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. Click here for Daniel S. Sloan pg 17. See Carl A.

Agreement 57

Agreement Contract Insurance Construction 57

Best Practices Construction Law

MAY 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?

Risk 69

Risk Materials Contract Contractors 69

Best Practices Construction Law

SEPTEMBER 29, 2020

the Court of Appeals of Mississippi 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.

Negotiation 104

Negotiation Contractors Claims Mississippi 104

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

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

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

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

Green Building Law Update

JANUARY 15, 2017

We have seen a surprisingly large number of contemplated transfers of LEED certified buildings where the deliverables at closing do not anticipate including the GBCI Change Of Ownership Agreement.

Green 120

Green Leases Certification Agreement 120

NH Construction Law

NOVEMBER 30, 2020

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. Industrial Lumber Co. , Enterprises, Inc. , 3d 35, 36 (1st Cir. ” Id.

Claims 40

Claims Subcontracting United States Contract 40

Green Building Law Update

DECEMBER 13, 2015

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.

Foundation 120

Foundation Liability Maryland Claims 120

Constructlaw

NOVEMBER 22, 2022

The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment. The designer, which had specified the wrong type of turbine, invoked New York’s three-year statute of limitations to defeat the owner’s professional negligence claim.

New York 52

New York Risk Claims Liability 52

Best Practices Construction Law

MAY 3, 2017

In construction, there should be a written contract to transfer the risk when you are stuck between a rock and a hard place. Perhaps “inefficient risk transfer” (alluded to by the authors) comes when parties try to transfer risk opposite or beyond what the law addresses.

Risk 48

Risk Contract Construction Legal 48

Levelset

OCTOBER 19, 2022

However, before starting work on a building financed with a construction-to-permanent loan, both property owners and contractors need to understand the risks. Contractor risks with a construction-to-permanent loan. There are common risks that are prevalent in every construction loan program. Budgeting problems.

Contractors 98

Contractors Lien Finance Construction 98

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. In other words, you use the stuff we post here at your own risk. Federal Court dismisses subs claim against GC because of arbitration provision. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

Job Order Contracting

JULY 28, 2021

Most contractors have heard of design-bid-build, design-build, construction manager at risk, and even public private partnerships, various project delivery methods, which, at their heart, focus on balancing the interests of the various parties involved in a construction project, from owners, to design professionals, to contractors.

Contract 130

Contract Negotiation Los Angeles Estimating 130

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. In other words, you use the stuff we post here at your own risk. Indemnity Agreement. Listed below are links to weblogs that reference Indemnity Agreement : Recent Posts. Banfield (No.

Agreement 40

Agreement Illinois AIA Chicago 40

Job Order Contracting

SEPTEMBER 25, 2017

Risk dependent upon completeness and accuracy of construction documents within a relatively ‘ad hoc’ process. Risk dependent upon completeness and accuracy of construction documents within a relatively ‘ad hoc’ process. Generally reduced number of claims and/or litigation issues. Well known. ?

Bidding 100

Bidding Construction Documentation Subcontracting 100

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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.

Liability 69

Liability Agreement Drafting Insurance 69

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. In other words, you use the stuff we post here at your own risk. Non-signatory bound by agreement to arbitrate. Normally, only a party to an agreement to arbitrate is bound by the arbitration provision.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

JANUARY 15, 2014

When the Redevelopment Agency informed the plaintiff that it intended to turn the project over to a different developer, Youssefi, and wanted to provide Youssefi with the plans, the plaintiff and the Agency entered into an agreement to reimburse the plaintiff for its costs. The agreement also acknowledged that plaintiff owned the plans.

Claims 40

Claims California Architecture Plans 40

Construction Dive

JULY 23, 2014

The court said risk and responsibility on construction projects is customarily allocated by a chain of contracts. A contractor “must look to its agreement with the owner for damages if the project is not as represented.” Liability in negligence to non-contracting parties would upset this carefully negotiated balance.

Drawings 56

Drawings Contractors Design Liability 56

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. So, where the costs increased due to the unforeseen Ebola outbreak, PSJV bore the risk. In Pernix Serka Joint Venture v.

Claims 52

Claims Contract United States Site 52

Best Practices Construction Law

NOVEMBER 21, 2019

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. In Universal Concrete Products Corp.

Contract 77

Contract Subcontracting Drafting Virginia 77

Green Building Law Update

SEPTEMBER 7, 2020

Simply because there is a general agreement upon something does not actually make it true. courts risk being the next vehicle in the car wreck of confidence the public has in scientists. courts risk being the next vehicle in the car wreck of confidence the public has in scientists. The case is Stanley Rochkind v.

Maryland 156

Maryland United States District of Columbia Baltimore 156

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

OCTOBER 19, 2011

Simply put, surety bonds are a three-party agreement, which consists of an obligee, principal and surety company. If the principal should default on the agreement in anyway, the surety agency is responsible for payment of financial damages. With insurance, risk is assigned to the insurance company that is protecting their customer.

Insurance 51

Insurance Compensation Claims Agreement 51

Fieldwire

AUGUST 14, 2023

The practice dates back to the 1840s, dreamed up as a measure to reduce the owner’s risk and ensure that the project is fully completed according to the job specifications. It is governed by the contract, which means it’s part of the agreement between two parties. Retainage is up for negotiation Retainage is not set in stone.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

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

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. In other words, you use the stuff we post here at your own risk. Economic Loss Doctrine bars Nevada claims against Architect. The laws of each state are different and each situation is unique.

Nevada 40

Nevada Claims Illinois AIA 40

Levelset

SEPTEMBER 23, 2022

General contractors know these risks when they take the role. 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. Builder’s risk insurance.

Insurance 52

Insurance Liability Accidents Risk 52

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. In other words, you use the stuff we post here at your own risk. False Claims lands Engineer in jail. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts.

Claims 40

Claims Engineering Illinois AIA 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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.

Liability 52

Liability Agreement Drafting Insurance 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. Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects.

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. Knowing what to expect from insurers gives you some leverage as a contractor, and can help you protect your business against financial risk on restoration projects. .

Insurance 52

Insurance Claims Agreement Lien 52

Job Order Contracting

APRIL 30, 2022

Zero costs associated with disputes and claims. Fewer disputes and claims. success through an incentive agreement: lessons learned from an underground railway. confidence and joint risk management in achieving project success. Empirical analysis of traditional contracting and relationship agreements for.

Construction 264

Construction Project Management Engineering Management 264