Construction Law Monitor

SEPTEMBER 17, 2013

Joint check agreements are very popular in the construction industry. In fact, many folks mistakenly believe that joint check agreements are exclusively a construction industry instrument. Perhaps the joint check agreement is the most misunderstood and dangerous document you can confront on a construction project.

Agreement 51

Agreement Construction California Lien 51

Job Order Contracting

SEPTEMBER 9, 2020

AIA Document C195 – 2008, Standard Form Single Purpose Entity Agreement for Integrated Project Delivery, Exhibit D (Work Plan). AIA California Council. AIA National, & AIA California Council. ConsensusDOCS 300: Standard Tri-Party Agreement for Integrated Project Delivery (IPD). AIA. (2007). Constructing Excellence.

Products 165

Products AIA Construction Renovating 165

Construction Equipment

JANUARY 21, 2020

RDO Equipment stores will sell Topcon’s Intelligent Paving products across Arizona, California, Minnesota, Montana, Nevada, North Dakota, South Dakota, and Wyoming. This is the result of an agreement between RDO Integrated Controls (RDOIC) and Pavement Recycling Systems (PRS). PRS will support…

South Dakota 87

South Dakota North Dakota Products Wyoming 87

ENR Construction

OCTOBER 30, 2024

Fervo Energy has construction underway on 631-acre project, including on 148 acres of public land, and announced two purchase agreements with Southern California Edison for 320 MW of eventual output.

Utah 77

Utah Agreement California Construction 77

ENR Construction

NOVEMBER 18, 2020

California and Oregon now are dam co-licensees for estimated $450M Klamath River project to resolve federal concerns, but major work by contractor Kiewit is pushed back one year.

Agreement 69

Agreement Oregon California Estimating 69

Construction Law Monitor

AUGUST 9, 2011

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Further reading: California Pay-if-paid Wm.

Agreement 57

Agreement Contract Insurance Construction 57

Construction Law Monitor

AUGUST 24, 2012

I recently found a good article on JDSupra.com , always a great source for solid legal content, regarding California Senate Bill 474. This new Bill, allows for subs to enter into subcontract agreements with general contractors and then after-the-fact afford the sub protections because the general contractor had a well written contract.

California 54

California Subcontracting Contract Legal 54

Contractor Magazine

SEPTEMBER 18, 2012

ABM, a leading provider of integrated facility solutions, announced that its subsidiary Linc Network, LLC has signed a franchise agreement with RivCo Mechanical Services, a premiere building automation, heating, ventilation, and air conditioning (HVAC) service provider in Riverside County, California. read more.

California 48

California Agreement Management 48

Construction Law Monitor

JULY 26, 2011

Partners share liability according to their partnership agreement, which is the framework for how the partnership operates. In the absence of an operating agreement the business code ( Title 2 of the California Business Code ) has default rules on how this type of entity operates. See Title 1 for Inc and Title 2.5

California 54

California Liability Agreement Debt 54

Green Building Law Update

JULY 27, 2014

A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. With a performance bond in place, the City and the surety announced in early March that they has negotiated a takeover agreement that will allow a new contractor to complete construction.

Documentation 120

Documentation Certification Contract California 120

Contractor Magazine

SEPTEMBER 18, 2012

ABM, a leading provider of integrated facility solutions, announced that its subsidiary Linc Network, LLC has signed a franchise agreement with RivCo Mechanical Services, a premiere building automation, heating, ventilation, and air conditioning (HVAC) service provider in Riverside County, California. read more.

California 40

California Agreement Management 40

ENR Construction

OCTOBER 30, 2024

Fervo Energy has construction underway on 631-acre project, including on 148 acres of public land, and announced two purchase agreements with Southern California Edison for 320 MW of eventual output

Utah 59

Utah Houston Agreement California 59

Green Building Law Update

FEBRUARY 3, 2019

In accordance with the GBCI Certification Agreement because “. Note, the now being piloted but not yet balloted among the members, LEED v4.1 continues the cannabis ban for projects now registering.

District of Columbia 226

District of Columbia Legal Green Residential 226

Contractor Magazine

JANUARY 18, 2013

ABM, a leading provider of integrated facility solutions, announced that its subsidiary ABM Franchising Group, LLC, has signed a franchise agreement with Gundlach’s Plumbing & Sheet Metal, an experienced plumbing, heating, ventilation, and air conditioning provider in Bakersfield, CA. read more.

CA 55

CA California Agreement 55

Job Order Contracting

JULY 28, 2021

California Contractor Tests the Bounds of Job Order Contracting. Among other things, Torres argued: The JOC contract, because it required that job order proposals be submitted after-the-fact, was not an enforceable contract but merely an agreement to negotiate. JOC Contract: Enforceable Contract or Mere Agreement to Negotiate.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Construction and Infrastructure Law

FEBRUARY 6, 2018

Nevertheless, critics of the bill anticipate that it will ultimately increase building costs, and will only exacerbate the current shortage of affordable housing in California. Joint employment liability has been an ongoing trend in California. The bill also precludes recovery of liquidated damages or penalties.

California 49

California Contractors Liability Employment 49

Green Building Law Update

DECEMBER 12, 2021

There would have to be some agreement, that does not exist today of what it means to be net zero (e.g., And maybe that includes an agreement that zero is more like the historical absence in the number of columns counted by Sumerian scribes 4,000 years ago than a modern laboratory measure of non-detect?

Risk 156

Risk Claims Legal Agreement 156

Construction Lawyer

AUGUST 5, 2005

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. California: No contractual jury waiver. The California Supreme Court, on August 4, 2005, in Grafton Partners v. Termination of contract bars arbitration » August 05, 2005.

California 40

California Illinois AIA Chicago 40

Buisness Facilities Contributed Content

APRIL 5, 2016

Just like the rest of the country, California has its seen ups and downs when it comes to employment, taxes, energy and the environment. Since its launch in December 2011, HERO has created more than 10,000 local jobs through projects completed in more than 50,000 homes in California. MURRIETA, CA: THE FUTURE OF SOUTHERN CALIFORNIA.

California 40

California Los Angeles San Diego Airports 40

Job Order Contracting

MARCH 3, 2018

California. Authorizes job order contract to all K-12 school districts, that have entered into project labor agreements, for public works over $25,000. AB-14 Public contracts: job order contracting. 2003-2004). AB 1431 – Permits Job Order Contracting for K-12 Districts.

Guidelines 100

Guidelines Arkansas Virginia Minnesota 100

Pro Builder

MAY 27, 2022

Here’s an example: A California sales executive who jumped ship for a competing employer took along a folder of customer lists and marketing plans. Called “ covenants not to compete ,” or “non-competes,” these agreements specify a period of time for the prohibition and a geographic area where the prohibition applies.

Employment 98

Employment Agreement New York City Resource 98

Fieldwire

AUGUST 14, 2023

It is governed by the contract, which means it’s part of the agreement between two parties. On public projects in California, for example, state law caps retainage at 5% prior to completion and acceptance of the project. If that contract is paid out over 10 progress payments, $1,000 would be held in retention from each one.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Construction Lawyer

JANUARY 15, 2014

A recent California appellate decision, Civic Partners Stockton, LLC v. In the California case, the plaintiff, Civic Partners Stockton, LLC, was the initial developer hired to renovate a hotel. The agreement also acknowledged that plaintiff owned the plans. Cyrus Youssefi , 218 Cal. 4th 1005, 160 Cal. John , 792 F. 2d 933 (S.D.

Claims 40

Claims California Architecture Plans 40

Construction Lawyer

JUNE 24, 2005

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. California: expert can seek equitable contribution from law firm. Then, again, this was in California. « Supreme Court rules that property can be taken for development | Main.

California 40

California Illinois AIA Chicago 40

Green Building Law Update

OCTOBER 25, 2015

Today there are only a handful of community projects actually producing power in Arizona, Colorado, California and Maryland. A recent federal government inventory found less than 81 megawatts of community solar projects in total (versus over 4,400 megawatts of installed residential rooftop solar in the U.S.).

Maryland 120

Maryland Electrical Regulation Modeling 120

Best Practices Construction Law

JUNE 15, 2022

According to Levelset, the following states have prohibited pay-if-paid clauses: California. In other states, the prohibition has been decided by the courts, such as the California Supreme Court’s decision in Wm. One of the best I have found was created by Levelset, which has a 50-State-Guide on pay-if-paid clauses. North Carolina.

Virginia 118

Virginia Contract Lien Construction 118

Construction Marketing Ideas

SEPTEMBER 28, 2016

After 8 hours of flights and transfers, I arrived at Palo Alto, California, site of the 2016 Google Top Contributor Meetup for the US and Canada. There’s a non disclosure agreement, so […]. It’s quite a distance to travel for a day and a half event, but one which I have the good fortune to experience.

Travel 48

Travel Agreement California US 48

Buisness Facilities Contributed Content

APRIL 30, 2013

have marked the start of major construction at the Antelope Valley Solar Projects— two projects co-located in Kern and Los Angeles counties in California. When complete, the projects will provide enough energy to power approximately 400,000 average California homes. MidAmerican Solar and SunPower Corp.

Los Angeles 49

Los Angeles California Construction Electrical 49

BD+C

JULY 26, 2013

has acquired the business and assets of Sharon Greene + Associates, a firm specializing in transportation economics and financial analysis with offices in California and Denver. Financial terms of the agreement were not disclosed. HDR Engineering, Inc.

Green 45

Green Denver Agreement Finance 45

Constructlaw

APRIL 10, 2024

California has experienced drought conditions on and off for decades. Since 2010, the California State Water Resources Board (the Board) and the California State Legislature (the Legislature) have studied the potential use of an emerging water recycling process known as direct potable reuse (DPR). ” Cal.

Regulation 52

Regulation Guidelines California Drafting 52

Construction Lawyer

JANUARY 30, 2014

An unpublished California opinion, Paul Ryan Associates v. 17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. Weisel, a California resident hired Ryan, a California corporation, to be the general contractor for a residence in Hawaii.

Subcontracting 40

Subcontracting Drafting San Francisco California 40

Buisness Facilities Contributed Content

AUGUST 5, 2013

California, with its vast array of desert solar panel farms, easily tops our annual list of Installed Solar Power Capacity Leaders. Many people were ready to count California out when the Great Recession destroyed the housing market in 2008. That’s nearly a tenfold increase from the 2010 total of 848 MW. AUTO GIANTS SAY “ROLL TIDE!”.

North Dakota 111

North Dakota Alabama Texas Louisiana 111

Pro Builder

AUGUST 20, 2020

According to Fast Company, backyard cottages are relatively common in California, but rent out at market rate. The long term agreement will allow the backyard home to remain even if the homeowner moves out. Backyard cottages are already relatively common in California.

San Francisco 52

San Francisco California Housing Leases 52

Construction Law Monitor

MARCH 9, 2012

All to often, I will have contractors operating on oral agreements , (just a handshake and a man’s word!) In these current times, form documents and oral agreements are unacceptable. Properly written ADR clauses and indemnity clauses can save a contractor thousands in legal fees and court/administrative costs.

Contract 69

Contract Construction Agreement Legal 69

Building Information Management

AUGUST 6, 2013

Several recent and current projects in California are operating on the far right side of this Design-Build collaboration spectrum, by crafting a custom version of Design-Build that uses IPD principles. Through downstream agreements, the major team players can also agree to waive certain liabilities against each other.

Design 69

Design Documentation Contract Estimating 69

Construction Marketing

JANUARY 24, 2022

Instead, 1099 workers are paid based on your agreement with them. However, keep in mind that in states like California, a 1099 worker is generally not eligible for employer-sponsored coverage. Some widely known examples include building subcontractors, doctors in hospitals, and freelancers in various industries.

Insurance 156

Insurance Plans Contractors Employment 156

Buisness Facilities Contributed Content

MAY 26, 2014

Execution of the state’s agreement is contingent upon finalization of a local incentive offer as required by program criteria. The oil and gas exploration and production company is separating to create a new company that will oversee its existing California assets as the state’s largest natural gas producer. Premier Newman and Gov.

Houston 102

Houston Austin Texas Office 102