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There are numerous ways that contract parties can shift the risk of certain types of losses between each other. One approach is to require one party to list the other, protected party as an additional insured on its own purchased insurance policies, thereby giving the protected party direct access to insurance coverage.
A well-designed CAT program will also align with state labor laws, contracts, and any union agreements. Timely detection and correction of unsafe behavior through video-based coaching: Helps prevent crashes and violations, Reduces potential liability, and Improves employee retention. 4) Share safety improvements.
If you, as an employer, have 1099 employees on your staff from time to time, you may be wondering whether you are required to provide health insurance to them. Instead, 1099 workers are paid based on your agreement with them. Do Employers Have to Provide Health Insurance to Contracted Employees? What is a 1099 Employee?
Army Job Order Contracts fail to meet critical AFARS requirements most of the time. The J OCPB (JOC Price Book: reflects the current local costs in detail for construction tasks expected to be performed in the geographical area of the base contract with the primary use of developing a detailed line-item price.
A contract’s a contract, right? There are many construction contract types out there. The construction industry uses different kinds of agreements depending on the project’s scope, delivery, schedule, budget, and the parties involved. The eight types of construction contracts include: cost-plus construction contract.
Liberty Mutual Insurance Company (“Sloan”), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Brennan’s The Construction Contracts Book.
Best Practice Job Order Contracting. The DOD has long been recognized as the leader in best practice job order contracting. Thus while County, State, and Local Governments in general have a ways to go in deploying Best Practice Job Order Contracting, the potential benefit are certainly worth the effort. Note that for.
Bylaws and operating agreements. Business contracts and agreements. Employment law issues (employment contracts and policies, intellectual property, hiring and firing). Financial matters (bank accounts, taxation, insurance, collections). Business licenses or permits. Marketing, advertising, and social media.
Having a clear, comprehensive contract with your general contractor is one of the most important aspects of a successful home remodeling or renovation project. A contract protects you, your budget, and your property, so make sure to consider the following as you negotiate your agreement: Licensing. Scheduling. Scope of work.
INSURANCE |. In a way, a surety bond is like insurance; it is a three-part agreement between the contractor, the organization requiring the bond (e.g. This agreement ensures that a contractor will perform all of the duties they agreed to in the bid they placed, abiding by the terms of that government-sanctioned project.
If you learn that you need to purchase a surety bond to work as a contractor or to enter into a contract to perform work on a project, here is some information you should know about surety bonds and how they work for contractors. The second category of bonds you will likely encounter as a contractor is contract bonds. Bond Types.
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.
Dear Mr. Ethics, What should we consider when entering a project contract with a code of conduct provision? If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Regards, Ethically Aware.
Dear Mr. Ethics, What should we consider when entering a project contract with a code of conduct provision? If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Regards, Ethically Aware.
Dear Mr. Ethics, What should we consider when entering a project contract with a code of conduct provision? If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Regards, Ethically Aware.
A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. The JOC will remain in effect for one year from date of contract award.
Well, in a recent construction dispute in Maryland, “the Man” was the owner’s insurance company. The contract required Gaylor to purchase and maintain an Owner Controlled Insurance Program (“OCIP”). The Contractor did not notify the insurance carrier of the dispute prior to settlement.
By Bruce Jervis Commercial general liability (CGL) insurance policies have been the source of much controversy in the construction industry. The policies insure against personal injury or property damage caused by an occurrence during the contractor’s performance of the work. Insurers certainly don’t intend them to.
A construction contract is a tool that you can use to help outline these requirements. What exactly is a construction contract, how can it be used and what are the different types? A construction contract is a document that outlines the roles and responsibilities between two or more parties on a project. Lump Sum Contracts.
Setting up a Job Order Contract Using Best Management Practices involves a mix of strategic and operational steps including a gap analysis of current and planned outcomes. . d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e.,
Reading and understanding an insurance policy on a construction project can be a lot like understanding my kids playing Speak Out. Proper insurance coverage is an important risk management tool for contractors, subcontractors, project owners/developers and design professionals. Nautilus Insurance Co. ,
Project loss insurance has the potential to save contractors from devastating project losses, no matter the cause. Project loss insurance, or PLI, is designed to mitigate catastrophic construction project losses. Project loss insurance coverage. How project loss insurance works. How much does project loss insurance cost?
Luckily, that’s what insurance is for, right? Does a general contractor’s insurance cover their subcontractors’ accidents or mistakes? While there isn’t a cut-and-dry answer to these questions, we’ll take a deeper look into insurance coverage and what happens in these situations. Who is covered by an insurance policy?
An insurance policy rarely meets every contractor’s needs out of the box. One of the most common endorsements you’ll likely encounter involves additional insured (AI) parties. While it may sound unusual, adding additional insureds is common and extends benefits both to you as a policyholder – and the party being named on the policy.
When working in construction, your insurance policy gets issued as a fairly standard contract. Like a basic construction agreement, you can upgrade or downgrade your insurance policy just as a customer might do with the fit and finish of a building. What is an insurance endorsement? How insurance endorsements work.
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. Understanding a homeowner’s insurance policy – and what it covers – can be helpful when deciding to take on a project. Understanding homeowner insurance policies.
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. Understanding a homeowner’s insurance policy – and what it covers – can be helpful when deciding to take on a project. Understanding homeowner insurance policies.
Your base insurance policy may offer some coverage for unexpected damage to some business property, but making assumptions about the extent of coverage could lead to some financial distress. . An equipment floater offers insurance protection for your business property as it moves from location to location. What is an equipment floater?
(c) “Job order” – a firm, fixed priced, lump-sum order issued by an organization to a job order contractor for a definite project scope of work as compiled from the unit price book to be performed pursuant to a job order contract. (d)
I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.
Subcontractor default insurance is one alternative to a surety bond that works to protect a contractor from the financial burden when one of their subcontractors defaults. Related: 16 types of insurance coverage for contractors. What is subcontractor default insurance? How SubGuard insurance works.
The lack of precision on the way in the contract description can be the source of this problem. The following are some of the most common issues that may pop up during a construction project: Contract Disputes. The reasons for a contract dispute may vary each time. Lack of precision when putting together the contract.
To help your business remain viable, contractor’s insurance should be a crucial part of your financial strategy. Insurance also puts other parties’ minds at ease when they want to hire you as a specialty contractor. A certificate of insurance (COI) is a valid form used to prove that you carry the appropriate insurance policy.
A new law spawned by the 2010 Louisiana legislative session will effect construction contracts in the state, but has received relatively little attention. 9:2780.1 ( read the Act and new law here ), and provides that certain contract provisions within a construction contract are invalid as a matter of law.
Do you have insurance? Ensure all the bidders are actually qualified to work as a subcontractor , and have the required licenses and insurance. Always have a contract in place before any work gets started. These are elements of the agreement that state a sub will only get paid when the contractor gets paid (sometimes in full).
There are a panoply of federal laws within discreet silos, including significantly: The Health Insurance Portability and Accountability Act (HIPAA), The Family Educational Rights and Privacy Act (FERPA), the Fair and Accurate Credit Transaction Act (FACTA), and the like. establish requirements for a business after a data breach.
Many construction contracts and subcontracts provide for arbitration of disputes. Sphere Drake Insurance, PLC , 202 F.3d 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). Sphere Drake Insurance, PLC , 202 F.3d See DiMercurio v. 3d 71, 81 (1st Cir. 3d 71, 81 (1st Cir.
It’s fairly common, especially on commercial and public construction projects, and typically ranges from 5 - 10% of the total contract price. So on a $100,000 contract with 10% retainage, the contractor doesn’t have to fork over ten grand at the beginning. Instead, the contractor will deduct the retainage from each payment application.
An AIA press release highlights the array of how AIA agreements seek to accommodate the various ways in which design build projects are delivered. The key document is, of course, the agreement between the Owner and the Design-Builder. For example, the 2014 Exhibit A is an insurance and bonds exhibit. Additional Changes.
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. Code § 2782; N.Y.
In the State of New York, contractors working on certain residential projects need to have a good understanding of the NY Home Improvement Contracts Act. Here’s what NY residential contractors must include (and what can’t be included) in a New York home improvement contract. Law §395-A.
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?
As a Principal, Business Developer, or someone who is responsible for bringing in business for your construction firm, you are very likely to come across contracts. Contracts are an agreement signed by your firm and a client that sets the rules for the work to be done. Deal Breakers. “Pay when paid” clauses.
Having a clear, comprehensive contract with your general contractor is one of the most important aspects of a successful home remodeling or renovation project. Ask that your contract includes license numbers and information. Scheduling Haphazard scheduling is one of the most common sources of problems on a home remodeling job.
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