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. The mechanical subcontractor filed suit against the prime contractor for $2.7m

Compensation 97

Compensation Lien Claims North Carolina 97

Construction Law Monitor

AUGUST 9, 2011

Liberty Mutual Insurance Company (“Sloan”), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Liquidating Agreement. Sloan pg 17. See Carl A.

Agreement 57

Agreement Contract Insurance Construction 57

Levelset

MAY 16, 2022

In Pennsylvania, contractors working on residential projects need to be aware of the Pennsylvania Home Improvement Consumer Protection Act. The Act establishes a registration program for home improvement contractors, along with required contract provisions, minimum insurance coverage, and more. Project details.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Best Practices Construction Law

JULY 10, 2022

And that’s precisely what many lenders say on distressed projects when the owner fails to make final payment and the contractor looks to the bank for funding: “We have no money for you contractor!”. The owner and contractor entered into an AIA Contract for the construction management services. in BCD Associates.,

Contractors 62

Contractors Agreement Banking AIA 62

Construction Dive

JULY 23, 2014

By Bruce Jervis It has long been controversial: Should design professionals be directly liable to construction contractors for deficiencies in the drawings and specifications? On one hand, contractors necessarily rely on the design documents when bidding and performing the work. There are arguments on each side. ” Read more.

Drawings 66

Drawings Contractors Design Liability 66

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

Levelset

OCTOBER 19, 2022

However, before starting work on a building financed with a construction-to-permanent loan, both property owners and contractors need to understand the risks. Contractor risks with a construction-to-permanent loan. These risks should be a non-issue when contractors have a comprehensive risk management plan in place.

Contractors 98

Contractors Lien Finance Construction 98

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. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

Best Practices Construction Law

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. 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 Contract.

Claims 118

Claims Compensation Contract Contractors 118

Best Practices Construction Law

OCTOBER 10, 2012

A contractor's recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. The Severin doctrine provides that a general contractor cannot sue an owner on behalf of one of its subcontractors to recover monies due to the subcontractor unless the general contractor is itself liable to the subcontractor.

Claims 48

Claims Rhode Island DOT Liability 48

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

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

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

Best Practices Construction Law

SEPTEMBER 23, 2020

22, 2020) (PDF) , the United States District Court for the District of Maryland held that a construction contractor had waived certain payment obligations by accepting late payments without, but that it did not waive the same payment obligations with respect to future payments. The Town of Sudlersville, Maryland (Sept. The contract.

Contractors 62

Contractors Agreement Contract Maryland 62

Green Building Law Update

JULY 27, 2014

the general contractor responsible for construction of the Mitchell Park library, a proposed LEED Platinum 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

Job Order Contracting

JULY 28, 2021

California Contractor Tests the Bounds of Job Order Contracting. When entering into a JOC contract, a JOC contractor agrees to perform work at prices set forth in a Construction Task Catalog also known as a unit price book which includes current local labor, material and equipment costs. Torres Construction Corp.,

Contract 130

Contract Negotiation Los Angeles Estimating 130

Best Practices Construction Law

SEPTEMBER 5, 2018

Many times, the parties’ contract will dictate whether the contractor can recover delay damages or will be limited to a time extension for delays beyond the contractor’s reasonable control. The general contractor in McLeod filed a malpractice action against the architect on a public contract for the City of Miami. 3d 347 (Fl.

Claims 54

Claims Miami Contract Liability 54

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. certifications and/or lien waivers) to the prime contractors to obtain payment. Mass) (Dec.

Lien 71

Lien Claims Massachusetts Contract 71

Levelset

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 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

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

Mr Ethics

NOVEMBER 30, 2015

Our contract calls for us to be the initial decision maker for any contractor disputes that arise on the project including any claims that allege errors and omissions against us. Ethics, We are the architect of record for a hospital, new construction project.

Liability 100

Liability Utah Agreement Claims 100

Mr Ethics

NOVEMBER 30, 2015

Our contract calls for us to be the initial decision maker for any contractor disputes that arise on the project including any claims that allege errors and omissions against us. Ethics, We are the architect of record for a hospital, new construction project.

Liability 100

Liability Utah Agreement Claims 100

Mr Ethics

NOVEMBER 30, 2015

Our contract calls for us to be the initial decision maker for any contractor disputes that arise on the project including any claims that allege errors and omissions against us. Ethics, We are the architect of record for a hospital, new construction project.

Liability 100

Liability Utah Agreement Claims 100

Construction Dive

FEBRUARY 12, 2014

The policies insure against personal injury or property damage caused by an occurrence during the contractor’s performance of the work. There is no coverage for liability the contractor assumed under a contract or agreement. A project owner sued a prime contractor for defective workmanship. ” Read more.

Insurance 58

Insurance Contractors Liability Injury 58

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

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” Tully Construction Co. ,

Claims 82

Claims Contract Legal New York 82

Pro Builder

JULY 20, 2021

The Best Way for Trade Contractors to Stay Out of the Courtroom. The best way for specialty trade contractors to stay out of the courtroom is to manage their clients’ expectations. Contract Essentials for Building Trade Contractors. Trade Contractors. Tue, 07/20/2021 - 07:00. Karalynn Cromeens. Labor Woes? Project Scope.

Contractors 98

Contractors Contract Legal Change Orders 98

Job Order Contracting

APRIL 30, 2022

Zero costs associated with disputes and claims. Fewer disputes and claims. Associated General Contractors of America, “Partnering: A Concept for Success,” Washington, D.C. Supplier-contractor collaboration in the. Building partnerships: case studies of client–contractor. Shorter construction schedules than planned.

Construction 264

Construction Project Management Engineering Management 264

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 53

Agreement Claims Drawings Contractors 53

Best Practices Construction Law

JUNE 14, 2022

And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to your lien rights. 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.

North Carolina 62

North Carolina Lien Agreement Claims 62

Levelset

JULY 21, 2022

In order to perform construction work, many states require contractors to be “licensed and bonded.” Well, every state sets its own rules for contractor licensing, and contractors often must purchase a surety bond in order to legally practice their trade. Learn more: The complete guide to contractor licensing state-by-state.

Contractors 52

Contractors Claims Oregon Residential 52

PSMJ Resources

APRIL 27, 2009

Deltek alleges the employees violated noncompete agreements and unfairly use some of its trademarks. Its customers include government contractors, engineering firms, construction companies and financial businesses. According to the latest Washington (D.C.) Business Journal, Deltek, Inc. Truong was employed by Deltek until March 2008.

Agreement 40

Agreement Virginia Consulting Claims 40

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. B & D Mechanical Contractors, Inc. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. Industrial Lumber Co. ,

Claims 40

Claims Subcontracting United States Contract 40

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In Kellogg Brown & Root Servs., million; and. million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

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

Federal Construction Contracting Blog

DECEMBER 9, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. The delivery order contained numerous fixed-price line items, some of which the contractor needed to procure from an outside vendor.

Contractors 52

Contractors Contract Defense Claims 52