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. Any party who could face potential liability should be included as an indemnified party. This is an easy way to avoid unexpected liability.

Liability 90

Liability Agreement Drafting Insurance 90

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. Any party who could face potential liability should be included as an indemnified party. This is an easy way to avoid unexpected liability.

Liability 52

Liability Agreement Drafting Insurance 52

Job Order Contracting

FEBRUARY 20, 2023

2) The SOW must be updated before issuing the order to reflect the negotiated agreement’s details and to include significant quantities, methods of construction, quality levels, and the number of days to complete the work. (c) (b) Statement of work. (1) c) Limitations. (1) d) Distribution. c) Authorization and limitations. (1)

Contract 225

Contract Office Negotiation Documentation 225

Construction Dive

JULY 23, 2014

The designer’s responsibilities – and liabilities – are to the owner. Liability in negligence to non-contracting parties would upset this carefully negotiated balance. And, the architect or engineer knows there will be reliance on these representations. ” Read more.

Drawings 56

Drawings Contractors Design Liability 56

Levelset

JULY 25, 2022

Working capital measures the difference between a construction company’s current assets and current liabilities. Businesses whose assets (like cash, accounts receivable, inventory, or materials) exceed the value of their liabilities (like wages, debts, vendor payments, or overhead costs) have working capital to use to maintain or grow.

Debt 97

Debt Cash Flow Equity Finance 97

Levelset

JUNE 6, 2022

The rate of retention is stipulated in the construction contract and can often be negotiated. Both retention accounts are shown as current assets and current liabilities, respectively. Plus, not recording retention payable leads to the understating of a company’s liabilities. Fariba Mehdian. View profile.

Accounting 98

Accounting ABC Banking Liability 98

Construction Dive

JUNE 19, 2013

.” In this case, the project owner had turned over complete control to the engineer, including selection of trade contractors, negotiation of prices and approval of payment disbursements.

Contractors 55

Contractors Design Arkansas Negotiation 55

Construction Cost Estimating

NOVEMBER 8, 2017

Duties and liabilities: • Costings and budgets formation for the allotted projects. Estimate, value, submit and negotiate contract variations. Tender and contract documents formation together with the bills of materials for procurement. Advocating on the procurement policy. Personal Attributes: • Motivated and determined individual.

Estimating 40

Estimating Cash Flow Negotiation Procurement 40

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

Constructlaw

FEBRUARY 21, 2023

Since ISC’s liability for Lunda’s costs was stricken from the contract, the contract arguably did not address the matter, obliging the arbitrator to apply Rule R-48 to fill in the gap. Parties must be cognizant of this issue when negotiating arbitration provisions and litigating in arbitral forums.

Iowa 52

Iowa Contract Agreement Mississippi 52

Construction Cost Estimating

AUGUST 20, 2015

In order to deal with a construction project, the project manager should have the required skills which range from technical know-how to leadership, negotiation, team building and communication. It is a sententious reference book improves the basic knowledge of a project manager to a great extent.

Project Management 40

Project Management Management Feasibility BIM 40

Best Practices Construction Law

SEPTEMBER 5, 2018

The appellate court reversed, finding that the owner-contractor agreement did not insulate the architect from liability. More importantly, it is always advisable to think about and negotiate key provisions at the start of the project, rather than litigating the meaning of the provision during a dispute after the project is complete.

Claims 54

Claims Miami Contract Liability 54

Construction Law Monitor

SEPTEMBER 10, 2015

Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. An indemnification clause can help protect you against future liability. To help determine this, you should have a cost breakdown of the entire project ready as part of the contract negotiation process. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

Construction Law Monitor

SEPTEMBER 10, 2015

Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. An indemnification clause can help protect you against future liability. To help determine this, you should have a cost breakdown of the entire project ready as part of the contract negotiation process. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Cost Estimating

SEPTEMBER 19, 2017

Liabilities of a Quantity Surveyor: A Quantity Surveyor (QS) is a professional who mainly deals with construction costs and contracts associated with the Construction Industry. Research, negotiate and support dispute resolution operations. Create and deliver estimates for construction and development work.

Cash Flow 40

Cash Flow Construction Estimating Contract 40

PSMJ Resources

APRIL 1, 2011

and liability insurance specialist Brian Hadar from Suncoast Insurance Associates. Each will present their firm’s unique approach to buying in a post-recession market, as well as how they determine strategic acquisition needs, how they identify suitable sellers, and their methods for negotiating deals. and Andrew Ross, Esq.;

Liability 40

Liability Insurance Industrial Design 40

Contractor Connection

JUNE 22, 2017

A contract protects you, your budget, and your property, so make sure to consider the following as you negotiate your agreement: Licensing. Find out what the proper amount of liability insurance is for your area, and be sure that any contractor you hire has that coverage. Scheduling.

Contract 72

Contract Remodeling Insurance Schedule 72

Job Order Contracting

MARCH 29, 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 $100,000 or more may not begin without an Independent Government Estimate (IGE). (2)

Contract 100

Contract Office Negotiation Procurement 100

Constructonomics

JANUARY 28, 2010

IPD is a negotiated form of project delivery where risk and reward are shared among the owner, architect, prime contractor, and sometimes even subcontractors. Liability Waivers Among Key Participants. Sometime I think that there has go to be a better way. Well, there probably is, and it is call Integrated Project Delivery (IPD).

Bidding 149

Bidding Negotiation Liability Risk 149

Building Information Management

JUNE 6, 2016

Receive specific and ongoing training and orientation with respect topolicy and procedures for operation of JOC, including authority, limitations and responsibilities, to include ethics, conflict of interest, and potential liabilities.

Contract 40

Contract Plans Estimating Contractors 40

Levelset

OCTOBER 31, 2022

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund,” covers improper disposal or intent to dispose of hazardous waste. View the list of chemicals subject to CERCLA here. Under 42 U.S.C.

Regulation 52

Regulation Contractors Permits Construction 52

PSMJ Resources

JULY 10, 2013

When negotiating a contract, insert as many of the following terms into the contract as possible: 1. It''s a good negotiating tactic to ask for money up front. In addition to normal reimbursables, ask for reimbursement for items such as liability insurance premiums, computer time, and messenger services.

Profitability 43

Profitability Contract Negotiation Debt 43

NH Construction Law

FEBRUARY 27, 2021

” Summary judgment was entered for the painting subcontractor on liability, leaving for another day the issue of damages. The AIA’s popular A201 General Conditions form had such a provision in its 2007 version; it was eliminated in the 2017 version in favor of a pre-negotiated termination fee.)

Contract 40

Contract Subcontracting Deals Bidding 40

FDR Safety

MARCH 19, 2020

Because of the potential liability and added complexity and legal issues involved in a fatality or catastrophic accident, the company should insist that legal counsel be contacted immediately and, if at all possible, before OSHA is allowed to start its inspection or any information is provided.

OSHA 156

OSHA Inspections Conference Employment 156

Construction Business Owner

DECEMBER 1, 2011

Tip #1: Negotiate Fuel Costs. Before you go down the negotiating path, be sure you know your overall consumption by gallons. Public Exposure and Liability on Construction Sites. They shared these tips and tricks with me on fuel management. Hopefully you’ll find them as helpful as I did. Wally Evans Blog. Recent Posts.

Construction 136

Construction Software Software US 136

Federal Construction Contracting Blog

JUNE 24, 2022

The critical language in the ASBCA settlement agreement for TOs 22 and 25 stated the following: a) Upon execution of this Agreement, the modification to the Contract incorporating this Agreement and payment of the Settlement Amount, each Party hereby generally and specifically releases , discharges and acquits the other Party, its officers, officials, (..)

Agreement 52

Agreement Claims Contract United States 52

PSMJ Resources

MARCH 31, 2014

Fees must adequately cover training, professional development, ample profit, and future liability. Design professionals must close the gap between their fees and those of other professionals.

Profitability 52

Profitability CAD Negotiation Liability 52

Construction Law Monitor

APRIL 29, 2014

A corporation or limited liability company is not an individual. Other options : – Informal negotiations or ADR clause are other options. Once you have been sued and within the time frame to answer, you and/or your company could engage in informal negotiations with the adversary.

Contractors 68

Contractors Louisiana Contract Negotiation 68

Buisness Facilities Contributed Content

MARCH 9, 2016

The credit can offset up to 100% of income or license tax liability and the credit may not exceed $500,000 in any one tax year. A negotiated FILOT could lower the assessment ratio from 10.5% The credit can be used to offset up to 100% of income tax liability and any unused credits may be carried forward for 10 years.

South Carolina 40

South Carolina Income Liability Leases 40

Building Information Management

APRIL 25, 2016

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 $100,000 or more may not begin without an Independent Government Estimate (IGE). (2)

Contract 40

Contract Negotiation Office Estimating 40

Construction Business Owner

FEBRUARY 16, 2012

Many contractors negotiate payment due dates with their vendors to get themselves out of short-term cash binds. Public Exposure and Liability on Construction Sites. It is well received by banks when you are aware of your weaknesses and are seeking ways to mitigate them. Wally Evans Blog. Recent Posts.

Banking 120

Banking Construction Cash Flow Finance 120

Construction Law Monitor

AUGUST 9, 2011

Liquidating agreements and pay-if-paid/pay-when-paid clauses, carefully negotiated at the contract phase of construction projects can lead to limiting liability at the end of a project when things do no go as planned. Safeco Insurance (distinguished by other jurisdictions); Pay-when-paid.

Agreement 57

Agreement Contract Insurance Construction 57

Constructlaw

JUNE 17, 2022

The court first articulated the principle underlying the Economic Loss Doctrine: “[C]ontracting parties should be held to the ‘terms of their bargain’ and should ‘confidently allocate risks and costs … without fear that unanticipated liability may arise in the future.” First, both parties were “sophisticated commercial business entities.”

Colorado 52

Colorado Tennessee Claims Contract 52

Contractor Bookkeeping

JUNE 15, 2012

General Liability and Auto/rental equipment insurance can help protect you and your company against claims for personal injury and property damage, and may provide you with legal defense of those claims. With labor Pools they take care of all of that and you pay a fixed cost per hour or whatever you negotiate with the service.

Contractors 48

Contractors Insurance Claims Lien 48

Contractor Bookkeeping

JUNE 20, 2014

General Liability and Auto/rental equipment insurance can help protect you and your company against claims for personal injury and property damage, and may provide you with legal defense of those claims. With labor Pools they take care of all of that and you pay a fixed cost per hour or whatever you negotiate with the service.

Insurance 48

Insurance Construction Accounting Claims 48

Contractor Bookkeeping

MAY 5, 2014

They may call your contracting company for future work or they may decide to shop the competition and use the information they find to negotiate for a lower price. The Balance Sheet is the summary report which shows all of the assets minus the liabilities which equals the "Book Value" or owner''s equity.

Cash Flow 48

Cash Flow Agreement Profitability Contractors 48