Construction Dive

MAY 12, 2016

By Bruce Jervis Subcontract formation is a problematic aspect of construction contracting. Work is defined and prices are quoted before the prime, or general, contractor has even bid on the project. Prime contractors usually have “standard” subcontract forms, terms and conditions to which a subcontractor may object.

Subcontracting 48

Subcontracting Agreement Bidding Contract 48

Job Order Contracting

APRIL 21, 2017

The primary objective of a Job Order Contract Source Evaluation Plan is to select the service provider that provides the BEST VALUE. It some markets, one be might surprised to learn that a Job Contract Source Evaluation Plan is either not used, or is basically a simple modification of a typical procurement process. Enabling technology.

Contract 100

Contract Plans Subcontracting Life Cycle 100

NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. Wellington Power Corp.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

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.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Construction Dive

DECEMBER 15, 2016

By Bruce Jervis Many construction contracts, particularly for public works, include a limitation on subcontracting, effectively requiring the prime contractor to perform a certain percentage of the value of the contract with its own forces. This encourages hands-on management of the project by the prime.

Subcontracting 48

Subcontracting Bidding Contract Contractors 48

Job Order Contracting

OCTOBER 5, 2022

Lumps sum bids from contractors or subcontracts, historical costs, or benchmark cost data are reliable forms of cost estimation. Long term contracts and associated processes can’t be developed between owners, planners, designers, and builders that are mutually beneficial and could mitigate waste by 30%-40%.

Life Cycle 223

Life Cycle Subcontracting Procurement Bidding 223

Job Order Contracting

JULY 12, 2017

Here are a few considerations for structuring a job order contract and implementation. The JOC contract is generally issued with a 12-month term followed by up to four option years. The JOC contract is generally issued with a 12-month term followed by up to four option years. Work execution and contract administration.

Contract 100

Contract Procurement Subcontracting Guidelines 100

Best Practices Construction Law

NOVEMBER 21, 2019

Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. 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.

Contract 77

Contract Subcontracting Drafting Virginia 77

Job Order Contracting

FEBRUARY 28, 2017

If your interested in a sample job order contract , just send us your government sector/industry and we will be happy to assist you. Job Order Contract Best Management Practices Matter. A JOC Operations Manual or JOC Execution Guide should always be a component of your job order contract. Contractor Phase-In Plan.

Contract 100

Contract Negotiation Estimating Procurement 100

Job Order Contracting

JANUARY 30, 2017

Detailed Job Order Contract Operations Manual. A detailed Job Order Contract Operations Manual is a key component of any successful JOC Program. The JOC Operations Manual should be part of of the final Job Order Contract. History of Job Order Contracting (JOC). JOB ORDER CONTRACT ACQUISITION/PROCUREMENT STRATEGY.

Contract 100

Contract Negotiation Estimating Procurement 100

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.

Contract 100

Contract Organization Change Orders Overhead 100

Fieldwire

AUGUST 31, 2023

Here are the most important advantages and disadvantages of working as a subcontractor — and how to know if it’s a good fit for you compared to the life of a contractor. Subcontractors are specialists One of the biggest differences between subcontractor and contractor expectations is that clients often expect the latter to be generalists.

Subcontracting 98

Subcontracting Contractors Negotiation Employment 98

Job Order Contracting

OCTOBER 25, 2017

Work execution and contract administration. It’s generally considered that numerous and repetitive renovation, repair, maintenance, and/or sustainability work, and minor new construction with a minimum annual volume of $2M is appropriate for job order contracting. Development of acquisition/procurement approach. Monitoring.

Contract 100

Contract Contractors Conference Plans 100

Constructlaw

APRIL 11, 2023

Dewberry) contracted with the New York City Economic Development Corporations’ Build-It- Back Hurricane Sandy Program to inspect homes for structural, asbestos, and lead paint issues. The subcontract contained a pay-if-paid clause that made the city’s payment to Dewberry a condition precedent to Dewberry’s obligation to pay Entech.

Lien 52

Lien Subcontracting New York Inspections 52

Job Order Contracting

AUGUST 17, 2023

Validate Contractor and Subcontractor Quotes Obtaining comparative bids on all subcontracted work will not provide sufficient cost visibility. All construction task and costs sent to the owner or design-builder can therefore be reviewed, audited, and validated for contract compliance and compliance with fiduciary responsibilites.

Travel 177

Travel Construction CSI Subcontracting 177

Constructlaw

APRIL 20, 2023

Army Corps of Engineers hired Relyant Global LLC to act as the prime contractor. Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. For claims sounding in contract, Tennessee applies the law of the state where the parties executed the contract.

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Pro Builder

JULY 20, 2021

The Best Way for Trade Contractors to Stay Out of the Courtroom. You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. The best way for specialty trade contractors to stay out of the courtroom is to manage their clients’ expectations. Tue, 07/20/2021 - 07:00. Karalynn Cromeens.

Contractors 98

Contractors Contract Legal Change Orders 98

Constructlaw

JULY 14, 2022

together, ASD or Owner) contracted Sweet Construction Corp. Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). The Subcontract contained two signature lines, one for “Sweet Construction Approval” and one for “Arenson Office Furnishings Approval.” Bank of America, N.A.

Subcontracting 52

Subcontracting Banking Contract Claims 52

Construction Enquirer

MAY 17, 2023

HS2 is planning a meet the main contractor bidders day ahead of the next tranche of subcontract work tenders to progress civil engineering works and station fit-outs. The ‘Meet the Contractor’ event is designed to help businesses understand how to get ‘HS2-ready’ so they are in the best possible position to bid for upcoming work.

Subcontracting 98

Subcontracting Roads Maine Innovation 98

Construction Enquirer

JUNE 22, 2023

Experts are warning that contractors who engage scaffolders are a particular target for attention from the tax authorities. It’s quite apparent that this is part of a targeted campaign aimed at challenging the materials cost element included in invoices submitted by subcontractors for services provided to contractors. “A ”

Claims 100

Claims Materials Subcontracting Contractors 100

Construction Dive

SEPTEMBER 24, 2013

Here is the summary for the October 2013 addition: One of the new documents that the Engineers Joint Contract Documents Committee (EJCDC) has added is “C-523,” which addresses subcontracts.

EJCDC 48

EJCDC Subcontracting Documentation Procurement 48

Construction Enquirer

AUGUST 9, 2023

According to the failed contractors records published by administrator FRP Advisory, more than 700 firms have been hit by the collapse of the south east tower builder. When FRP was appointed £400m turnover Henry had 60 live sites with just 54 staff and a further 41 subcontracted quantity surveyors on the books.

Construction 86

Construction Subcontracting Contract Accounting 86

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Business Owner

JUNE 29, 2015

Twenty years ago, most contractors had a group of repeat customers, and price was not always the determining factor in the majority of projects awarded. Now, most general contracts and subcontracts are awarded based solely on the lowest price for the exact scope of work and terms specified for a project.

Subcontracting 120

Subcontracting Bidding Contract Contractors 120

Federal Construction Contracting Blog

SEPTEMBER 28, 2021

In our last post , we detailed President Biden’s Executive Order 14042 regarding vaccination requirements for government contractors. The order made clear that a new clause requiring vaccinations would be included in new contracts in the near future, but questions remained about which employees would ultimately be subject to the requirements.

Contractors 40

Contractors Contract Compensation Subcontracting 40

NH Construction Law

DECEMBER 19, 2021

When a contractor abandons or is terminated from a construction project before substantial completion, one of the first tasks for the owner/developer (or for the contractor’s performance bond surety if such a bond exists) is to locate and hire a completion contractor.

Contractors 40

Contractors Liability Bidding Contract 40

Construction Lawyer

JANUARY 30, 2014

Weisel, a California resident hired Ryan, a California corporation, to be the general contractor for a residence in Hawaii. Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation. Nor does the subcontract contain anything like Paragraph 24.3.3 of the General Contract. Dist, Sept. Italics added.).

Subcontracting 40

Subcontracting Drafting San Francisco California 40

Constructlaw

JULY 20, 2023

This is a strong reminder to all tiers of the construction chain that Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) allows substantially prevailing parties — whether owners, contractors, or subcontractors — to recover fees incurred in proceedings involving payment claims.

Claims 40

Claims Subcontracting Contractors Philadelphia 40

BD+C

SEPTEMBER 26, 2013

The newly revised ConsensusDocs standard subcontract ( ConsensusDocs 752 for federal work) will make it easier for general contractors and subcontractors to perform federal work. read more.

Subcontracting 40

Subcontracting Compensation Agreement Contract 40

Construction Dive

MARCH 10, 2016

By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. Not surprisingly, these customized contracts tend to favor the drafting party. What is disturbing is the lack of transparency. Sometimes, the other party never actually sees the document.

Documentation 48

Documentation Contract Drafting Subcontracting 48

NH Construction Law

APRIL 26, 2020

When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.

Contract 40

Contract Agreement Subcontracting Wisconsin 40

NH Construction Law

DECEMBER 22, 2019

In contract law there is a well-recognized exception to the rule requiring “privity of contract” as a prerequisite to recovery for breach. They will merely be incidental beneficiaries, with no contract right of recovery against the subcontractors. ” Brooks v. . ” Brooks v. ” Id.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 40

Best Practices Construction Law

FEBRUARY 8, 2017

In Lockheed , the Army awarded two separate indefinite-delivery, indefinite-quantity, time-and-materials (“T&M”) contracts to Lockheed for various support services. Both contracts expressly incorporated FAR provisions, including 52.232-7 addressing T&M and labor-hour contracts. What did the FAR say?

Contract 48

Contract Claims Subcontracting Legal 48

Construction Dive

OCTOBER 28, 2012

By Bruce Jervis When a private company -- designer, constructor or manager -- contracts with a government entity, should that company’s dealings with other private companies be a matter of public record? The contract called for the design, management and construction of public schools.

Contract 48

Contract Subcontracting Documentation Minnesota 48

Levelset

APRIL 28, 2022

In recent years, inflation, supply chain issues, and labor shortages have only increased the likelihood of project delays, performance issues, and contractor default. While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC.

Insurance 52

Insurance Contractors Claims ABC 52

Construction Law Monitor

SEPTEMBER 19, 2013

The importance of your construction contract cannot be understated. Surprisingly, people on all ends of the contracting process don’t always understand the importance of the words chosen in their agreement. The scope of work section of a construction contract varies greatly. ” It is the basis of your contract.

Contract 62

Contract Liability Subcontracting Construction 62

NH Construction Law

MARCH 28, 2021

For many years the Occupational Safety and Health Administration (OSHA) has implemented a Multi-Employer Citation Policy , under which more than one employer at a worksite – for example, a general contractor and a subcontractor – can be cited by OSHA for the same hazardous condition. In StormForce of Jacksonville, LLC , No.

Liability 40

Liability OSHA Contractors Employment 40