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

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

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

DECEMBER 3, 2017

Additionally, with the advent of the Internet Of Things, smart device manufacturers and providers often control data, and even claim to own it, including a large number of power utilities that claim smart meter data as theirs; not only in commercial buildings but also homes. A claim pending against a major U.S.

Green 120

Green Risk Claims Drafting 120

Construction Superintendent Magazine

NOVEMBER 17, 2015

The American Institute of Architects launched new contract documents. These include a new owner/consultant agreement, as well as six new administrative forms for use on design-build projects. This agreement contains basic business terms related to copyrights and licenses, claims and disputes, termination or suspension and compensation.

Documentation 40

Documentation Contract AIA Agreement 40

Lets Build

OCTOBER 18, 2021

Let alone the time spent trying to ensure that all issues are fully documented, nobody arrives on-site in vain and that material orders don’t get delayed, misplaced or even worse damaged. You have to document everything no matter what. This is the safest way to keep your project and yourself protected from commercial claims.

Site 147

Site Project Management Construction Management 147

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

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

JULY 10, 2022

Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. Applying New Jersey law, the court held: The controlling documents are the Loan Commitment and the Loan Agreement.

Contractors 62

Contractors Agreement Banking AIA 62

Construction Lawyer

NOVEMBER 8, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. « False Claims lands Engineer in jail | Main. | The new AIA Documents and Arbitration - What Rules Apply?

AIA 40

AIA Documentation Illinois Chicago 40

Construction Cost Estimating

MAY 17, 2018

If it is required to develop a new building or refurbish surviving property, the owner should have arranged a document so that the work & other portions of the construction project can be performed systematically. Each construction project should comprise of crucial documents that generally form the part of every construction contract.

Documentation 40

Documentation Construction Drawings Contract 40

Construction Lawyer

NOVEMBER 11, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Limitation of Liability in new AIA Document. Here it is: § 8.1.3 Here it is: § 8.1.3

Liability 40

Liability AIA Documentation Illinois 40

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

Liability 120

Liability Maryland Green Agreement 120

Job Order Contracting

MAY 31, 2017

Job Order Contracting is a multiple party, collaborative win-win agreement between a real property owner and the service provider(s), as such JOC Program management should not be outsourced to a third party, such as JOC consultant. Review and assure that cost data, specifications, documents, tools and procedures are timely and appropriate.

Contract 100

Contract Management Life Cycle Estimating 100

Job Order Contracting

SEPTEMBER 25, 2017

Competitive bidding with selection being the lowest cost selection of the bidder compliant with the scope of work and associated the bid documents. ? Risk dependent upon completeness and accuracy of construction documents within a relatively ‘ad hoc’ process. Generally reduced number of claims and/or litigation issues.

Bidding 100

Bidding Construction Documentation Subcontracting 100

Job Order Contracting

JANUARY 5, 2017

The students will understand the overall process of contract changes, modifications, and claims processes in accordance with the FAR and AFARS. The underlying themes through all the modules of the course emphasize a cooperative working agreement between contractor and government; efficient and timely processing and completion of.

Contract 100

Contract Negotiation Office Agreement 100

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 55

Design Change Orders Agreement Claims 55

Best Practices Construction Law

AUGUST 10, 2017

As an example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, or (3) failure to carry out the Work in accordance with the Contract Documents.”.

Contract 79

Contract Agreement Virginia Construction 79

Construction Lawyer

FEBRUARY 3, 2014

In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification. contracts litigation'

Claims 40

Claims Illinois Agreement AIA 40

Job Order Contracting

JULY 28, 2021

B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work. JOC Contract: Enforceable Contract or Mere Agreement to Negotiate.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Federal Court dismisses subs claim against GC because of arbitration provision. LEXIS 46151 (W.Dist.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Dive

JULY 23, 2014

On one hand, contractors necessarily rely on the design documents when bidding and performing the work. A contractor “must look to its agreement with the owner for damages if the project is not as represented.” There are arguments on each side. ” Read more.

Drawings 59

Drawings Contractors Design Liability 59

Construction Lawyer

DECEMBER 28, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Non-signatory bound by agreement to arbitrate. In a recent federal case, Southern Illinois Beverage Inc.

Agreement 40

Agreement Illinois AIA Chicago 40

Best Practices Construction Law

JUNE 4, 2019

Another court took a similar approach last week, finding that a casually written email by an attorney can constitute a settlement agreement. that an exchange of emails with a mediator can constitute a binding settlement, even if the parties nevre signed a written agreement.

Agreement 61

Agreement Contract Drafting Claims 61

Lets Build

OCTOBER 23, 2020

Every delay in a construction project can open the door to a number of claims or costly penalties depending on the type of your project and the agreements that are in place. For instance, LetsBuild users can have a photo or document attached to each reported issue for a better context. Use construction-specific tools.

Claims 88

Claims Construction Site Management 88

Construction Dive

FEBRUARY 6, 2013

By Bruce Jervis Sometimes final written contract documents are not consistent with prior negotiations or solicitations. The “parol evidence” rule mandates that an unambiguous written agreement must speak for itself. Extrinsic evidence, such as testimony regarding contract negotiations, cannot be used to alter the meaning.

Contract 48

Contract Negotiation Agreement Claims 48

Best Practices Construction Law

MARCH 2, 2020

The owners also claimed on appeal that a contractor in a cost-plus contract has an additional fiduciary duty to a homeowner as a matter of law. However, the court went on to analyze the parties’ agreement as to what costs made up the “cost of the work” and whether certain documentation was required to support those costs.

Contract 71

Contract Documentation AIA Contractors 71

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. This Agreement becomes a part of the Contract when properly executed and approved. In the legal world, words have meaning.

Change Orders 48

Change Orders Claims Compensation Contract 48

Construction Specifier

JUNE 19, 2020

A great example of the latter is when architects and engineers preparing construction documents are allowed to employ their own standard specifications for a project, but need to use the owner’s own, possibly unique documents for Division 00–Procurement and Contracting Requirements. Conflicting requirements.

Documentation 52

Documentation Drafting Contract Claims 52

Construction Dive

AUGUST 7, 2013

Now, in a recent case from Arizona, a licensed architect has turned the table and argued that American Institute of Architects Document B151, an owner-architect agreement, qualified as a “construction contract” for purposes of the benefits of the state Prompt Payment Act. The architect did not prevail in this quest.

Design 52

Design Arizona Agreement Claims 52

Constructlaw

JULY 12, 2022

(collectively DonRob) agreed to sell, and 360 Residential LLC, 360 Sugar Hill LLC, and 360 Capital Company LLC, (collectively 360) agreed to purchase 12 acres (Site) of a 37-acre parcel of property in Sugar Hill, GA (the Agreement). Between the Agreement date and the scheduled closing date, the parties’ relationship deteriorated.

Contract 52

Contract Liability Agreement Georgia 52

Lets Build

MAY 27, 2020

Simply put, the absence of an objective live data source can quickly lead to unclear agreements and a lack of accountability between teams. There are many who claim that standardisation is an impossible task for construction. Information will no longer be lying on different platforms or documents. Invest in standardisation.

Construction 218

Construction Maine Project Management Schedule 218

Construction Lawyer

FEBRUARY 5, 2014

This might be acceptable when the parties use standard forms, such as the American Institute of Architects documents, but the situation can rapidly disintegrate when the parties use home-brewed documents or heavily edit the standard documents. They prefer a more “friendly” document. of AIA Document B102-2007: § 4.2.1

Contract 40

Contract Agreement Drafting Documentation 40

Construction Lawyer

AUGUST 30, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. New AIA documents and Arbitration » August 30, 2007. False Claims lands Engineer in jail.

Claims 40

Claims Engineering Illinois AIA 40

Levelset

OCTOBER 19, 2022

Contractors need to pay close attention to detail in their project documentation and draw requests. Improper project documentation or budgeting. Cost-plus agreements raise the chance of default. These agreements are lawful, but may be detrimental to a lender’s bottom line.

Contractors 98

Contractors Lien Finance Construction 98