Federal Construction Contracting Blog

APRIL 9, 2024

In this blog post, we will explore the intricate relationship between these two legal realms by diving into a primer on maritime liens. As you navigate these intertwined industries, understanding the nuances of maritime law, particularly maritime liens, becomes critical.

Lien 52

Lien Construction Debt Agreement 52

Construction Marketing

JULY 11, 2022

If the principal’s bond application is approved, the surety company will require the principal to sign an indemnity agreement before it will issue the bond. The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. Sign the indemnity agreement.

Contractors 156

Contractors Legal Bidding Contract 156

Construction Law Monitor

AUGUST 9, 2011

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Sloan pg 17. See Carl A. Calvert & Carl F.

Agreement 57

Agreement Contract Insurance Construction 57

Fieldwire

AUGUST 14, 2023

It is governed by the contract, which means it’s part of the agreement between two parties. Retainage does not extend the mechanics lien deadline A mechanics lien is perhaps the most powerful tool that contractors have to force payment. Mechanics lien laws have specific deadlines that contractors must follow.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Construction Law Monitor

JULY 20, 2011

There is likely no answer for you under the lien law – unless you filed a notice of lease agreement with the owner within the appropriate time frame. Finally, the Notice of Lease Agreement does not have to be in any specific form – simply a copy of the contract should suffice. What do you do?

Leases 44

Leases Lien Louisiana Equipment 44

Levelset

OCTOBER 19, 2022

Cost-plus agreements raise the chance of default. These agreements are lawful, but may be detrimental to a lender’s bottom line. Under a cost-plus agreement, there is little control over spending during construction. Failing to protect lien rights. Information about judgments and liens (i.e., Learn more.

Contractors 98

Contractors Lien Finance Construction 98

Construction Lawyer

APRIL 20, 2009

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. « Economic Loss Doctrine bars Nevada claims against Architect | Main. | » April 20, 2009. Idle Equipment not entitled to Lien in Missouri. mechanics liens. Missouri Land Development v.

Lien 40

Lien Missouri Equipment Illinois 40

Construction Lawyer

MAY 21, 2009

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Subcontractors Mechanics lien allowed where bank seized generals funds. 107108 (May 21, 2009), has ruled in favor of the subcontractor in enforcing a mechanics lien. University of St. Francis , No.

Lien 40

Lien Illinois AIA Chicago 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

Construction Lawyer

OCTOBER 18, 2006

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Indemnity Agreement. Listed below are links to weblogs that reference Indemnity Agreement : Recent Posts. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

APRIL 3, 2012

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. Liquidation Agreement did not supercede agreement to arbitrate. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Lawyer

DECEMBER 28, 2007

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. 15, 2007), the court held that a non-signatory to a contract that contained an agreement to arbitrate could be bound by the arbitration requirement. Buy cialis.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

APRIL 19, 2009

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Idle Equipment not entitled to Lien in Missouri » April 19, 2009. Economic Loss Doctrine bars Nevada claims against Architect. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

Nevada 40

Nevada Claims Illinois AIA 40

Best Practices Construction Law

NOVEMBER 6, 2019

the dispute involved the parties’ separate agreement wherein the contractor committed to pay the subcontractor for delay damages that were beyond the subcontractor’s reasonable control. When the subcontractor was delayed, it submitted claim for $42,00 for the 21 days of delay damages. Wright & Morrisey, Inc. ,

Vermont 54

Vermont Lien Claims Negotiation 54

Construction Lawyer

AUGUST 28, 2013

This law, Public Act 098-0548, codified at 735 ILCS 5/2-2301, applies to “personal injury, property damage, wrongful death, or tort action involving a claim for money damages.” Many construction cases involve either personal injury or property damage claims. 2) Either: (i) a signed release of a healthcare provider lien; or. (ii)

Illinois 40

Illinois Lien Claims Insurance 40

Construction Lawyer

AUGUST 30, 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. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY.

Claims 40

Claims Engineering Illinois AIA 40

Federal Construction Contracting Blog

MAY 9, 2022

However, when the parties cannot reach an agreement, the subcontractor faces financial turmoil. On a private project, a subcontractor may file a mechanic’s lien to secure its right to payment. However, when the owner is the federal government, a subcontractor has no lien rights.

Claims 52

Claims Contract Lien Materials 52

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

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

Construction Law Monitor

NOVEMBER 2, 2011

A good subcontractor will have his attorney review any agreement to make sure that the deal is an even one. There should be a clear provision in the contract outlining the process whereby CO’s are made and approved; Define change order – modification to work already contemplated by the agreement; (ie different materials).

Contract 56

Contract Change Orders Lien Contractors 56

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"). " 29 C.F.R. 541.300(a). Northern Dist.

Architecture 58

Architecture Illinois AIA Chicago 58

Construction Lawyer

OCTOBER 6, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. Jurado , which involved competing lien claims.    The plaintiff bank filed suit to foreclose on a mortgage. 

Illinois 40

Illinois Lien Banking AIA 40

Help Everybody Everyday

MARCH 6, 2009

Contracts are an agreement signed by your firm and a client that sets the rules for the work to be done. “No damages for delay” clauses that remove your ability to claim actual damages for delay beyond your control and imposed by an upstream party. Final payment as a waiver of all claims. Mandatory arbitration.

Contract 48

Contract Claims Legal Lien 48

Construction Lawyer

APRIL 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. New York court holds that contractor installing cogeneration system not entitled to a mechanics lien. Trystate claimed that there was an unpaid balance of some $250,000 for both buildings.  Categories.

New York 40

New York Lien Contractors Illinois 40

NH Construction Law

FEBRUARY 25, 2023

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle. Don’t count on it. In Coachman Estates of Barrington, LLC v.

Banking 40

Banking Inspections Construction Lien 40

Levelset

JUNE 13, 2022

Any mechanics lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing a mechanic’s lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanics lien. Law §395-A.

New York 52

New York Contract Residential Contractors 52

Construction Lawyer

MAY 1, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. « New York court holds that contractor installing cogeneration system not entitled to a mechanics lien | Main. apply to any claim that is directed to arbitration by the court. LEXIS 18182 (Nov.

Florida 40

Florida Illinois Claims AIA 40

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

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

Levelset

APRIL 28, 2022

SDI helps general contractors cover the expenses that are incurred when a subcontractor fails to perform according to the terms of their agreement. In addition, SubGuard does not provide protection against mechanics liens from unpaid second-tier subs and suppliers. The insurance company reimburses ABC Builders for the claim amount.

Insurance 52

Insurance Contractors Claims ABC 52

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

Construction Lawyer

NOVEMBER 11, 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 of the new 2007 AIA documents is B103 -- Owner-Architect Agreement for a Large or Complex Project. Florida Supreme Court follows Texas Lamar Homes » November 11, 2007. Here it is: § 8.1.3

Liability 40

Liability AIA Documentation Illinois 40

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

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 ‘Mechanic’s Lien’?

Drawings 52

Drawings Construction Lien Contract 52

Construction Lawyer

MAY 2, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.  It directed that "if Mortenson, in its sole discretion, elects to demand arbitration with Subcontractor," then "any dispute  arising between Mortenson and Subcontractor under the Agreement.

Contract 40

Contract Illinois Legal Construction 40

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