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. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities.

Contract 52

Contract Contractors Negotiation Subcontracting 52

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? Elimination of legal disputes.

Estimating 100

Estimating Contract Change Orders Construction 100

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. 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. Courts across the country vary in their treatment of these issues.

Contract 77

Contract Subcontracting Drafting Virginia 77

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. Providing potential buyers with a complete understanding of the opportunities, risks, and upsides for each community in your portfolio pays off in the long run. In this sense, the seller controls the timeline. Diligence and Closing.

Deals 52

Deals Bidding Agreement Cash Flow 52

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. Courts across the country vary in their treatment of these issues.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction Lawyer

MAY 13, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. In other words, you use the stuff we post here at your own risk. A Legally Inclined Weblog. >.

Risk 40

Risk Design Illinois AIA 40

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. 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

PSMJ Resources

SEPTEMBER 12, 2011

Good Project Management is Good Risk Management. Most risks are foreseeable and responsive to thoughtful project management. • Risk reduction by any means is usually superior to any management scheme. Agreements that are legal, effective, and achievable are even better. Managing Risk in Public Works.

Project Management 40

Project Management Risk Resource Management 40

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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.

Liability 90

Liability Agreement Drafting Insurance 90

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. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D.

Contractors 40

Contractors Bargains New Hampshire Contract 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. The fact that these people are hired by carriers that can offer work to these parties could be accurately construed as high-risk for bias and profit-driven for the carrier.

Insurance 52

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. . The fact that these people are hired by carriers that can offer work to these parties could be accurately construed as high-risk for bias and profit-driven for the carrier.

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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.

Liability 52

Liability Agreement Drafting Insurance 52

Green Building Law Update

NOVEMBER 5, 2017

Legal scholars can have at it. The take away from all of this should be in an effort to manage your risk, pay particular attention to and negotiate the dispute resolution provisions in your contracts. The purpose of the blog post is not to argue whether or not arbitration works as well or better than litigation.

Green 120

Green Contract Documentation Claims 120

CivilJungle

DECEMBER 21, 2021

Information of Construction Risk Management. Construction risk management is a long steep process, in which we have to calculate the all-possible risk and determine the process by which we can reduce this type of risk. Where we identify, analyze the risks and work over them. What Is Construction Risk Management ?

Risk 52

Risk Management Contractors Construction 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

Constructlaw

JUNE 30, 2021

However, since these are not only intracompany concerns, it is critical to keep these issues in mind for current projects and when negotiating future contracts. As for future contracts, remember to consider COVID-19-related issues and concerns when allocating risk. You may still incur COVID-19-related mitigation costs on current jobs.

Site 52

Site Pennsylvania Employment California 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

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

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

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. Remember that every state treats AOBs differently, and conflicting laws can create additional risk.

Insurance 52

Insurance Contractors Lien Claims 52

Levelset

SEPTEMBER 6, 2022

Among a number of other issues, insurance risk shifting is a concern for carriers. In addition, any other additional insured needs should be viewed as part of the company’s risk transfer program. In light of the current legal environment, construction or repair contracts will require the naming of additional insureds.

Insurance 52

Insurance Liability Construction Contract 52

Construction Marketing Ideas

FEBRUARY 22, 2015

The Nebraska-based lawyer, of course, writes about legal issues with a focus on Nebraska rules — but he has designed the blog/message so that it is relevant to readers far away from the state where he works. Some create greater risks of making the budget if we encounter changes, delays and impacts. Craig Martin.

Contract 48

Contract Construction Claims Legal 48

NH Construction Law

OCTOBER 30, 2022

The usual legal requirements for a valid contract – offer, acceptance and consideration – can all be present in this type of LOI. Depending on the wording of the notice, a contract may well be enforceable between the parties even if the contemplated formal document is never signed. ” Chicago Investment Corp.

Contract 40

Contract Agreement Documentation Negotiation 40

Pro Builder

MAY 27, 2022

Businesses looking to negotiate this rocky terrain have a valuable tool at their command: restrictive covenants. The legal fees and time required to defend one’s actions can be costly, even when a court strikes down the first employer’s covenants as unreasonable. COVID-19 Layoffs Heighten Risk. What Is a Restrictive Covenant?

Employment 98

Employment Agreement New York City Resource 98

Constructlaw

JUNE 17, 2022

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.

Colorado 52

Colorado Tennessee Claims Contract 52

Construction Law Monitor

JULY 12, 2011

As always seek the advice of legal counsel when contemplating licensing, contracting, and negotiating. California CSLB is also very proud of its SWIFT program. SWIFT stands for Statewide Investigative Fraud Team, where the government performs sting operations to catch unlicensed contractors.

Contractors 54

Contractors California Legal Resource 54

Constructlaw

DECEMBER 7, 2020

Halprin: At the risk of stating the obvious, the pan­demic has had a tremendous impact on filings. In relation to charter parties, the impact of the pandemic has given rise to a number of legal issues, and potential for disputes up the contractual chain depending on whether the provi­sions are back-to-back.

Claims 40

Claims Insurance Bankruptcy Legal 40

Job Order Contracting

OCTOBER 25, 2017

Other authorities in the organization must participate in its development to ensure that all objectives and interests are met (examples: legal, quality assurance, small business, building users, planners). Technical, purchasing, and legal personnel attend the conference. Negotiations and Source Selection. Competitive Range.

Contract 100

Contract Contractors Conference Plans 100

Building Information Management

APRIL 10, 2015

Items that are not in the UPB can be negotiated, priced, and added to the UPB at any time. Shared Risk-Reward. After the cost estimates are completed, the contractor and user negotiate to resolve differences in line items and/or quantities in their respective estimates. Performance-based. Collaboration. Research Results.

Contract 40

Contract Renovating Bidding Construction 40

Best Practices Construction Law

JUNE 27, 2012

ENR journalist Johanna Knapschaefer wrote a good piece about " ConsensusDOCS Contract Library Takes to the Cloud, " where she described the real-time collaboration needed for contract negotiations.

AIA 48

AIA Contract Agreement Documentation 48

ProcurementExpress.com

AUGUST 12, 2019

This will highlight any potential safety risks. This is especially important as you may need to access this document in the event of any legal action. In the case of an audit, a dispute, or a negotiation, you may need to pull up information about something that happened on a particular day. Work Performed that Day. Bottom Line.

Documentation 81

Documentation Contract Site Budgeting 81

Help Everybody Everyday

MARCH 6, 2009

Should any questions arise during contract negotiations, consult with an attorney knowledgeable in construction law to assure that your rights are protected. Chris Hill is a lawyer at the Richmond, VA firm, DurretteBradshaw, PLC, and member of Virginia’s Legal Elite in Construction Law.

Contract 48

Contract Claims Legal Lien 48

Building Information Management

FEBRUARY 12, 2015

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. Appropriate distribution of risk. Virtual elimination of legal disputes. Reduction of change orders.

Contract 40

Contract Procurement Renovating Change Orders 40

ProcurementExpress.com

AUGUST 12, 2019

This will highlight any potential safety risks. . This is especially important as you may need to access this document in the event of any legal action. In the case of an audit, a dispute, or a negotiation, you may need to pull up information about something that happened on a particular day. Work Performed that Day.

Documentation 52

Documentation Contract Site Budgeting 52

Building Information Management

MARCH 8, 2016

Shared risk/reward. Owner/Contractor negotiations and/or changes as needed. Proper implementation of an OPEN JOC TM program based upon industry best practices can reduce costs, improve quality, shorten project delivery times, virtually eliminate change orders and legal disputes, and provide higher levels of satisfaction.

Contract 40

Contract Management Estimating Renovating 40