Construction Law

MARCH 1, 2024

News Our regular news round up includes a call from insurance companies for pilot projects to find investment models for green infrastructure; failure of another legal challenge to the Stonehenge project; and a warning that the new Building Safety Regulator is looking for a high profile prosecution to make a point.

Insurance 40

Insurance Claims Safety Legal 40

Fieldwire

AUGUST 14, 2023

Retainage is up for negotiation Retainage is not set in stone. Every contract is negotiable, including what percentage is retained and for how long. BLOG How to Streamline Construction Processes from Planning to Payments Learn more → In addition, the same contract has a provision for negotiating variable retainage.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Construction Law Monitor

JANUARY 29, 2012

Legal products are no different. There are a number of occasions where attorney fees are an issue in a case, and the company who has paid upfront is in a much better position at the negotiation table and/or the court room. Business owners and contractors like to know what they are getting when they buy products.

Legal 51

Legal Lien Negotiation Consulting 51

Job Order Contracting

JUNE 25, 2018

Virtually eliminate change orders and legal disputes. Robust Process: Request for Service – Joint Site Visit – Detailed Line Item Cost Proposal – Proposal Review/Negotiations – Execution – Regular Inspections – Checklist – Sign off – Warranty Period.

Contract 100

Contract Procurement Change Orders Negotiation 100

Job Order Contracting

JUNE 13, 2019

Planning, estimating, negotiating, procuring, managing, and closing out projects are all phases that are fully defined within a LEAN construction environment. Both change orders and legal disputes can be virtually eliminated with a properly designed and managed LEAN construction procurement and delivery framework. Shared Risk/Reward.

Innovation 100

Innovation Construction Procurement Bidding 100

Autodesk Construction Cloud

NOVEMBER 15, 2021

For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities. For this reason, contractors need to be careful with the GMP agreement and negotiate terms to protect themselves.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Levelset

MARCH 31, 2022

Avoid insurance negotiations. Even if you act with good intentions, trying to help the property owner with their claim or negotiate on their behalf can be an expensive mistake. Contractors shouldn’t be claims negotiators,” Brown says. Contractors should aim to help customers – n ot get involved in their claim negotiation.

Insurance 93

Insurance Deals Contractors Claims 93

Construction Law

APRIL 2, 2024

Legal terms explained Kyle Melville of Herbert Smith Freehills LLP explains what is meant by Scott Schedules. Guest editor Retentions – time to say goodbye? Guest Editors Jane Hughes and Isobel Moorhouse of Trowers & Hamlins LLP say that despite years of industry campaigning the end of retentions is not in sight.

Construction 52

Construction Liability Risk Contract 52

Construction Dive

AUGUST 11, 2016

Believe it or not, a construction contract with scores of provisions that runs dozens of pages does not actually define the entire legal relationship between the parties, regardless of how thorough the contract may seem or how much time and expense they invested in its drafting.

Contract 48

Contract Drafting Negotiation Agreement 48

Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” 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.

Claims 83

Claims Mississippi Legal Compensation 83

Pro Builder

NOVEMBER 18, 2022

Each community and asset in your portfolio requires diligence, legal paperwork, and closing documents. You will evaluate the bids, negotiate price and major deal terms, eventually select a “winner,” and then enter into a non-binding letter of intent (LOI). In this sense, the seller controls the timeline. Who is buying your company?

Deals 52

Deals Bidding Agreement Cash Flow 52

Pro Builder

JANUARY 4, 2022

NAHB strongly opposes the move and continues to urge the administration to negotiate a long-term agreement with Canada on softwood lumber. The latest challenge comes from a recent decision by the Commerce Department to move forward with its next administrative review to double tariffs on Canadian lumber shipments into the U.S. from 9% to 18%.

NAHB 98

NAHB Housing News Michigan 98

FDR Safety

MARCH 19, 2020

Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights. Unlike non-supervisory employees, the statements and admissions of a supervisor may legally bind the company.

OSHA 156

OSHA Inspections Conference Employment 156

Constructlaw

NOVEMBER 9, 2022

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. Spirtas did “not explain, beyond repeating conclusory contract-law buzzwords ( e.g., mutual assent, negotiation, and meeting of the minds), how these inconsistencies show[ed] that the entire TPA is unenforceable.”

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. Spirtas did “not explain, beyond repeating conclusory contract-law buzzwords ( e.g., mutual assent, negotiation, and meeting of the minds), how these inconsistencies show[ed] that the entire TPA is unenforceable.”

Agreement 52

Agreement Illinois Contract Bidding 52

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. A contract doesn’t have to be long and confusing to be effective, practically or legally. From project scope to warranty details, here are the basics of a simple but effective (and legal) contract for specialty trade work. .

Contractors 98

Contractors Contract Legal Change Orders 98

Job Order Contracting

OCTOBER 18, 2016

The owner estimate or detailed analysis must be completed before receipt of the Contractor’s proposal and before negotiations take place. The owner estimate will be used to evaluate the reasonableness of the Contractor’s proposal and will serve as the owner’s pricing and quantity objective during negotiations.

Contract 100

Contract Procurement Negotiation Project Management 100

Job Order Contracting

NOVEMBER 7, 2017

d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e., through discussions and negotiations. d) Negotiations. (1) 1) Negotiations on orders of specified value or greater not begin without an owner estimate. (2) f) Funding.

Contract 100

Contract Management Negotiation Estimating 100

Job Order Contracting

MAY 9, 2017

Elimination of legal disputes. Number of owner/contractor negotiations. It is the real property owner’s sole responsibility to mitigate risk, increase organizational efficiency, and align current processes with industry best practices. As an owner, what should you expect from a JOC Program? Faster project delivery.

Estimating 100

Estimating Contract Change Orders Construction 100

Levelset

APRIL 8, 2022

You can’t legally advise a homeowner about their insurance or a pending claim in any manner. Any claims negotiations should be left to property owners, or licensed public adjusters or attorneys who can legally act on behalf of your customer. Know your role.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

You can’t legally advise a homeowner about their insurance or a pending claim in any manner. . Any claims negotiations should be left to property owners, or licensed public adjusters or attorneys who can legally act on behalf of your customer. Know your role.

Insurance 52

Insurance Claims Agreement Lien 52

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Finally, be sure to make the clause conspicuous and satisfy any other requirements regarding the formatting of an indemnification clause.

Liability 90

Liability Agreement Drafting Insurance 90

Best Practices Construction Law

NOVEMBER 21, 2019

For example, in the Universal Concrete Products case, the 4th Circuit reasoned that Virginia courts favor the freedom to contract and that parties are freely able to negotiate and draft these types of provisions. Courts across the country vary in their treatment of these issues. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

Green Building Law Update

SEPTEMBER 9, 2013

I started this blog because I wanted to help design and construction professionals navigate the legal hurdles certain to pop up from the green building movement. Stuart is incredible at fixing green building problems, whether through contracts, mediation or informal negotiations. I started this blog because I had an "Aha!"

Green 120

Green Certification Negotiation Legal 120

Best Practices Construction Law

MAY 9, 2016

The modern legal trend favors apportionment of liquidated damages where there is owner-caused delay, in particular where the liquidated damages clause provides a mechanism to extend the contract completion date, thereby reducing potential liquidated damages for delays not attributable to the contractor. Document your claims.

Contractors 48

Contractors Connecticut Claims Contract 48

Construction Law

JULY 7, 2021

Anecdotally at least, it seems that the idea of remote legal proceedings forced on disputes by the courts being closed might have made parties more inclined to negotiate settlements, and this could at least partly account for the reduction seen in the length of time disputes take to settle.

Risk 52

Risk Contract Management Maine 52

Levelset

APRIL 15, 2022

It gives the assignee authority to file and negotiate a claim directly with the insurance company, without involvement from the property owner. The contractor, now the assignee, negotiates the claim directly with the insurance company. On-demand legal help you can afford. What is an assignment of benefits? Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 52

Best Practices Construction Law

JUNE 12, 2015

For example, in the Universal Concrete Products case, the 4th Circuit reasoned that Virginia courts favor the freedom to contract and that parties are freely able to negotiate and draft these types of provisions. It is worth the effort to seek legal advice on these issues prior to drafting and executing contracts with other parties.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Autodesk Construction Cloud

FEBRUARY 3, 2023

This is a chance for everyone to get to know key stakeholders, breaking down siloes between procurement and legal, scheduling and management, and so forth. Contract review Review all contracts, plans, and legal documents with all stakeholders. If any concerns come up, this a chance to address them.

Change Orders 52

Change Orders Documentation Schedule Budgeting 52

Pro Builder

JANUARY 4, 2022

NAHB strongly opposes the move and continues to urge the administration to negotiate a long-term agreement with Canada on softwood lumber. The latest challenge comes from a recent decision by the Commerce Department to move forward with its next administrative review to double tariffs on Canadian lumber shipments into the U.S. from 9% to 18%.

NAHB 52

NAHB Housing News Michigan 52

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Finally, be sure to make the clause conspicuous and satisfy any other requirements regarding the formatting of an indemnification clause.

Liability 52

Liability Agreement Drafting Insurance 52

Best Practices Construction Law

NOVEMBER 6, 2019

That violation was later cured by the general contractor when it confirmed that negotiation of the check would not affect the subcontractor’s rights. 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 Law

JUNE 9, 2020

Negotiating with a new contractor in the expectation that they will take on the same risk as the original one at anything like the original price will almost certainly be a harsh experience.

Contract 52

Contract Site Claims Contractors 52

NH Construction Law

FEBRUARY 25, 2023

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? All such contractual solutions depend on the leverage possessed by and the negotiation savvy of the parties to these arrangements. That puts the owner/borrower in a pickle.

Banking 40

Banking Inspections Construction Lien 40

Best Practices Construction Law

NOVEMBER 4, 2015

You are going to go back to the original scope of work to see if that was well defined, and changes have been made either in the field or as part of a negotiated, detailed change. Prove legal entitlement. You need to paint the right story based upon the facts and use the law to prove your legal entitlement.

Claims 48

Claims Change Orders Legal Schedule 48

Job Order Contracting

FEBRUARY 20, 2018

The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. These negotiations must precede the JO award/approval and are not allowed on a Change Order basis. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE.

Contract 100

Contract Organization Change Orders Overhead 100

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. ” In re Estate of Kelly , 130 N.H. 773, 781 (1988).

Contractors 40

Contractors Bargains New Hampshire Contract 40