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.

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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.

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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.

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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

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Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

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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.”

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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.”.

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Construction Law

JULY 1, 2024

This story is only available to subscribers to the printed edition of Construction Law.

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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.

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Best Practices Construction Law

JULY 31, 2015

Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J. Legal Writing 89 (2008-09), here are a few items to think about when drafting contracts: A contract is about defining transactions and relationships. On occasion, circumstances dictate the necessity of revisions to your standard agreement.

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Construction Law

JULY 1, 2024

News Our regular news round up includes a landmark Supreme Court judgment that will affect many major infrastructure projects; transparency concerns over the burgeoning use of framework agreements; and a council victory in a judicial review involving a private finance initiative roads project.

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Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

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Liability Agreement Drafting Insurance 52

Best Practices Construction Law

NOVEMBER 21, 2019

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. For the contractors out there, Universal Concrete Products is a good reminder of the importance of drafting clear and unambiguous contact terms between the parties.

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Best Practices Construction Law

MARCH 14, 2016

Right before trial, the parties reached an agreement and notified the court that the trial was unnecessary. The attorney for the Williams drafted a short letter agreement and sent it to opposing counsel. Therefore, an oral agreement to resolve the dispute may not be sufficient. Williams, No.

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Constructlaw

JULY 6, 2020

Department of State , 1 the Board rejected a contractor’s claim for additional costs related to demobilization and remobilization of the job site in Freetown, Sierra Leone, due to an Ebola virus outbreak. In Pernix Serka Joint Venture v. In mid-March 2015, PSJV remobilized to the site. 1 CBCA 5683, 2020 WL 1970843 (C.B.C.A.

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Construction Lawyer

FEBRUARY 5, 2014

Frequently, the parties do not consult with a construction attorney when drafting contracts. Architects are among the worst offenders, often choosing to use “letter agreements” that they have cobbled together from various sources. Architects believe that they can use plain English in a simple agreement to form a bond with an owner.

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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. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation.

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Construction Specifier

JUNE 19, 2020

In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., Such an assumption may be fraught with risk that may not be revealed until a problem arises during construction, such as submittal of a claim.

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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.

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Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. Elrod , where the parties had reached a settlement agreement through the email communications of the attorneys.

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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.

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Construction Lawyer

JANUARY 19, 2015

Any claim arising out of or related to this Subcontract. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.

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Constructlaw

JULY 13, 2021

This is critically important in cases where the arbitration agreement selects the AAA without designating which of the various AAA arbitration rules the parties intended to apply (eg, the Commercial Arbitration Rules, Construction Arbitration Rules).

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Construction Agreement Claims US 52

Autodesk Construction Cloud

NOVEMBER 15, 2021

For this reason, construction professionals must find better ways to craft and negotiate agreements. The shifting of risk and liabilities is a very common practice when drafting contracts. First, there’s the prime contract, which is the agreement that sets the terms between the owner and GC. Make sense of your contracts.

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Construction Lawyer

JANUARY 29, 2014

Because the limitations of section 13-214 do not apply to fraud-based construction claims, the appellate court properly followed Rozny and looked to section 13-205 to determine the applicable statute of limitations. of the standard AIA Owner/Architect agreement applies to fraud-based construction claims. contracts litigation'

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Construction Lawyer

NOVEMBER 8, 2007

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. | I immediately printed out several of the new documents, including various owner-architect agreements and an owner-contractor agreement.

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Building Radar

OCTOBER 8, 2024

For assistance with drafting clear and effective contracts, you may want to explore resources from DLA Piper. Contractors must be familiar with the payment schedules, conditions for payments, and the process for claiming payments in case of disputes. Scope of Work Clearly defining the scope of work is crucial for project success.

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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.

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Income Finance Zoning Employment 108

Construction Test

MAY 19, 2020

However, the number of cancelled trips means customers are waiting much longer as airlines struggle to deal with a colossal backlog of claims. The Wall Street bank was initially drafted in to handle a possible bailout of Virgin Atlantic, but has been awarded a broader mandate covering the entire sector. . Lufthansa Group.

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Building Information Management

JULY 27, 2016

00 52 00 Agreement Forms. 00 52 13 Agreement Form – Stipulated Sum (design/bid/build or. 00 52 16 Agreement Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 23 Agreement Form – Construction Manager as Agent or Advisor – Stipulated. 00 52 00 Agreement Forms. Requirements.

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Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

00 52 00 Agreement Forms. 00 52 13 Agreement Form – Stipulated Sum (design/bid/build or. 00 52 16 Agreement Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 23 Agreement Form – Construction Manager as Agent or Advisor – Stipulated. 00 52 00 Agreement Forms. Requirements.

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Equipment Construction Schedule Concrete 40

Construction Lawyer

NOVEMBER 8, 2007

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. One subtle change in the new 2007 AIA documents involves the incorporation of the Rules of the American Arbitration Association into the agreement, assuming that arbitration is selected as the dispute resolution method.

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