Construction Marketing

JUNE 19, 2023

Crane certifications are crucial for construction site operations due to their critical role and potential risks. Most construction companies and project owners require NCCCO-certified operators for bidding and subcontracting. Ensuring operators are competent and trained reduces the risks and consequences of crane accidents.

Certification 175

Certification Site Accidents OSHA 175

Constructlaw

MARCH 10, 2023

ALS’s subcontract permitted the DOT to hold back 60% of its payments to assure ALS would warranty the work, which ALS did with site checks performed between June 2019 and May 2020. Drafting subcontracts appropriately can give both developers and subcontractors greater security and reliability of outcome.

Connecticut 52

Connecticut Subcontracting Claims Travel 52

Construction Dive

JUNE 30, 2016

By Bruce Jervis “Pay-if-paid” clauses in subcontracts are controversial. Many consider it unfair for a prime contractor to shift the risk of project owner nonpayment to a subcontractor that has no business relationship with the owner. In most states, however, they are enforceable if clearly drafted.

Subcontracting 48

Subcontracting Drafting Risk Contract 48

Construction Dive

FEBRUARY 2, 2017

By Bruce Jervis The enforceability of “pay-if-paid” clauses in subcontracts has been litigated extensively. The clauses are controversial because they purport to shift the risk of project owner nonpayment from the prime contractor, which has a contract with the owner, to subcontractors, which do not.

Subcontracting 48

Subcontracting Risk Contract Contractors 48

Pro Builder

JULY 6, 2021

NAHB argued that residential construction should not be included under the standard because the nature of new-home building and remodeling makes them a much lower risk for virus transmission. OSHA issued the ETS in June 2021 and announced that the new standard applies only to workers in health care settings. For more, visit nahb.org. .

OSHA 98

OSHA NAHB Construction Liability 98

NH Construction Law

NOVEMBER 30, 2020

An arbitration agreement is the quintessential “waiver of the right to bring a civil action,” and when contained in a signed subcontract it will necessarily be executed before labor or materials are furnished. The legislative history of the amendment, H.R. ” Id. at 417-418.

Claims 40

Claims Subcontracting United States Contract 40

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. In Universal Concrete Products Corp.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

NH Construction Law

MAY 28, 2018

Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. But hey, who ever said that general contracting was risk-free?

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Levelset

SEPTEMBER 12, 2022

The floater can stand alone or be a limited part of a builder’s risk business policy. Subcontractors face risk from a variety of angles , and some of those exposures can be addressed through a GC’s policy. Learn more – Builder’s Risk vs. General Liability for Contractors: What’s the Difference?

Insurance 52

Insurance Liability Risk Materials 52

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. She recalls her experience speaking with a fellow attorney who had to go through a 129-page subcontract that could have been cut down to ten pages. “It’s Make sense of your contracts.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Best Practices Construction Law

FEBRUARY 21, 2018

Proper insurance coverage is an important risk management tool for contractors, subcontractors, project owners/developers and design professionals. The subcontract agreement required the subcontractor to indemnify and hold harmless the contractor against claims of bodily injury resulting from the subcontractor’s work.

Insurance 54

Insurance Subcontracting Injury Construction 54

NH Construction Law

MARCH 24, 2018

Should he suspend work, and risk being in breach? ” The Court explained that “the terms of the subcontract expressly addressed the possibility of delays and hindrances as well as the process by which Axenics would receive payment for any extra work that it performed because of change orders. There may be another option.

Change Orders 40

Change Orders Subcontracting Contract Claims 40

Construction Dive

JANUARY 9, 2013

A payment clause in a subcontract stated that payment by the project owner to the prime contractor was a “condition precedent” to the contractor’s obligation to pay the subcontractor. Subcontract payment clauses containing this term have generally been enforced against subcontractors.

Contract 48

Contract Subcontracting Legal Ohio 48

NH Construction Law

AUGUST 11, 2018

A&M’s subcontract required it to assume full responsibility for implementing safety programs on the project, to maintain all work areas in a safe manner, and to furnish all safety equipment. Jones Lang Lasalle Construction Co. , 203 (2018), provides some guidance.

Subcontracting 40

Subcontracting Safety Compensation Claims 40

Construction Dive

AUGUST 14, 2013

By Bruce Jervis It is well established that if a contractor wants to enforce a “pay-if-paid” clause in a subcontract, the clause must state that payment by the project owner for the subcontractor’s work is a condition precedent to the contractor’s obligation to pay the sub for that work.

Subcontracting 51

Subcontracting Claims Risk Contractors 51

Construction Dive

MAY 21, 2014

This is one of the biggest cost risks of performing construction work, but it is difficult to control. Featured in this Week’s Construction Claims Advisor:Creative Procurement Violated Bidding Statutes‘Unrestricted’ Site Access Not Necessarily a WarrantyLump Sum Bid Did Not Violate Subcontracting Limitations Clause'

Site 51

Site Subcontracting Bidding Procurement 51

NH Construction Law

DECEMBER 30, 2023

Many construction contracts and subcontracts, both residential and commercial, provide that any addition or deletion from the scope of work described in the contract must be documented by a written change order.

Change Orders 40

Change Orders Contract Subcontracting Commercial 40

NH Construction Law

MAY 20, 2023

The main purpose of such clauses is to shift the risk of owner nonpayment, whether due to owner insolvency or owner breach, from the contractor to the subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Autodesk Construction Cloud

AUGUST 11, 2021

So, when it comes to an industry as complex as construction—where maximizing profit and minimizing risk is the goal—accurately forecasting cash flow throughout a project’s lifecycle is essential. For the Contractor, there’s little price security from fixed-price Subcontracts that you get when packaging regular construction scope.

Cash Flow 52

Cash Flow Forecasting Autodesk Construction 52

Construction Marketing Ideas

MARCH 11, 2016

While the definition of a default depends on the terms of the SDI policy, it is solely based on a failure to fulfill the terms of a covered subcontract. My nearly two decades as a lawyer have taught me that surety bonds are really only protection against one risk: Subcontractor bankruptcy.

Legal 48

Legal Consulting Subcontracting Industrial 48

cnstrctr

JULY 1, 2019

These reports should summarize the overall budget, potential change orders, cash flow, risks and more. You should break this report down by division including soft costs from hard costs (your costs vs costs that are subcontracted out). Risk – this is one of our favourite parts.

Cash Flow 60

Cash Flow Forecasting Construction Contract 60

Levelset

APRIL 28, 2022

While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC. LA Plumbing is providing plumbing work on the project, and their subcontract is worth $2 million. What is subcontractor default insurance?

Insurance 52

Insurance Contractors Claims ABC 52

NH Construction Law

APRIL 29, 2021

Another approach is to negotiate with subcontractors or suppliers to lock in prices for an extended period of time, thereby kicking the price increase risk downstream – but in the present volatile market, subs and suppliers are increasingly reluctant to hold their prices for long, typically not more than 60 or 90 days.

Deals 40

Deals Contract Negotiation Materials 40

Levelset

SEPTEMBER 14, 2022

Let’s take a look a subcontractor insurance: when it’s needed, what happens if a sub goes uninsured, and what policies subs can use to protect their businesses from risk. The bottom line is: Subcontracting work will be very difficult to secure if you carry no insurance or policies with inadequate coverages. .

Insurance 98

Insurance Liability Claims Injury 98

NH Construction Law

AUGUST 21, 2022

with recourse limited to the contractor and not the surety” Yet that is the framework under which Graphic agreed to operate pursuant to the performance bond, and it was obliged to adhere to the bond’s terms to invoke the bond’s coverage.” ” Id. million,” id.

Liability 40

Liability Contract AIA Contractors 40

Digger Blog

NOVEMBER 4, 2014

tonne zero swing mini excavators have been equipped with Enigma E touch immobilisers to reduce the risk of theft. As Mark Evans explains: “The French-produced Klac quick hitch with its unique double locking device does away for the need of a safety lock and is therefore accepted on the larger sites many of our clients subcontract into.”

Deals 70

Deals Subcontracting Equipment Engineering 70

Fieldwire

DECEMBER 12, 2023

Without proper planning, there may be an increased risk of delays. Effective project management Successful subcontracting relies on effective project management. Will it help make the processes efficient? Time-Bound: Give your aims a time frame. Setting a due date gives everyone clarity about what to do and when to do it.

Project Management 96

Project Management Construction Schedule Software 96

Best Practices Construction Law

JUNE 12, 2013

Most courts that have considered this situation have held that, in the absence of provisions in the subcontract which govern such a situation, there is an implied duty on the prime contractor not to delay or hinder its subcontractor and to perform all of its obligations to enable the subcontractor to perform the obligations of the subcontract.

Contractors 48

Contractors Subcontracting Contract Legal 48

Levelset

MARCH 21, 2022

Subcontracting work also allows you to delay payment. By using a subcontractor, you can defer some of your own risk down the payment chain to them. Subcontractors provide you the flexibility to only hire them when needed, so you aren’t racking up costs during slow times. No more waiting for payment.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Green Building Law Update

DECEMBER 13, 2015

Permapost had a subcontract to apply pressure-treated PolyClear 2000 preservative to the Parallams. Clark Construction was the general contractor. Weyerhaeuser was the subcontractor that supplied Parallams to Clark Construction for both interior and exterior use.

Foundation 120

Foundation Liability Maryland Claims 120

Levelset

JUNE 29, 2022

This standard ( 1926.100 ) requires all employees to wear head protection anytime there is a risk of head injury from “impact, or from falling or flying objects, or from electrical shock and burns.” If you haven’t guessed by now, OSHA inspectors pay close attention when employees are at risk of falling. Aerial lifts – 534 violations.

OSHA 52

OSHA Inspections Construction Safety 52

Job Order Contracting

APRIL 1, 2019

Shared risk/reward. Put another way, a scope of work is division of construction items to be performed under a contract or subcontract in the completion of a project, typically broken out into specific tasks with deadlines. Early and ongoing participation. Common data environment. Mutual trust respect. Initial and ongoing training.

Estimating 130

Estimating Construction Procurement Change Orders 130

Construction Lawyer

JULY 20, 2012

In other words, you use the stuff we post here at your own risk. The question became whether the general or the subcontractor would bear the risk of loss. Although we believe the information is accurate, we do not warrant the accuracy of this information and we do not intend that you rely on this information. Fidelity , 679 F.3d

Illinois 40

Illinois Subcontracting Liability AIA 40

NH Construction Law

DECEMBER 19, 2021

If the original subcontractors can be wooed back to the job (or better yet, have already agreed to the assignment of their subcontracts to the owner in the event of the contractor’s termination), there may be a basis for correction of at least their deficient work without additional cost.

Contractors 40

Contractors Liability Bidding Contract 40

Autodesk Construction Cloud

OCTOBER 21, 2022

Subcontracting. This process is known as subcontracting. Construction Management at Risk (CMR) brings in a construction manager who serves as a constultant to the owner. They manage the subcontractors and take on the responsibilities (and risks) of meeting milestones and completing the project at the promised price. .

Bidding 52

Bidding Construction Contractors Contract 52

Job Order Contracting

APRIL 1, 2019

Early and ongoing participation Shared risk/reward Common data environment Mutual trust respect Initial and ongoing training Written operations manual and/or execution guide Continuous improvement Global oversight and leadership with local empowerment.

Estimating 100

Estimating Procurement Change Orders Renovating 100

HardHatChat

FEBRUARY 9, 2010

Cross your fingers they were, otherwise you might run the risk of extra fees. Next thing you know, that supplier is asking the new owner (you) for payment – once again, running the risk of duplicate payments for the same scope of work.

Commercial 168

Commercial Construction Lien Deals 168