Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” 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. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

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

Best Practices Construction Law

JUNE 21, 2016

The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. Like every legal question, the answer is: It depends! Tully Construction Co. ,

Claims 82

Claims Contract Legal New York 82

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

Green Building Law Update

DECEMBER 3, 2017

It is the unsophisticated who will encounter legal issues and be left holding the bag. A claim pending against a major U.S. When claims are made, including for negligent misrepresentation, by a buyer against a seller that data is not accurate, who is responsible largely depends upon the writings. Others collect building data.

Green 120

Green Risk Claims Drafting 120

Construction Marketing Ideas

MARCH 11, 2016

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

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. disruption distinction.

Claims 118

Claims Compensation Contract Contractors 118

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

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

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

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Lawyer

DECEMBER 28, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Non-signatory bound by agreement to arbitrate. Hansen Beverage Co.,

Agreement 40

Agreement Illinois AIA Chicago 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

Green Building Law Update

OCTOBER 28, 2018

confronting profound and difficult issues about the nature of law in our society and the rights of citizens to have unfettered access to the legal edicts that govern their lives” to hold that no valid copyright interest can be asserted in any part of a code adopted by government. It uses an untrammeled and broader rationale, “.

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Green United States Commissioning Foundation 159

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.

Liability 69

Liability Agreement Drafting Insurance 69

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

Best Practices Construction Law

APRIL 28, 2015

In the legal world, words have meaning. 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.

Change Orders 48

Change Orders Claims Compensation Contract 48

Best Practices Construction Law

FEBRUARY 1, 2024

Motion to Amend and Legal Defense: The Corps, despite delays in formally amending its answer, argued that KBR was aware of the potential affirmative defense before the conclusion of fact discovery. Falsely claiming to have submitted a Technical Assistance Agreement to the Directorate of Defense Trade Controls.

Defense 62

Defense Contract Subcontracting Engineering 62

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

Construction Lawyer

APRIL 19, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Economic Loss Doctrine bars Nevada claims against Architect.

Nevada 40

Nevada Claims Illinois AIA 40

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.

Insurance 52

Insurance Contractors Lien Claims 52

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. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

Construction Lawyer

AUGUST 30, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. False Claims lands Engineer in jail. In United States v.

Claims 40

Claims Engineering Illinois AIA 40

Best Practices Construction Law

JULY 31, 2015

Legal Writing 89 (2008-09), here are a few items to think about when drafting contracts: A contract is about defining transactions and relationships. This is more than the definition of “contract” that lawyers learn in law school ( i.e. , “An agreement between or among two ore more parties for the purpose of …”).

Contract 48

Contract Drafting Claims Agreement 48

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

Best Practices Construction Law

FEBRUARY 25, 2014

Accordingly, the joint venture could not claim reimbursement under the policies. The Owner and the Contractor alleged numerous claims against each other, ranging from breach of contract, mechanic’s liens, prompt pay act violations, failure to maintain the schedule, construction defects and others. The Insurance Claim.

Insurance 59

Insurance Maryland Claims Construction 59

Fieldwire

AUGUST 14, 2023

It is governed by the contract, which means it’s part of the agreement between two parties. If they let the filing deadline lapse without filing a lien claim, lien rights may be lost forever. Contractors often have to decide whether to file a lien or hope that their hiring party follows through on their agreement.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Best Practices Construction Law

SEPTEMBER 23, 2020

The parties’ agreement required the owner to make payment within 20 days of submission of an application for payment by the contractor. The agreement also contained a provision that any modification of the contract was required to be in writing. Lesson: Read your contracts, reserve your claims, and exercise your rights.

Contractors 62

Contractors Agreement Contract Maryland 62

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Building Radar

AUGUST 8, 2024

A mechanic’s lien is a legal claim against a property for unpaid work or materials provided during construction or renovation. Failure to do so can result in legal action, including potential foreclosure. Legal Procedures and Timelines Each state has specific rules regarding the timing and filing of mechanic’s liens.

Lien 52

Lien Legal Security Risk 52

Construction Law Monitor

JANUARY 10, 2011

Another year crossed off the calendar, and Wolfe Law Group clients can rest easy knowing that their legal fees will not increase. It’s almost a tradition in the legal profession for firms to annual raise rates on their clients. And don’t worry – at Wolfe Law Group, we’re sticking to our original agreement with you.

Legal 48

Legal Agreement Claims Profitability 48

Federal Construction Contracting Blog

MAY 9, 2022

However, when the parties cannot reach an agreement, the subcontractor faces financial turmoil. Even worse, if a subcontractor fails to take prompt legal action, it can lose access to one of the most effective ways to recover the amounts due. Instead, the subcontractor must pursue its claims via the Miller Act.

Claims 52

Claims Contract Lien Materials 52

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.

Liability 52

Liability Agreement Drafting Insurance 52

Construction Law Monitor

OCTOBER 19, 2011

There is a lot more involved in acquiring the appropriate permits, licensing and legal documents in order to be granted permission to start. Simply put, surety bonds are a three-party agreement, which consists of an obligee, principal and surety company. Surety bonds are another form of insurance.

Insurance 51

Insurance Compensation Claims Agreement 51

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.

Agreement 48

Agreement Change Orders Drafting Tennessee 48