Fieldwire

AUGUST 14, 2023

Retainage is up for negotiation Retainage is not set in stone. It is governed by the contract, which means it’s part of the agreement between two parties. Every contract is negotiable, including what percentage is retained and for how long. It’s up to the contracting parties to agree on the terms that work for both of them.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

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

Best Practices Construction Law

SEPTEMBER 5, 2018

The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami. The trial court granted summary judgment in favor of the architect.

Claims 54

Claims Miami Contract Liability 54

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

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

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

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. In Triangle Construction , the court held that the contractor’s claims against the engineer were barred by the doctrine of accord and satisfaction.

Claims 83

Claims Mississippi Legal Compensation 83

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

Green Building Law Update

NOVEMBER 5, 2017

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. LEED Certification Agreement has a mandatory arbitration provision. And the dollar amount of those claims is increasing. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

Colorado 52

Colorado Tennessee Claims Contract 52

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

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

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

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 90

Liability Agreement Drafting Insurance 90

Building Radar

OCTOBER 8, 2024

Contractors must be familiar with the payment schedules, conditions for payments, and the process for claiming payments in case of disputes. Informal Negotiations Before escalating any disputes, parties are encouraged to engage in informal negotiations. Payment Terms VOB also stipulates clear payment procedures.

Contract 52

Contract Construction Documentation Project Management 52

Job Order Contracting

JANUARY 5, 2017

This course teaches students strategies and procedures for technical discussion and negotiation with contractors in the JOC task order process. The students will understand the overall process of contract changes, modifications, and claims processes in accordance with the FAR and AFARS. 2017 PURPLE BOOK.

Contract 100

Contract Negotiation Office Agreement 100

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 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

Autodesk Construction Cloud

NOVEMBER 15, 2021

For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities. First, there’s the prime contract, which is the agreement that sets the terms between the owner and GC.

Contract 52

Contract Contractors Negotiation Subcontracting 52

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

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

Federal Construction Contracting Blog

SEPTEMBER 15, 2021

Following negotiations, the parties executed a bilateral modification for the eight micropiles, which contained a release that is sometimes referred to as a “closing statement.”. Failing to reach an agreement on this REA, the government issued a unilateral modification granting some time and money for the micropile foundation system.

Claims 52

Claims Contract Foundation Bidding 52

Construction Dive

JULY 23, 2014

Liability in negligence to non-contracting parties would upset this carefully negotiated balance. A contractor “must look to its agreement with the owner for damages if the project is not as represented.” ” Read more.

Drawings 59

Drawings Contractors Design Liability 59

Green Building Law Update

JULY 27, 2014

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

Construction Specifier

JUNE 19, 2020

Several adverse consequences may occur if the Division 00 documents—especially the owner-contractor agreement and general and supplementary conditions—are not well-coordinated with the specifications of Divisions 01-49. The same thing can happen when negotiating changes in the contract price during construction.

Documentation 52

Documentation Drafting Contract Claims 52

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 all JOC task order cost estimates, documents, packages for accuracy and compliance.

Contract 100

Contract Management Life Cycle Estimating 100

NH Construction Law

MAY 20, 2023

Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. “Conditions in contracts are construed in accordance with their ordinary meaning.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. Converteam SAS has held that under the New York Convention, only a party to a signed arbitration agreement can compel arbitration.

Claims 40

Claims Insurance Bankruptcy Legal 40

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. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed.

Contract 77

Contract Subcontracting Drafting Virginia 77

CivilJungle

AUGUST 8, 2022

Sale Agreement. The sale agreement documents carry all crucial facts about the land ownership and the customer and dealer. Only after the sale agreement can we tell the sale of custody becomes finished. Mother Agreement. A deed represents the right of the owner to claim the property. Deed of Land.

Documentation 52

Documentation Legal Certification Agreement 52

Best Practices Construction Law

MAY 20, 2016

In other words, you are negotiating about who takes the risk on a particular issue. The United States Court of Appeals for the Federal Circuit Contract recently addressed this issue in a government contract dispute where the parties’ agreement required the contractor to pay for fuel at the prevailing rate. In DG21, LLC v.

Risk 69

Risk Materials Contract Contractors 69

Job Order Contracting

OCTOBER 18, 2016

The owner estimate or detailed analysis must be completed before receipt of the Contractor’s proposal and before negotiations take place. The owner estimate will be used to evaluate the reasonableness of the Contractor’s proposal and will serve as the owner’s pricing and quantity objective during negotiations.

Contract 100

Contract Procurement Negotiation Project Management 100

Revit OpEd

DECEMBER 22, 2017

On December 15, 2017, Congressional Leaders announced that the conferees appointed by both the House and the Senate reached an agreement to reconcile differences between the House’s version of the Tax Cuts and Jobs Act (the “House Bill”) with the Senate’s version of the Tax Cuts and Jobs Act and unveiled the text of a final bill (the “Tax Bill”).

Employment 85

Employment Compensation Agreement Income 85

Levelset

SEPTEMBER 6, 2022

An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. The policyholder will also have certain duties to perform if an insurance claim is incurred and reported. Though not common, large and complex claims do occur. What is an additional insured?

Insurance 52

Insurance Liability Construction Contract 52

Pro Builder

JULY 20, 2021

The default provision says you will give the other side some notice (typically 48 hours or more) to fix the default, and if they don't adhere to this agreement, the contract can be terminated. For an owner, default usually is falling to pay when promised. . Yes, You Need One . Trade Contractors. Business Management Best Practices.

Contractors 98

Contractors Contract Legal Change Orders 98

Job Order Contracting

FEBRUARY 20, 2018

The JO is issued and approved upon agreement between the ORGANIZATION NAME Representative and the Contractor on the scope of work, performance time, and the price for that work. These negotiations must precede the JO award/approval and are not allowed on a Change Order basis. payment when requested by the ORGANIZATION NAME.

Contract 100

Contract Organization Change Orders Overhead 100