Construction Lawyer

SEPTEMBER 3, 2014

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. The owner moved for summary judgment on the copyright claim on the basis that it had an implied nonexclusive license to use the drawings. The architect was hired to design a restaurant for the owner. shall terminate.

Agreement 45

Agreement Claims AIA Contract 45

Construction Dive

JANUARY 9, 2019

Rowlett officials claim that the team behind the massive mixed-use plot defaulted on their development agreement and committed "textbook bait and switch."

Texas 102

Texas Agreement Claims 102

Construction Marketing

JULY 11, 2022

If the principal’s bond application is approved, the surety company will require the principal to sign an indemnity agreement before it will issue the bond. The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. Sign the indemnity agreement.

Contractors 156

Contractors Legal Bidding Contract 156

Construction Dive

NOVEMBER 24, 2015

By Bruce Jervis Claim settlement agreements can be drafted any which way. Parties signing claim settlement agreements need to be aware. Featured … Claim against Testing Lab Extinguished by Separate Settlement AgreementEngineer’s On-Site Labor Was Incidental The supplier then sued the testing laboratory.

Claims 48

Claims South Dakota Drafting Agreement 48

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. Sloan pg 17. See Carl A. Calvert & Carl F.

Agreement 57

Agreement Contract Insurance Construction 57

Construction Dive

OCTOBER 2, 2013

By Bruce Jervis Construction contracts sometimes establish one party to the agreement as the sole arbiter of all claims or disputes under the contract. It is common for an employee or agent of one party, usually the project owner, to serve as the initial gatekeeper of claims.

Claims 56

Claims Contract Agreement Documentation 56

Constructlaw

JUNE 21, 2022

The contract contained an agreement to arbitrate any disputes with the American Arbitration Association (AAA) under the Federal Arbitration Act (FAA). They sued Taylor, claiming that their home was defectively constructed, causing moisture problems, which led to mold growth. Taylor appealed.

Agreement 52

Agreement Texas Claims Contract 52

Best Practices Construction Law

SEPTEMBER 25, 2020

The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

Mr Ethics

APRIL 23, 2014

If this occurs not only would you be in breach of the agreement but you may not be able to avail yourself of the judicial system of the project state in a claim situation. You may not be able to bring a claim or defend a claim in the project state. Become compliant before the bid is due. Regards, Mr. Ethics.

Bidding 100

Bidding Claims Agreement Contract 100

Mr Ethics

APRIL 23, 2014

If this occurs not only would you be in breach of the agreement but you may not be able to avail yourself of the judicial system of the project state in a claim situation. You may not be able to bring a claim or defend a claim in the project state. Become compliant before the bid is due. Regards, Mr. Ethics.

Bidding 100

Bidding Claims Agreement Contract 100

Mr Ethics

APRIL 23, 2014

If this occurs not only would you be in breach of the agreement but you may not be able to avail yourself of the judicial system of the project state in a claim situation. You may not be able to bring a claim or defend a claim in the project state. Become compliant before the bid is due. Regards, Mr. Ethics.'

Bidding 100

Bidding Claims Agreement Contract 100

Best Practices Construction Law

SEPTEMBER 29, 2020

the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction , the court held that the contractor’s claims against the engineer were barred by the doctrine of accord and satisfaction.

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Construction Dive

JUNE 5, 2013

By Bruce Jervis Joint check agreements are used when a party down the contracting chain has payment concerns regarding the party with whom it has contracted. A subcontractor may ask a project owner to issue checks payable jointly to the prime contractor and subcontractor.

Agreement 48

Agreement Delaware Claims Contract 48

ENR Construction

OCTOBER 23, 2023

Under the settlement, TxDOT will close out claims related to disagreements on permit costs, right-of-way acquisition, COVID-19-related issues and the replacement of the engineer of record, according to the attorney for project general contractor Flatiron/Dragados.

Agreement 69

Agreement Texas Permits Claims 69

Best Practices Construction Law

MAY 29, 2013

Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties'' agreement. The Original Agreement. The Second Agreement. Those claims were identified in Exhibit 1 to the agreement. In Massachusetts Highway Dept. Perini Corporation, 83 Mass.

Claims 48

Claims Contract Agreement Massachusetts 48

Construction Marketing

MARCH 2, 2023

Damage recovery If your claim is successful, you may be entitled to recover damages for your injuries. Not getting a written fee agreement from the lawyer you hire. Filing lawsuit This is a complex process, and it is important to have an experienced attorney by your side throughout the process.

Injury 276

Injury Site Defense Compensation 276

Green Building Law Update

NOVEMBER 5, 2017

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. LEED Certification Agreement has a mandatory arbitration provision. And the dollar amount of those claims is increasing. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Best Practices Construction Law

OCTOBER 10, 2012

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim. A well drafted liquidation agreement will generally accomplish this purpose.

Claims 48

Claims Rhode Island DOT Liability 48

Construction Dive

FEBRUARY 12, 2015

Most often, a disputed change order request or claim for extra costs on a construction project will require one or more negotiation sessions between the contractor and owner to arrive at the final cost and time impact. Negotiation offers the last and best opportunity to settle a dispute without resorting to arbitration or litigations.

Negotiation 48

Negotiation Claims Change Orders Agreement 48

Green Building Law Update

OCTOBER 30, 2013

Trademark Application 85/952,773 to register “The Sustainable Sites Initiative” trademark and filed other associated applications including to register the “SITES” trademark, claiming sole and exclusive ownership of the marks. and The American Society of Landscape Architects'' Library and Education Advocacy Fund, Inc.,

Sustainability 120

Sustainability Site Texas Guidelines 120

Constructlaw

NOVEMBER 9, 2022

District Court for the Southern District of Illinois recently enforced a partially executed agreement to arbitrate where the party that failed to countersign demonstrated assent through its acts and conduct. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

District Court for the Southern District of Illinois recently enforced a partially executed agreement to arbitrate where the party that failed to countersign demonstrated assent through its acts and conduct. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Best Practices Construction Law

JANUARY 22, 2018

the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction , the court held that the contractor’s claims against the engineer were barred by the doctrine of accord and satisfaction.

Claims 83

Claims Mississippi Legal Compensation 83

NH Construction Law

APRIL 26, 2024

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” ” With that opening sentence, the Texas Supreme Court in Lennar Homes of Texas, Inc. ” Id. That didn’t work in Lim v. TForce Logistics LLC , 8 F.4th

Agreement 40

Agreement New Hampshire Texas Claims 40

Constructlaw

SEPTEMBER 29, 2020

Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of arbitration agreements. After the project began, a labor union representative approached and asked MZM’s president to execute a “short-form agreement.”

Agreement 52

Agreement Bargains New Jersey Contract 52

ENR Construction

JUNE 15, 2022

agreement resolves claims of subcontracting kickbacks and bid rigging related to firm's past LOGCAP military operations support contract in Iraq Justice Dept.

Contract 69

Contract Subcontracting Agreement Claims 69

Constructonomics

DECEMBER 8, 2009

And while you could claim that this is some natural cycle of global temperature, you should first consider that the Earth’s average temperature is 14 degrees Celsius and it has gone up 1 degree Celsius over the past 150 years. The bottom line is that the Earth is warming.

Conference 164

Conference Risk Airports Agreement 164

Best Practices Construction Law

SEPTEMBER 5, 2018

The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami. The trial court granted summary judgment in favor of the architect.

Claims 54

Claims Miami Contract Liability 54

Mr Ethics

AUGUST 24, 2016

Insurance carriers want to know where claims may come from before you admit to any liability. Additionally, a failure to comply with the code can result in the imposition of fines or the termination of your agreement. The carrier can argue that you prejudiced their rights by not contacting the carrier first.

Liability 100

Liability Insurance Agreement Claims 100

Mr Ethics

AUGUST 24, 2016

Insurance carriers want to know where claims may come from before you admit to any liability. Additionally, a failure to comply with the code can result in the imposition of fines or the termination of your agreement. The carrier can argue that you prejudiced their rights by not contacting the carrier first.

Liability 100

Liability Insurance Agreement Claims 100

Mr Ethics

AUGUST 24, 2016

Insurance carriers want to know where claims may come from before you admit to any liability. Additionally, a failure to comply with the code can result in the imposition of fines or the termination of your agreement. The carrier can argue that you prejudiced their rights by not contacting the carrier first.

Liability 100

Liability Insurance Agreement Claims 100

NH Construction Law

NOVEMBER 30, 2020

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. Industrial Lumber Co. , Enterprises, Inc. , 3d 35, 36 (1st Cir. ” Id.

Claims 40

Claims Subcontracting United States Contract 40

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

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R. brought suit in the Court of Federal Claims on the TO 26 claim.

Agreement 52

Agreement Claims Contract United States 52

Construction Dive

AUGUST 21, 2013

By Bruce Jervis The design and construction process primarily involves two-party agreements, a chain of contractual relationships. Examples include claim sponsorship and joint check agreements. When these agreements fail to allocate financial proceeds, disputes follow. This week’s cases provide two examples.

Agreement 52

Agreement Claims Drawings Contractors 52

Best Practices Construction Law

JUNE 14, 2022

The statute provides: (a) Provisions in lien waivers, releases, construction agreements as defined in G.S. 22B-1(f)(1), or design professional agreements as defined in G.S. The statute provides: (a) Provisions in lien waivers, releases, construction agreements as defined in G.S.

North Carolina 62

North Carolina Lien Agreement Claims 62

Construction Dive

APRIL 9, 2014

By Bruce Jervis Architectural and engineering service agreements commonly call for the design professional to deliver design documents that comply with all applicable building codes. Is this something different from or more than the customary duty to exercise professional due care? It is a question few pause to ask.

Design 62

Design Change Orders Agreement Claims 62