Best Practices Construction Law

APRIL 28, 2015

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. When you are dealing with changes on a project, they can be classified, treated, reviewed, and compensated on a different basis.

Change Orders 48

Change Orders Claims Compensation Contract 48

Construction Dive

OCTOBER 7, 2012

In claims litigation, this strategy has been in evidence for years. The engineering services agreement said that in the event of a dispute, the losing party would pay the winning party’s attorney fees. The engineer sued to collect approximately $50,000 in compensation. million in damages. million in damages.

Defense 48

Defense Claims Compensation Agreement 48

Construction Superintendent Magazine

NOVEMBER 17, 2015

These include a new owner/consultant agreement, as well as six new administrative forms for use on design-build projects. The C103–2015, Standard Form of Agreement Between Owner and Consultant without a Predefined Scope of Consultant’s Services establishes expectations between an owner and consultant on a project.

Documentation 40

Documentation Contract AIA Agreement 40

Construction Law Monitor

OCTOBER 19, 2011

Simply put, surety bonds are a three-party agreement, which consists of an obligee, principal and surety company. If the principal should default on the agreement in anyway, the surety agency is responsible for payment of financial damages. Surety bonds are another form of insurance.

Insurance 51

Insurance Compensation Claims Agreement 51

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

Levelset

MAY 16, 2022

The contract should constitute the entire agreement between the parties, including attached copies of any required notices. If, however, the agreement is a time and materials contract , a further breakdown is required. ” It’s a way to cancel the agreement with no harm and or penalties to either party.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Safety Services Company

OCTOBER 10, 2012

I would say the vast majority of my clients are very fearful of losing their jobs, even with a collective bargaining agreement in place. The unintended result was that injuries which were no longer covered by workers’ compensation, could now be adjudicated in a civil lawsuit. What is a common fallacy about workplace injuries?

Injury 56

Injury Compensation Insurance Employment 56

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Numerous individual claims.

Construction 52

Construction Claims Contractors US 52

Best Practices Construction Law

JUNE 25, 2015

According to the rules, the time to complete the arbitration, the number of hearing days, and AAA fees and arbitrator compensation, are calculated according to the applicable Time/Cost Schedules and are based on the larger of the claim or counterclaim. The respondent has up to 14 days to answer, which also may not exceed 5 pages.

Conference 48

Conference Compensation Construction Claims 48

Construction Lawyer

MARCH 27, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. After leaving the firm, he sued, claiming that the firm had failed to pay him for overtime work in violation of the Fair Labor Standards Act of 1938 ("FLSA"). professional capacity. professional capacity."

Architecture 58

Architecture Illinois AIA Chicago 58

NH Construction Law

MARCH 24, 2018

” Some contracts are even more limiting, expressly stating that if extra work is done without a signed change order, no additional compensation can be claimed. 659, 670 (2013), but not if the parties’ contract addresses the subject matter of the claim. Section 7.2.1 Should he suspend work, and risk being in breach?

Change Orders 40

Change Orders Subcontracting Contract Claims 40

Pro Builder

MARCH 16, 2021

Some buyer’s agents use such persuasive statements to entice new-home shoppers to employ their services, claiming buyers need them as “protection” from a builder’s sales tactics and to help the buyer obtain better financing and options/upgrades pricing than what the builder offers.

Commissioning 98

Commissioning Procurement Compensation Inventory 98

Best Practices Construction Law

MAY 31, 2016

Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The County entered into an agreement with the Contractor to expand a three-mile stretch of road. This is a must read! In County of Galveston v. The Contract.

Claims 48

Claims Compensation Contract Contractors 48

Buisness Facilities Contributed Content

APRIL 12, 2013

In December, a federal judge approved the Deepwater Horizon Economic and Property Damages Settlement agreement, which covers individuals and businesses in Louisiana, Mississippi, Alabama, and certain coastal counties in eastern Texas and western Florida, as well as specified adjacent Gulf waters and bays.

Mississippi 52

Mississippi Alabama Liability Louisiana 52

PSMJ Resources

MARCH 23, 2010

The biggest chunk of the separation agreement is a $900,000 transition payment. In addition, Zumwalt will get $946,824, the value of the accumulated benefits payable to him under the company's key employee capital accumulation plan and $16,003as compensation for accrued but unused paid time off, the filing said. Meanwhile, a St.

Agreement 40

Agreement Negotiation Tampa Consulting 40

Levelset

SEPTEMBER 23, 2022

At their core, insurance policies are agreements between two parties: the insurer and the policyholder. However, the types of policies and their limits (the maximum amount claims can pay out) are limited. The contractor (policyholder), the property owner, or a third party unrelated to the problem may file a claim against the policy.

Insurance 52

Insurance Liability Accidents Risk 52

Federal Construction Contracting Blog

APRIL 9, 2024

Maritime Liens Explained A maritime lien is a legal right related to maritime activities, allowing certain contractors or service providers to claim an interest in a vessel. Financing and charter agreements typically contain language prohibiting liens, and the shipowner may be forced to satisfy the lien or risk breaching the agreement.

Lien 52

Lien Construction Debt Agreement 52

NH Construction Law

APRIL 26, 2018

Sometimes this unanticipated time/space compression is the owner’s fault, in which case the general contractor/construction manager and its subcontractors will likely be entitled to increased compensation by change order or otherwise -- and to a mechanic’s lien if that increase is not paid. See Town of Bedford v. Brooks , 121 N.H.

Lien 40

Lien Compensation Change Orders Subcontracting 40

Levelset

JUNE 13, 2022

If the roofing contractor has employees, then they must carry worker’s compensation insurance covering all employees. If there are no employees, then they must provide a certificate of attestation of exemption ( CE-200 ) from the NY Worker’s Compensation Board. Law §395-A. What needs to be included in a NY home improvement contract?

New York 52

New York Contract Residential Contractors 52

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.

Insurance 52

Insurance Certification Contractors Liability 52

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. Converteam SAS has held that under the New York Convention, only a party to a signed arbitration agreement can compel arbitration.

Claims 40

Claims Insurance Bankruptcy Legal 40

Best Practices Construction Law

JANUARY 16, 2015

If you are a contractor, there are a number of key provisions that you will want to be on the “look out” before you sign the agreement. The contractor initially agreed to avoid the encumbered area; however, the Board found the contractor did not waive its right to seek additional compensation for the denied access.

Contract 48

Contract Roads Construction Lien 48

NH Construction Law

MAY 28, 2018

Similarly, New Hampshire law provides that if a subcontractor doesn’t pay amounts owed to its employees under workers’ compensation laws, the general contractor must cover those as well. RSA 275:46. RSA 281-A:18.

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Levelset

OCTOBER 20, 2022

Below is a list of coverages that can be obtained through a separate policy or amendment to an existing agreement. . Workers’ compensation insurance : This coverage can help replace income and cover medical expenses if an employee is injured while on the job.

Insurance 52

Insurance Liability Electrical Accidents 52

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. No work should ever be performed based on verbal agreements. Get Organized - Pick a company name that says something about what you are doing.

Contractors 48

Contractors Insurance Claims Lien 48

Job Order Contracting

FEBRUARY 20, 2018

project task/line item, a full description in plain English, a unit of measure and a corresponding unit price, including labor, material, and equipment details, and an associated approved contractor coefficient are to be the basis for Contractor compensation. This action will require a modification to the JO to reflect a change order credit.

Contract 100

Contract Organization Change Orders Overhead 100

Levelset

SEPTEMBER 6, 2022

An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. The policyholder will also have certain duties to perform if an insurance claim is incurred and reported. Though not common, large and complex claims do occur. What is an additional insured?

Insurance 52

Insurance Liability Construction Contract 52

Buisness Facilities Contributed Content

APRIL 15, 2014

A business that applies for the exemption must enter into an agreement with the Governor of Alabama. This credit can also be claimed against the insurance premium tax, the oil and gas production and property taxes, the fisheries business and landing taxes, and the mining license tax.

Income 108

Income Finance Zoning Employment 108

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. No work should ever be performed based on verbal agreements. Get Organized - Pick a company name that says something about what you are doing.

Insurance 48

Insurance Construction Claims Accounting 48

Construction Law Monitor

FEBRUARY 10, 2011

House Bill 1532 (Creating a good faith defense for certain minimum wage and overtime compensation complaints). House Bill 1559 (Limiting indemnification agreements involving design professionals). Kathy Haigh, (D-Shelton) (D) on January 25, 2011, modifies current law to limit indemnification agreements involving design professionals.

Washington 44

Washington Construction Permits Structural Engineering 44

NH Construction Law

JUNE 30, 2022

Contracting parties contemplate the possibility of delays, and often include contract language to address them – sometimes with clauses precluding a contractor from any monetary compensation for delays, even owner-caused delays. ” Tricon Kent Co.

Liability 40

Liability Contract Iowa Contractors 40

NH Construction Law

AUGUST 13, 2020

The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. But many commercial construction contracts provide for mutual waivers of consequential damages in the event of a breach. Typical is the AIA’s A201 General Conditions (2017) § 15.1.7: 3d 799, 808, 11 N.E.3d

Profitability 40

Profitability Contract Liability Bargains 40

Pro Builder

AUGUST 5, 2022

Selective Insurance recently released the results of a 10-year study of workplace injury trends , based on 110,000 workers’ compensation claims between 2011 and 2021. That’s a telling statistic for an industry that has been suffering from a labor shortage for more than a decade and struggles to attract younger workers to its ranks.

Safety 72

Safety Resource Injury Construction 72

Construction Lawyer

MAY 30, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. The compensation statute therefore “retroactively revives the State’s cause of action for statutory reimbursement against Jacobs that was previously extinguished by the statute of repose.”.

Liability 40

Liability Contractors Design Illinois 40

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. No work should ever be performed based on verbal agreements. Consult with a construction attorney and follow their advice.

Construction 48

Construction Insurance Accounting Claims 48

Building Radar

SEPTEMBER 9, 2024

A lump sum contract is a fixed-price agreement in which the contractor agrees to complete the project for a set price, regardless of actual costs. A unit price contract is an agreement where the contractor is paid for the actual quantities of work performed, rather than a lump sum. What is a ‘Lump Sum Contract’?

Drawings 52

Drawings Construction Lien Contract 52

Buisness Facilities Contributed Content

MARCH 21, 2014

The program is capped at 10,000 new jobs being claimed each year by all participants; whereas a taxpayer is limited to a maximum of 400 new jobs per year. The business must sign a job-creation agreement under the Advantage Arkansas program within 24 months of signing the Tax Back agreement.

Income 75

Income Finance Zoning Equipment 75