad news too, unfortunately.

BIM 101 for Andrew Hayward; Balfour Beatty plc: Head of Ethics, Risk and Assurance

DebunkTheBIM

On Sunday, August the 25 th this year, within this blog I published the third instalment of the story I like to refer to as the ‘HK MTR BIM experiment’.

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How To Survive The Marketing Department of One

Help Everybody Everyday

So I was definitely a one-person department. But if they take you to 50+ every week, you may have to track things for a few months and then negotiate with your supervisor about what you can shift to administrative staff or when you can consider splitting the job description with a new hire.

Custom Home Builder Who Cheated His Framing Contractor

Contractor Bookkeeping

Bob The Builder had been a custom home builder for a number of years and was definitely a customer, not a client. A Framing Contractor''s Story. To protect his privacy we will refer to him as John, not his real name.

What You Need to KNOW about Job Order Contracting

Building Information Management

Cost and accounting transparency via standardized cost data architectures, terms, and definitions. The purpose of LEAN collaborative construction delivery methods, including Job Order Contracting, is to standardize and clarify terms, definitions, and requirements. Owner/Contractor negotiations and/or changes as needed. Not all Job Order Contracts (JOC) are not the same. Carefully review all of the Job Order Contract and all associated documents.

Green Home Building and Sustainable Architecture: Affordable Eco.

Green Home Building

The definition used in this report is that an eco-building minimises resource use (in construction and life-cycle) while also providing a comfortable environment in which to live. Planning favours buildings which conform to existing styles and norms and building regulations need to be negotiated. Green Home Building and Sustainable Architecture.