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

Levelset

JUNE 6, 2022

The rate of retention is stipulated in the construction contract and can often be negotiated. Contractors must weigh whether to use a mechanics lien to protect their payment rights. This gets sticky because it often takes longer to get paid retention than the lien deadline allows.

Accounting 98

Accounting ABC Banking Liability 98

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. But for many types of work, restoration contractors have the right to file a lien on their property if they fail to pay. Is restoration work covered by the policy?

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. . But for many types of work, restoration contractors have the right to file a lien on their property if they fail to pay. . Is restoration work covered by the policy?

Insurance 52

Insurance Claims Agreement Lien 52

Construction Lawyer

MAY 13, 2009

In other words, you use the stuff we post here at your own risk. Risks in LEED design. There is an interesting discussion of some issues and risks to design professionals involving LEED projects at [link]. Architects often underestimate the risks associated with LEED projects. mechanics liens. Categories.

Risk 40

Risk Design Illinois AIA 40

Construction Law Monitor

AUGUST 9, 2011

A liquidating agreement clause can act like a lien, in that it gives causes of action to the subcontractor against the owner where there is no privy of contract. Always consult with an attorney before negotiating contracts in the construction industry no matter how large or small the project. Click here for Daniel S. Sloan pg 17.

Agreement 57

Agreement Contract Insurance Construction 57

Construction Law Monitor

NOVEMBER 2, 2011

Here both parties need to negotiate terms to better protect when a dispute arises. There are a number of provisions which could be contained in a prime/subcontractor contract that need to raise a red flag when present and should be negotiated by either party so as to keep the contract from becoming one-sided. Lien Waivers.

Contract 56

Contract Change Orders Lien Contractors 56

Contractor Bookkeeping

JUNE 15, 2012

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. Indemnity in contracts can be a dangerous risk transfer if enforced in a court of law could possibly bankrupt your company for something you didn't do. Lessons You Will Learn The Easy Way Or The Hard Way.

Contractors 48

Contractors Insurance Claims Lien 48

Contractor Bookkeeping

JUNE 20, 2014

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. Indemnity in contracts can be a dangerous risk transfer if enforced in a court of law could possibly bankrupt your company for something you didn''t do. Lessons You Will Learn The Easy Way. Or The Hard Way.

Insurance 48

Insurance Construction Accounting Claims 48

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. He specializes in mechanic’s liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

Contract 48

Contract Claims Legal Lien 48

Contractor Bookkeeping

JANUARY 2, 2015

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. Indemnity in contracts can be a dangerous risk transfer if enforced in a court of law could possibly bankrupt your company for something you didn''t do. Lessons You Will Learn. The Easy Way Or. The Hard Way.

Construction 48

Construction Insurance Accounting Claims 48

Construction Lawyer

MAY 2, 2012

In other words, you use the stuff we post here at your own risk. of the subcontract contained a "pay-if-paid" provision which violated New York lien law, and that therefore the entire Disputes article was unenforceable. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens.

Contract 40

Contract Illinois Legal Construction 40

Construction Lawyer

APRIL 3, 2012

In other words, you use the stuff we post here at your own risk.  Following VETS submission of the Initial Claim, VETS and LaSalle jointly negotiated with the U.S. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. The laws of each state are different and each situation is unique.

Claims 40

Claims Agreement Illinois Subcontracting 40

Buisness Facilities Contributed Content

JULY 11, 2014

Business Development Loan Program: Designed to assist new and existing businesses in obtaining loans that would have a higher degree of risk than would normally be acceptable to a lending institution. The guarantee fee may be included in the loan or in the rate charged by the lender. The maximum limit is $1,000,000 per project.

North Dakota 40

North Dakota Income Finance Equipment 40

Buisness Facilities Contributed Content

MARCH 8, 2016

Business Development Loan Program: Designed to assist new and existing businesses in obtaining loans that would have a higher degree of risk than would normally be acceptable to a lending institution. Biofuels PACE is a $5 million fund with an interest buy down of 5% below the note rate and no community match.

North Dakota 40

North Dakota Income Finance Equipment 40

Buisness Facilities Contributed Content

MARCH 21, 2014

CAPCO financing, an alternative to conventional bank financing, can accommodate a slightly higher risk profile and provide a more flexible structure for growing businesses. The second mortgage, long-term, fixed-rate financing allows banks to participate in business expansion by reducing risk exposure.

Income 75

Income Finance Zoning Equipment 75

Buisness Facilities Contributed Content

APRIL 15, 2014

CAPCO financing, an alternative to conventional bank financing, can accommodate a slightly higher risk profile and provide a more flexible structure for growing businesses. The terms are negotiated specific to each firm’s individual needs and situation with a maximum limit of 3% of Capital Expenditures. FINANCING .

Income 108

Income Finance Zoning Employment 108

Building Information Management

JULY 27, 2016

design/negotiate/build). design/negotiate/build). 00 52 16 Agreement Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 33 Agreement Form – Construction Manager at Risk – Stipulated Sum.

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

design/negotiate/build). design/negotiate/build). 00 52 16 Agreement Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 33 Agreement Form – Construction Manager at Risk – Stipulated Sum.

Equipment 40

Equipment Construction Schedule Concrete 40

Building Information Management

JUNE 22, 2012

o Risk Assessment. Demonstrate the ability to work with Facilities team to negotiate rates and discounts. o Work with contracting personnel to: • Obtain lien waivers/release of liens if required. • Issue final payment. • Create budget variance report. o Regulations pertaining to ESPCs. Tra ining.

Management 45

Management Contract Sustainability Life Cycle 45