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. In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment.

Contract 77

Contract Subcontracting Drafting Virginia 77

Constructlaw

JUNE 21, 2022

Gary and Kelley Caballero contracted to purchase a new home to be constructed by Taylor Woodrow and Taylor Morrison of Texas, Inc. The contract contained an agreement to arbitrate any disputes with the American Arbitration Association (AAA) under the Federal Arbitration Act (FAA). Caballero , No. 01-20-00800-CV, 2022 Tex.

Agreement 52

Agreement Texas Claims Contract 52

Levelset

MAY 16, 2022

This Act has a fair amount of rules and requirements that must be followed on home improvement projects, specifically when it comes to the terms of their contracts. There are a few provisions that every construction contract should have. PA home improvement contracts: What’s required? Contract price.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. Others collect building data.

Green 120

Green Risk Claims Drafting 120

Job Order Contracting

APRIL 30, 2022

Partnering in major contracts: Paradox and metaphor. incentive contracts. construction: a case study on MTRC TKE contract 604 in Hong Kong. Channel Tunnel Rail Link: a contract partnership. success through an incentive agreement: lessons learned from an underground railway. Management, 6(3), 159-168. Badenfelt, U.

Construction 264

Construction Project Management Engineering Management 264

Construction Lawyer

DECEMBER 28, 2007

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Hansen Beverage Co.,

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

APRIL 16, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Weil-McLain (Docket No.

Defense 40

Defense Illinois AIA Chicago 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 69

Liability Agreement Drafting Insurance 69

Best Practices Construction Law

SEPTEMBER 24, 2020

While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case. The Contract. The County entered into an agreement with the Contractor to expand a three-mile stretch of road.

Claims 118

Claims Compensation Contract Contractors 118

Construction Lawyer

OCTOBER 18, 2006

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. 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.

Agreement 40

Agreement Illinois AIA Chicago 40

Best Practices Construction Law

AUGUST 9, 2012

Whether the court or the arbitrator decides the statute of limitations issues depends on the parties' contractual agreement. In this case, the disputes clause stated that: "Any dispute, controversy, or claim arising out of or relating to the Contract, or the breach, termination or validity thereof.

Agreement 48

Agreement New York Defense Claims 48

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. involved an IDIQ contract for renovation work at Langley Air Force Base. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R.

Agreement 52

Agreement Claims Contract United States 52

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

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” In Schindler v. Tully Construction Co. , Tully Construction Co. ,

Claims 82

Claims Contract Legal New York 82

Autodesk Construction Cloud

FEBRUARY 8, 2022

At its core, change order is work that is added or removed from the original contractor’s scope of work, as agreed upon in the contract signed by the client and contractor before work began. In fact, it’s not a contract amendment. Change order form submissions can be prepared for. Ambiguous or inaccurate drawings.

Change Orders 96

Change Orders Contract Project Management Schedule 96

Federal Construction Contracting Blog

DECEMBER 9, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. As a result, the contractor submitted several requests for contract adjustments based on the increased price quotes of the vendor.

Contractors 52

Contractors Contract Defense Claims 52

Construction Lawyer

FEBRUARY 28, 2014

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. There was an indemnification provision in the contractor/subcontractor agreement that read as follows: A. contracts insurance litigation'

Contract 40

Contract Contractors Insurance Accidents 40

Building Information Management

SEPTEMBER 18, 2015

Federal Sector Job Order Contracting – 2015 [1]. The following is a listing of considerations when implementing, managing, and /or working with Federal Government Job Order Contract. Contracting Considerations. Location of Contracting Office. Contract Option Years. Planning and Contract Award. JOC Contract.

Contract 40

Contract Negotiation Office Plans 40

Construction Lawyer

MARCH 16, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Merrill Lynch , 2012 U.S.

Contract 40

Contract Illinois AIA Chicago 40

Construction Lawyer

APRIL 15, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

Contract 40

Contract Illinois AIA Chicago 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 52

Liability Agreement Drafting Insurance 52

Building Information Management

JULY 16, 2015

Job order contracting (JOC) is a way for organizations to get numerous, commonly encountered construction projects done quickly and easily through multi-year contracts. Job Order Contracting is a proven construction delivery method that delivers more projects on-time and on-budget than traditional methods.

Contract 40

Contract Contractors Bidding Procurement 40

Construction Lawyer

MAY 2, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Mortenson won the issue.

Contract 40

Contract Illinois Legal Construction 40

Construction Lawyer

AUGUST 8, 2005

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

Contract 40

Contract Illinois AIA Chicago 40

Construction and Infrastructure Law

JUNE 11, 2018

A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. Article 10 of the Convention allows contracting states to permit service by mail; and it allows them to object to service by mail. Construction litigators beware!

Procurement 40

Procurement Contract California Contractors 40

Construction Lawyer

JANUARY 30, 2006

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. contract : Recent Posts.

Contract 40

Contract Illinois Construction AIA 40

NH Construction Law

DECEMBER 19, 2020

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. citations omitted] By its terms the bond insured the faithful performance of the contract. Wellington Power Corp.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Best Practices Construction Law

JUNE 12, 2015

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 a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction Lawyer

APRIL 3, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. LEXIS 46151 (W.Dist.

Claims 40

Claims Agreement Illinois Subcontracting 40

Business Facilities

AUGUST 1, 2014

Washington County boasts a regional life science community with more than 11,000 professionals living in the area; a supportive community college with a successful biotech program and Fort Detrick internship agreement; and a high-tech business incubator. The cranes were also part of the agreement. Getting Ready for the Big Ships.

Metro 111

Metro Detroit Austin Baltimore 111

Construction Lawyer

MAY 4, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Alltel Commc'ns , 666 F.3d

Illinois 40

Illinois AIA Agreement Chicago 40

Federal Construction Contracting Blog

JANUARY 8, 2025

The final rule, a collaboration between the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), is purportedly intended to make the process more transparent and fair.

Procurement 52

Procurement Contractors Defense Organization 52

Business Facilities

JULY 24, 2019

Using a formula that takes into account the new tax revenues generated by the 1,612 new jobs, the JDIG agreement authorizes the potential reimbursement to the company of up to $54 million paid over 12 years. Over the course of the grant’s 12-year term, the project will grow the state’s economy by an estimated $6.3

North Carolina 111

North Carolina San Antonio Louisiana Tennessee 111

Construction Law Monitor

FEBRUARY 10, 2011

House Bill 1532 (Creating a good faith defense for certain minimum wage and overtime compensation complaints). House Bill 1535 (Providing requirements for business payment contracts). Cary Condotta, (R-Wenatchee) (R) on January 25, 2011, provides for specific requirements for business payment contracts. Introduced by Rep.

Washington 44

Washington Construction Permits Structural Engineering 44

Construction Lawyer

MAY 13, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

Risk 40

Risk Design Illinois AIA 40

Construction Lawyer

NOVEMBER 11, 2007

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Here it is: § 8.1.3

Liability 40

Liability AIA Documentation Illinois 40

Construction Lawyer

MAY 8, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Carlisle , No.

Illinois 40

Illinois AIA Chicago Agreement 40