Best Practices Construction Law

MARCH 28, 2013

ConsensusDocs released the new ConsensusDocs 498 Design-Build Teaming Agreement today, which provides a standard contract for parties desiring to form a team for the purpose of submitting a bid on a design-build project. Critical issues such as confidentiality, withdrawal from the team, and document ownership are included.

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Agreement Negotiation Documentation Contract 48

Green Building Law Update

NOVEMBER 5, 2017

The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.

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Green Contract Documentation Claims 120

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. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors.

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Contract Subcontracting Drafting Virginia 77

Construction Lawyer

SEPTEMBER 3, 2014

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. Some time later, the architect drafted an AIA contract which the owner marked up with various changes. The architect did not accept any of the changes and the AIA contract was never signed.

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Agreement Claims AIA Contract 45

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.

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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.

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Agreement Illinois Contract Bidding 52

Construction Dive

FEBRUARY 19, 2014

Standard construction management agency contracts have been maligned for not doing an adequate job of defining which costs fall into a particular bucket, leading to confusion when it comes time for payment. ” The ConsensusDocs 830 agreement and related exhibits will replace the current 801 Construction Management Agreement. .”

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Agreement Management Drafting Construction 48

Construction Dive

MARCH 10, 2016

By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. Not surprisingly, these customized contracts tend to favor the drafting party. The drafting party seeks to impose its terms through reference. What is disturbing is the lack of transparency.

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Documentation Contract Drafting Subcontracting 48

Construction Lawyer

JANUARY 28, 2014

Nordic PCL Construction , provides a lesson in how not to draft construction agreements. Subsequently, Safeway made further revisions to various contract documents, including an AIA Document A101-1997 and A201-1997. The issue was whether the Supplementary Conditions were incorporated into the contract or not. Section 8.1.3

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Drafting Contract AIA Documentation 40

Construction Lawyer

DECEMBER 5, 2012

The American Arbitration Association has announced a new website that allows a party to construct clauses for a contract providing for alternative dispute resolution. Anyone drafting a contract, including non-attorneys, can take advantage of this site. The site is ClauseBuilder.org.

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Agreement Drafting Contract Site 40

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. But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc.

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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. But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc.

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Liability Maryland Green Agreement 120

Green Building Law Update

DECEMBER 3, 2017

A properly drafted green building lease may contain a provision substantially like, Landlord shall provide to Tenant reports for the amount of electricity, natural gas and fuel oil (where applicable) consumed at the building broken down by utility type, energy unit usage (e.g., Others collect building data.

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Best Practices Construction Law

JULY 31, 2015

I’ve tried both and prefer a third: Contracts, which do not entertain, do not convey information or ideas, and do not try to persuade. ” In the world of commercial real estate and construction contracts, Siviglia hit the nail on the head. Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J.

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Contract Drafting Claims Agreement 48

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.”

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Agreement Bargains New Jersey Contract 52

Construction Dive

AUGUST 11, 2016

Believe it or not, a construction contract with scores of provisions that runs dozens of pages does not actually define the entire legal relationship between the parties, regardless of how thorough the contract may seem or how much time and expense they invested in its drafting. By Stephen Hess, Esq. Read more.

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Contract Drafting Negotiation Agreement 48

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.

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Liability Agreement Drafting Insurance 69

Best Practices Construction Law

MAY 29, 2013

Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties'' agreement. The Original Agreement. The Second Agreement. Those claims were identified in Exhibit 1 to the agreement. The Disputes. The Holding.

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Claims Contract Agreement Massachusetts 48

Construction Lawyer

JANUARY 30, 2014

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. The prime agreement between Weisel and Ryan consisted of an AIA Document A111 (presumably a 1997 version) and an AIA Document A201 (also presumably the 1997 version). of the General Contract.

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Subcontracting Drafting San Francisco California 40

Construction Lawyer

FEBRUARY 5, 2014

Frequently, the parties do not consult with a construction attorney when drafting contracts. Architects are among the worst offenders, often choosing to use “letter agreements” that they have cobbled together from various sources. The “plain and simple” document drafted by the architect is not clear. An example.

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Contract Agreement Drafting Documentation 40

Constructlaw

DECEMBER 7, 2022

or international construction agreement to agree to arbitration of disputes. The document details a Standard Clause providing sample language for the parties to a domestic U.S. This Standard Clause contains options for parties to agree on either institutional administered or ad hoc arbitration.

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Contract Drafting Documentation Construction 52

Construction Law Monitor

MARCH 28, 2011

What’s great about her post is that it discusses a very legal topic – construction contracts – from the perspective of someone in the business. Enjoy her insights, and to learn more about construction contracts, read from this category on our blog: Construction Contracts. But why is a contract necessary?

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Contract Legal Construction Documentation 50

Best Practices Construction Law

JUNE 4, 2019

Remember that case where a court found that a string of text messages can form a binding contract ? Another court took a similar approach last week, finding that a casually written email by an attorney can constitute a settlement agreement. Lehman then sent the defendant the draft of a written settlement agreement.

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Agreement Contract Drafting Claims 61

Building Radar

OCTOBER 8, 2024

As the standard set of regulations governing construction contracts in Germany, mastering VOB procedures can significantly impact project success. The VOB, comprising three parts, establishes the legal framework for construction contracts in Germany. Scope of Work Clearly defining the scope of work is crucial for project success.

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Contract Construction Documentation Project Management 52

NH Construction Law

APRIL 26, 2024

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” ” With that opening sentence, the Texas Supreme Court in Lennar Homes of Texas, Inc. ”).

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Agreement New Hampshire Texas Claims 40

Construction Law

JULY 1, 2024

This story is only available to subscribers to the printed edition of Construction Law.

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Drafting Agreement Claims Contract 52

Construction Dive

NOVEMBER 24, 2015

By Bruce Jervis Claim settlement agreements can be drafted any which way. Sometimes they are drafted with broad, general language. Parties signing claim settlement agreements need to be aware. Sometimes they produce unexpected consequences. The supplier sued the state and settled for a stipulated amount.

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Claims South Dakota Drafting Agreement 48

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

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Contract Contractors Negotiation Subcontracting 52

Construction Law

JULY 1, 2024

News Our regular news round up includes a landmark Supreme Court judgment that will affect many major infrastructure projects; transparency concerns over the burgeoning use of framework agreements; and a council victory in a judicial review involving a private finance initiative roads project.

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Drafting Insurance Construction Contract 52

NH Construction Law

APRIL 26, 2020

When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.

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Contract Agreement Subcontracting Wisconsin 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

Construction Law Monitor

AUGUST 24, 2012

This Bill protects subcontractors when contracting so that they cannot be held liable to indemnify the general contractor or owner from certain types of negligence. This Bill raises a bigger and more overarching question as to why do state legislatures feel the need to make rules to restrict the freedom to contract.

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California Subcontracting Contract Legal 54

Construction Lawyer

JANUARY 19, 2015

The contract between the parties contained these dispute resolution provisions: § 6.2.1 The contract made no mention of attorneys fees, but it did incorporate the Construction Industry Arbitration Rules of the American Arbitration Association. arbitration contracts litigation' shall be subject to arbitration.

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Contract Subcontracting Claims Drafting 40

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. First, your written contract may have a provision that requires all changes and modifications to be in writing.

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Agreement Change Orders Drafting Tennessee 48

Construction Lawyer

AUGUST 21, 2014

If the contract between the parties does not mention license, but gives a general permission to use the plans, an implied license can be inferred. The standard AIA agreements contain an express license. For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 shall terminate.

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AIA Agreement Contract Documentation 45

Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. For example, did you know that your email communications can be used to establish an enforceable contract, change order, or settlement?

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Tennessee Change Orders Contractors iPad 48

Best Practices Construction Law

NOVEMBER 26, 2012

Written Contract. As a preliminary matter, make sure that you get a written contract when starting a new project and make sure that both parties sign the agreement. Too many times I have represented parties who either "did the deal on a handshake" or "never signed the contract." Contract Provisions.

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Cash Flow Project Management Change Orders Agreement 48