The Dotted Line: How to make sure a contract protects your money
Construction Dive
JUNE 12, 2018
Contractors shouldn't hesitate to try to strike a better deal for things like change orders and retainage during contract negotiations.
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Construction Dive
JUNE 12, 2018
Contractors shouldn't hesitate to try to strike a better deal for things like change orders and retainage during contract negotiations.
Job Order Contracting
JUNE 25, 2018
OpenJOC(TM) LEAN Job Order Contracting brings a new level of transparency and best value outcomes to all repair, renovation, and minor new construction projects. Available directly via owner-managed Job Order Contracts or government-owned and administered cooperative purchasing networks. contact-form].
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Job Order Contracting
APRIL 8, 2019
Construction Change Order Best Management Practices. Definition of a construction change order: A construction change order is work that is added to or deleted from the originally agreed upon and contracted scope of work which alters the original contract amount and/or completion date.
HardHatChat
MAY 18, 2010
Commercial construction change order myths. If I had a dollar for every time I had to set the record straight on commercial construction costs and change orders… I would still have this job. There’s a misconception that general construction contractors love change orders. But, I would also be a lot richer.
Job Order Contracting
APRIL 15, 2018
An Introduction to Job Order Contracting – The LEAN OpenJOC(TM) Way! #1 Job Order Contracting (JOC) is a way for organizations to get numerous, commonly encountered construction projects done quickly and easily through multi-year contracts. Improving the Army’s Job Order Contracting Program.
Job Order Contracting
MAY 9, 2017
Estimating Construction Costs for Job Order Contracts properly is critical to the success of any JOC program. A low change order rate 5%-16% or lower. Key performance indicators related to Estimating Construction Costs for Job Order Contracts: Average work order/project price. Faster project delivery.
Job Order Contracting
FEBRUARY 20, 2018
A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. DEFINITIONS. authorization.
Autodesk Construction Cloud
NOVEMBER 15, 2021
In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.
Job Order Contracting
FEBRUARY 17, 2021
The usefulness of an IGE to a contracting officer and other Government interest depends largely upon its supporting documentation. The net result is that without verifiable, current, and local detailed cost data, contracting offices and facilities sustainment and/or management teams are at a significant disadvantage. FAR 36.203.
Job Order Contracting
JULY 31, 2017
Contractor Proposal Reviews for Job Order Contracts are an important element to overall JOC Program success. An ICR is a high level estimate audit that include a line item review that typically meets an agencies contract documents requirement. An Informal Compliance Review (ICR) is the most widely used form of review.
Job Order Contracting
OCTOBER 22, 2018
The following, Job Order Contracting – Recommended Best Practices, have been compiled from numerous independent third party audits of JOC Programs as well as decades of experience. Assure fair owner/contractor negotiations occur for all individual projects in order to assure quality and timely work at fair and reasonable prices.
Construction Dive
DECEMBER 19, 2012
The bonds incorporate the terms of the construction contract or subcontract by reference. And those contracts authorize alteration through change orders. But what if the surety discovers that the change order process has radically altered the contract it originally agreed to cover? ” Read more.
Construction Dive
APRIL 20, 2017
Enter the construction contract (I know you were wondering where this was going). Everyone on the planet knows that construction projects are not static and that even modest projects undergo changes throughout the building phase. . “The best laid plans of mice and men,” often go awry.
Job Order Contracting
JANUARY 4, 2017
Job Order Contracts – A Review of Independent Audits . If you currently have a Job Order Contract, or are planning on implementing a Job Order Contract, I highly recommend you get a copy of Job Order Contracts – A Review of Independent Audits. Approximately $1.9
Construction Dive
FEBRUARY 6, 2013
One of the steps that can be taken to minimize claims and disputes in construction projects is to determine early on what the markup will be on all change orders, Bryan Jackson, a partner in the Los Angeles office of Allen Matkins Leck Gamble Mallory & Natsis LLC, told professionals attending a webinar that WPL Publishing held late last month.
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.
Best Practices Construction Law
NOVEMBER 21, 2019
The subcontract between the general contractor and the concrete subcontractor contained the following clause: “The obligation of contractor to make payment under this agreement, whether a progress or final payment, or for extra or change orders or delays to the work, is subject to the express condition precedent of payment from the owner. ”.
Contractor Bookkeeping
JUNE 18, 2012
Construction Change Order Phobia. After Reviewing The QuickBooks Reports - We discovered a painful case of the dreaded disease I call "Change-Order-Phobia". In this case the pain of change in the contractor's mind had to be exceeded by the pain of staying the same. Customer Job Deposits. Progress Invoicing.
Construction Law Monitor
OCTOBER 15, 2013
At the start of every construction project you sign a stack of papers that will dictate your success or failure on the project: the construction contract. The contract may be short and sweet, or it may be a mountain of paperwork that not only includes its own provisions but also cites provisions in other paperwork stacks.
Building Information Management
MAY 3, 2016
Job Order Contract Life-cycle. At the Pre-Proposal Meeting, the PM should set up a date for the pre-construction “site visit” A designated form with an appropriate amount of information requesting JOC work is completed and forwarded to the “Contract Specialist” Proposal Request. Negotiations.
Autodesk Construction Cloud
FEBRUARY 3, 2023
They ensure everyone is on the same page from the get-go, on topics as diverse as how change orders how the chain of communication will be handled on site. They also try to identify special considerations and forestall potential areas of complication that can lead to change orders.
Pro Builder
JULY 20, 2021
You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. The shorter, easier, and more concise a contract is, the better it protects you.
Building Information Management
DECEMBER 13, 2016
Leading Federal/County/State and Federal Government, Education, Transportation, Utilities, and Healthcare institutions leverage Job Order Contracting (JOC) to complete over 90% of their numerous renovation, repair, sustainability and minor new construction projects on-time and on-budget… and to the satisfaction of all participants!
Building Information Management
DECEMBER 13, 2016
Leading Federal/County/State and Federal Government, Education, Transportation, Utilities, and Healthcare institutions leverage Job Order Contracting (JOC) to complete over 90% of their numerous renovation, repair, sustainability and minor new construction projects on-time and on-budget… and to the satisfaction of all participants!
Construction Law Monitor
NOVEMBER 2, 2011
I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.
Building Information Management
FEBRUARY 12, 2015
Job Order Contracting (JOC) is a firm fixed price, indefinite delivery, and indefinite quantity type contract used to execute sustainment, restoration, and modernization (SRM) projects at the installation. JOC is flexible and responsive and reduces engineering and procurement lead times. – INCOM 2009. . – Tex.
Job Order Contracting
AUGUST 19, 2016
– 2016, Arizona State University – Job Order Contracting Performance Survey-2015. This obstacle can only be overcome by changing current formal education and professional training programs. The importance of Job Order Contract performance measurement cannot be understated.
Building Information Management
MARCH 8, 2016
Job Order Contracting (JOC) is a competitively bid, firm-fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) LEAN construction delivery method. IMPLEMENTING A JOC PROGRAM – A JOC program involves a scope of work and an associated JOC contract. Specifications are also associated with the JOC contract.
Fieldwire
JULY 26, 2023
John Chamandy Cook, Construction Solutions Engineer Professional background before joining Fieldwire I graduated from Lehigh with a degree in Industrial Systems Engineering and went to work at Kiewit, one of North America’s largest contracting firms. The process involved creating numerous RFIs , Submittals and change orders.
Construction Marketing Ideas
FEBRUARY 22, 2015
Craig Martin’s Construction Contract Advisor won the 2014 competition. Craig Martin’s Construction Contract Advisor blog won the 2014 Best Construction Blog competition , and its quality continues to make it a contender in 2015. Contracts and owners are not all alike. Some are fairer than others.
NH Construction Law
APRIL 29, 2021
In the “cost-plus-a-fee” or “time and materials” mode of contracting, materials price increases are generally passed on to the owner – but even here, guaranteed maximum price (GMP) provisions often cap the contractor’s ability to pass on price increases to the owner. And the trend continues to be up.
HardHatChat
JUNE 23, 2015
Working with a commercial contractor on a negotiated-bid basis, as Englewood Construction does with long-term client American Girl, can minimize the likelihood you’ll hear “no” from your GC during the bidding process. As a national commercial contractor , we are first and foremost in the business of customer service.
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.
Building Information Management
APRIL 10, 2015
Job Order Contracting is an integrated, collaborative construction project delivery method with a 20 year+ track record. A Job Order Contracting (JOC) system is based on a competitively bid indefinite delivery-indefinite quantity (IDIQ) contract between a facility owner and a construction contractor. What is JOC?
Building Information Management
NOVEMBER 6, 2013
Job Order Contracting offers an alternative to traditional bidding processes. Based on industry-standard cost data and predefined processes that promote streamlining of project development, early contractor involvement, fewer change orders and higher quality construction, JOC is a refreshing change.”g.
HardHatChat
OCTOBER 7, 2010
The spot is about the costs of commercial construction and how buying building materials in bulk can help GCs save money and bring down a construction project bid so they win the contract. If only the client had negotiated with the commercial contractor and was brought in during the design phase he could have saved himself time and money.
Building Information Management
AUGUST 10, 2012
Flexible, scalable implementation and management support for owners standing up or improving Job Order Contracting programs. Lisa Cooley Associates was recently launched to help Owners implement Job Order Contracting and other solutions to the big problems that small projects can present. JOC is relational contracting.
Best Practices Construction Law
NOVEMBER 4, 2015
Generally, you have to make sure that you comply with the contract or insurance provisions by: (1) giving written notice of the claim; (2) to the correct party; (3) within the time required; and (4) identifying the event giving rise to the claim. Also, you will want to identify any contract interpretation issues. If not, why not?
Building Information Management
MARCH 7, 2012
Design/Build, CM, CM@R and, of course,Job Order Contracting. Accordingly, the risk profile and allocation change significantly from other traditionaldelivery methods. A JOC contract is inherently. under the JOC program is a typical feature as the starting point for each project (task order) under the contract.
Best Practices Construction Law
SEPTEMBER 4, 2014
Review the contract terms. As you develop the claim, the contract documents are the first set of documents that you shoudl review. Also, you will want to identify any contract interpretation issues. At this point, determine if contract procedure was followed. Review change orders and correspondence.
Building Information Management
NOVEMBER 27, 2014
RSMeans is the virtual standard for Government Construction and is required on many/most Government Owners Contracts. This ability speeds owner-contractor negotiations and mitigates errors/omissions. Change orders can be detailed and more easily quantified using RSMeans Cost Data.
Rory Woolsey
FEBRUARY 16, 2012
However, I received many comments and questions on the “Negotiating JOC” blog from last week that really should be answered. For multi-trade repair and improvement type projects, Job Order Contracting will win out on a savings analysis over design-bid-build. With JOC there is NO value to the "change order" games.
Best Practices Construction Law
AUGUST 16, 2012
Would it surprise you to learn that you may have waived that right in your contract? there were many design changes that were not communicated to other contractors, which caused delays. You may be entitled to additional time, as specified by the contract, but the clause can absolutely prohibit claims for additional compensation.
Best Practices Construction Law
JUNE 12, 2015
The subcontract between the general contractor and the concrete subcontractor contained the following clause: “The obligation of contractor to make payment under this agreement, whether a progress or final payment, or for extra or change orders or delays to the work, is subject to the express condition precedent of payment from the owner.”.
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