Best Practices Construction Law

NOVEMBER 25, 2019

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. The contractor argued that the owner failed to comply with the notice provision when making its claim for liquidated damages.

Claims 71

Claims Oklahoma Contract Contractors 71

Best Practices Construction Law

MAY 1, 2012

You can learn best practices for documentation and record management in this 90-minute webinar — From Paper to Paperless: Controlling Construction Documentation, Improving Record Management and Identifying Risk in an Electronic Age. This course will explore: Why are proper records so essential for claims and disputes?

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Documentation Legal Honolulu AGC 48

Best Practices Construction Law

NOVEMBER 4, 2015

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. Assess other pertinent documents. If not, why not?

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Claims Change Orders Legal Schedule 48

Best Practices Construction Law

SEPTEMBER 30, 2014

You can learn best practices for documentation and record management in this 90-minute webinar — From Paper to Paperless: Controlling Construction Documentation, Improving Record Management and Identifying Risk in an Electronic Age. This course will explore: Why are proper records so essential for claims and disputes?

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Documentation Risk Management Legal 48

Best Practices Construction Law

MARCH 20, 2020

You can download a complimentary copy here: Best Practices – COVID19 and Construction Claims , but please do me a favor and subscribe to the blog on the sidebar to the right. Just enter your email, and you will receive regular updates.

Contractors 124

Contractors Claims Legal Mobility 124

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Medical expenses, property damage, and legal defense costs can grow quickly. Cyber insurance.

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Insurance Liability Claims Injury 98

Levelset

JUNE 3, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as both the federal and state governments explicitly prohibit private entities from claiming an interest in public property. Washington State bond claim laws. If payment isn’t received, the next step is the bond claim itself.

Washington 52

Washington Claims Lien Contract 52

Levelset

MAY 11, 2022

Generally, companies aren’t able to file mechanics liens on public projects unlike with private projects, as the federal government — and many states — prohibit private entities from claiming an interest in public property. New York bond claims. Learn more: New York Bond Claim Guide and FAQs. times the amount owed. Matt Viator.

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New York Claims New York City Lien 52

Best Practices Construction Law

SEPTEMBER 25, 2020

And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. for breach of contract for nonpayment, claims for delay damages and enforcement of its lien rights. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

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Compensation Lien Claims North Carolina 97

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

Lien 71

Lien Claims Massachusetts Contract 71

Lets Build

APRIL 21, 2022

This means that all of your documents, information, and processes will be accessible to you at all times. With a construction management software program, you’ll be able to store relevant documents in one place and organize them using searchable tags. Minimized risk of legal claims.

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Software Software Management Construction 148

Levelset

MARCH 31, 2022

In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. In general, there are four parties involved in a restoration project: Property owner Insurance company Claims adjuster Contractor. Be clear about rights & responsibilities.

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Insurance Deals Contractors Claims 93

FDR Safety

MARCH 19, 2020

Responding to all document and other information requests by the OSHA inspector. Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights.

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OSHA Inspections Conference Employment 156

Construction Law Monitor

JANUARY 19, 2011

When an employee is terminated and claims unemployment benefits in Louisiana, the claim is associated with your business’ account and will affect your unemployment insurance rates in the future. In Louisiana, unemployment claims are administered by the Louisiana Workforce Commission. Read the Avvo Legal Guide here.

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Claims Louisiana Commissioning Legal 44

Best Practices Construction Law

JULY 10, 2022

Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. Applying New Jersey law, the court held: The controlling documents are the Loan Commitment and the Loan Agreement. in BCD Associates.,

Contractors 62

Contractors Agreement Banking AIA 62

Levelset

OCTOBER 13, 2022

If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. A COI may include a waiver of subrogation endorsement that basically asks your insurance company to pay an insurance claim, while giving up the ability to recover (or subrogate) damages from the party that actually caused the problem.

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Insurance Certification Contractors Liability 52

Construction Dive

DECEMBER 10, 2015

By Bruce Jervis The legal standard for a successful differing site condition claim is stated in a variety of ways. At its most fundamental level, however, it comes down to two questions:What representations did the contract documents make regarding physical site conditions?Was

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Site Contractors Claims Documentation 48

Levelset

JUNE 3, 2022

When a loss occurs that will exceed the deductible and copay, the contractor submits a notice of claim to the insurance company. The insurer starts a claim on their end and assigns a claim professional. The contractor submits a detailed, sworn proof of loss with supporting documents. On-demand legal help you can afford.

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Insurance Cash Flow Claims Contractors 52

Best Practices Construction Law

SEPTEMBER 4, 2014

My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. This is often the starting point for reviewing a claim and the key to a successful analysis of issues. If not, why not?

Compensation 54

Compensation Claims Change Orders Legal 54

Viewpoint Construction Technology

JUNE 3, 2019

Lack of information, errors with materials or equipment, missing documentation and much more can bring work to a grinding halt. Technical and Legal and Compliance Issues. The right platform will open access and insight to project documents , reporting requests, maintenance information, manuals, workflow processes and other records.

Risk 130

Risk Software Software Construction 130

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

GCP Applied Technologies

SEPTEMBER 14, 2020

They are overwhelming, long to read, and the legal jargon seems like another language. Product compatibility is an issue that leads to material warranty claims. Again, it is most important to not focus on what is in the warranty document, but the proven track record of the products themselves. Using Multiple Manufacturers.

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Residential Materials Products Claims 148

Best Practices Construction Law

JUNE 24, 2016

When the Buyer’s agent asked for a copy of the Seller’s executed documents, Seller’s agent sent the following text: [Seller] was out of town today. ” Second, claims succeed or fail based upon the documentation. The two agents met later that day to deliver and accept the letter and deposit.

Contract 91

Contract Claims Documentation Change Orders 91

Carol Hagen

JANUARY 14, 2013

A file of jpeg1, jpeg2, etc taken at jobsite X on a given date really doesn’t help if a legal claim crops up a few years from now. What this allows me to do is generate a deliverable of all construction documents and photos to the project owner in a neat as-built package.

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Construction Documentation Organization Legal 160

Construction Law

AUGUST 1, 2022

Big Four’ auditor KMPG admitted falsifying documents and providing false and misleading information relating to inquiries being made concerning Carillion and has been fined £14.4 Billion legal claim against KPMG, which says it will defend this action. Million; costs of £3.95 Carillion’s liquidators have also launched a £1.3

Regulation 52

Regulation Inspections Accounting Legal 52

Constructlaw

SEPTEMBER 10, 2020

One additional outcome of this, that everyone needs to understand from the very beginning of a project, is the need to document everything — absolutely everything. It is easier to be successful in your claim if it is well-documented. This was true before COVID-19, but now is even more critical.

Industrial 52

Industrial Union Contract Claims 52

Best Practices Construction Law

APRIL 28, 2015

In the legal world, words have meaning. Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. Take, for example, the world of changes in the construction context.

Change Orders 48

Change Orders Claims Compensation Contract 48

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? Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle. Don’t count on it. REI Service Corporation , No.

Banking 40

Banking Inspections Construction Lien 40

Construction Law Monitor

JUNE 9, 2014

In the legal and collection industry we call this document a demand letter, but in most other circles its simply known as an “attorney letter.” Neither of these two qualities exist in many legal offerings. Construction Claims- Who Do You Sue? Components of an Attorney Letter. ” La R.S. Related articles.

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Louisiana Legal Accounting Debt 76

Best Practices Construction Law

MAY 9, 2016

The modern legal trend favors apportionment of liquidated damages where there is owner-caused delay, in particular where the liquidated damages clause provides a mechanism to extend the contract completion date, thereby reducing potential liquidated damages for delays not attributable to the contractor. Document your claims.

Contractors 48

Contractors Connecticut Claims Contract 48

Best Practices Construction Law

SEPTEMBER 22, 2020

This should include identifying chain of command for notice purposes, identifying internal investigation team members, identifying who will be a company spokesperson, and identifying your risk management team (insurance and legal). Manage the accident documents. Act diligently when an accident occurs. Understand privileges.

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Accidents Site OSHA Miami 62

Best Practices Construction Law

FEBRUARY 8, 2017

Following various audits, the Government filed a complaint against Lockheed seeking more than $115 million in reimbursement based upon a claim of breach of contract. ” Accordingly, the Government argued, the costs submitted by Lockheed without adequate record-keeping or back-up documentation were questionable.

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Contract Claims Subcontracting Legal 48

Construction Lawyer

NOVEMBER 8, 2007

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. A Legally Inclined Weblog. >. « False Claims lands Engineer in jail | Main. |

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AIA Documentation Illinois Chicago 40

Autodesk Construction Cloud

DECEMBER 18, 2021

And that 10% loss doesn’t even factor in the costs associated with claims that can come from prolonged payment disputes. The right tools and documents make it easier to complete project closeout and keep customers satisfied. Those documents you had at the beginning of the project, three weeks ago? Key Takeaways.

Change Orders 52

Change Orders Documentation Equipment Risk 52

Cassell Construction Estimating

MAY 17, 2014

While discussing scheduling with a client in Hawaii recently, I found myself repeating over and over, a variation of “…scheduling best practices include…” Hearing these words repeatedly set me to thinking that I hadn’t recently seen scheduling guidelines set out in a concise, straightforward document. Be realistic with the logical network.

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Schedule Consulting Legal Hawaii 100

Construction Dive

JANUARY 9, 2013

By Bruce JervisIn an industry which makes such extensive use of contractual documentation, some complain of obtuse or arcane legal terminology. This is clear, longstanding legal terminology. It means an event which must occur before a legal obligation arises.

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Contract Subcontracting Legal Ohio 48