Constructonomics

DECEMBER 28, 2014

Everybody loves to get hung up in contract language. On construction projects, contractors, owners, and subs will fire contract language back and forth like missiles in what gets to be an arms race of legalities that negatively affects projects by creating panic and anxiety. Absolutely not.

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Agreement Deals Contract Legal 219

Best Practices Construction Law

FEBRUARY 1, 2024

under Contract No. KBR) made material misrepresentations in its proposal, rendering the fully-performed contract void ab initio. Background: The contract in question, executed on July 9, 2013, was for the construction of an Aegis Ashore Missile Defense System site in Deveselu, Romania, with a firm, fixed-price amount of $134,211,592.

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Defense Contract Subcontracting Engineering 62

Building Radar

AUGUST 11, 2024

Retainage is a significant element of contract management. Understanding what retainage is, how it functions, and its implications can greatly influence how contractors and clients navigate their contracts. Typically, retainage is a percentage of the total contract price. What is Retainage?

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Contract Cash Flow Construction Regulation 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

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.

Agreement 52

Agreement Illinois Contract Bidding 52

CivilJungle

AUGUST 8, 2022

Legal Documents Required for Purchase of Property. But we must avoid the problem and legal situation by checking the documents required for buying property. Every construction work begins with legal approval. Sale Agreement. Only after the sale agreement can we tell the sale of custody becomes finished.

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The Constructor

NOVEMBER 8, 2014

A contract or tender document in construction industry is an agreement between two parties which they intend to be legally binding with respect to. Construction Construction Contracts Construction Management Bill of Quantities Contract Documents Contracts Tender Tender documents'

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Construction Marketing

JULY 11, 2022

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.

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Contractors Legal Bidding Contract 156

Job Order Contracting

JULY 21, 2019

Job Order Contracting: Everything Owners and Builders Need to Know. Of course, the question remains… why don’t more real property owners and facilities management teams leverage the benefits of job order contracting? What Is Job Order Contracting? as well as total cost-of-ownership asset management. When Is JOC Used?

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Contract Management Procurement Change Orders 130

NH Construction Law

SEPTEMBER 28, 2021

Many construction contracts and subcontracts provide for arbitration of disputes. 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). See DiMercurio v. 3d 71, 81 (1st Cir.

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Agreement New Hampshire Subcontracting United States 40

CivilJungle

DECEMBER 26, 2020

Introduction of Tort Vs Contract. A tort , in common law jurisdiction, could be a tort (other than a breach of contract) that causes an applicant to suffer loss or hurt, leading to legal liability for the one that commits the act. A contract is lawfully enforceable as a result of it meets the wants and approval of the law.

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Job Order Contracting

JULY 21, 2019

Job Order Contracting: Everything Owners and Builders Need to Know. Job order contracting is neither difficult to understand, nor costly to practice, yet is virtually assures the consistent delivery of quality, on-time, on-budget repair, renovation, and new construction projects…if designed, deployed, and managed correctly.

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Contract Management Procurement Change Orders 115

Job Order Contracting

JANUARY 5, 2019

Definition: IDIQ construction contracts are Indefinite Delivery Indefinite Quantity construction agreements that may or may not have associated detailed construction delivery processes and workflows. . MATOC (Multiple Award Task Order Contract) or MACC (Multiple Award Construction Contract) – for larger construction projects.

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Green Building Law Update

NOVEMBER 4, 2018

That being the case, then why has the GBCI Change Of Owner Agreement been uploaded into LEED Online only 700 times since February 2015? So, GBCI even provides a form, making affecting the change in their system easy, but the Change of Owner Agreement form is little used. according to Susan Dorn, the General Counsel of USGBC and GBCI.

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Agreement Green Contract Certification 176

Best Practices Construction Law

JULY 1, 2022

30, 2022), the Court of Appeals of Tennessee reversed the confirmation of an arbitration award because the so-called arbitration clause appeared in the employee handbook and was not a stand-alone agreement. The handbook expressly negated any contract of employment: “. Timothy Crowder , No. 19CV-48300W (Jun. This was error.

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Agreement Employment Contract Tennessee 62

Best Practices Construction Law

JUNE 15, 2022

Let’s cut to the chase—Virginia has joined 11 other states that have expressly prohibited “pay if paid” clauses in construction contracts. Many require more than just “pay-if-paid” language in the parties’ contract. If you have construction projects in Virginia, then read on. What’s the difference? What does the Virginia law say?

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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

NH Construction Law

OCTOBER 30, 2022

It is not uncommon for owners/developers who solicit proposals from general contractors, and general contractors who solicit proposals from subcontractors, to send out a Notice of Intent or Letter of Intent to a GC or sub in advance of signing a formal contract, announcing that the proposal has been accepted. Khoury , 170 N.H. ” Id.

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Contract Agreement Documentation Negotiation 40

Building Radar

AUGUST 6, 2024

According to ResearchGate , common procurement risks include supplier reliability, contract disputes, and changes in project scope. Contract Disputes : Conflicts arising from ambiguous contract terms, leading to legal disputes and project disruptions. AJER /W050801640172.pdf)

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Levelset

JUNE 13, 2022

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.

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New York Contract Residential Contractors 52

Best Practices Construction Law

AUGUST 10, 2017

In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. As an example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. And you don’t always mean what you say. Bankers Ins.

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Contract Agreement Virginia Construction 79

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

Job Order Contracting

MARCH 29, 2017

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.

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cnstrctr

JANUARY 4, 2020

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.

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Contract Construction Finance Documentation 88

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.

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Pennsylvania Residential Contractors Contract 98

Best Practices Construction Law

JULY 10, 2022

Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. The owner and contractor entered into an AIA Contract for the construction management services.

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Contractors Agreement Banking AIA 62

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

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 Marketing

JANUARY 24, 2022

While you are not legally obligated to offer health plans to these workers, you can still choose to. Instead, 1099 workers are paid based on your agreement with them. The level of control the employer legally has over how the worker performs tasks. Do Employers Have to Provide Health Insurance to Contracted Employees?

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Insurance Plans Contractors Employment 156

Job Order Contracting

AUGUST 21, 2018

LEAN OpenJOC(TM) Job Order Contracting has a number of distinct advantages for repetitive repair, renovation, minor new construction and maintenance projects. The Additional Benefits of LEAN OpenJOC Job Order Contracting. Not all implementations of Job Order Contracting are the same. The Origins of IDIQ and JOC.

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Contract Renovating Sustainability United States 100

Best Practices Construction Law

MARCH 17, 2021

And there are times when parties to a construction contract face a goocher. Khan Comfort, LLC , the Supreme Court of South Dakota held that a missing time element in a construction contract did not invalidate the contract. In other words, the court found that a contract existed—i.e., Here’s what I mean… In J.

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Contract South Dakota Documentation Construction 62

Green Building Law Update

AUGUST 16, 2020

Today, the contracts for the sale and purchase of a house are often provided through a multiple listing service usually by a local board of realtors and most of the forms in common use do not adequately address the admittedly new and only now evolving issues arising from a sale with rooftop solar panels.

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Housing Leases Residential Agreement 207

Job Order Contracting

FEBRUARY 20, 2018

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. DEFINITIONS.

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Green Building Law Update

SEPTEMBER 24, 2017

The best way to mitigate risk in your green building project are properly drafted contract documents prepared by this law firm or by another attorney with green building experience. As I posted in this blog less than a year ago, Less than 20% of Green Building Contracts are Properly Drafted. That may sound self serving, but it is true.

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Job Order Contracting

OCTOBER 18, 2016

JOB ORDER CONTRACTING (JOC) Operations Manual. The work management office also completes a desk estimate of the project cost to help determine the best method for executing the work request (in-house shops, competitively bid individual contracts or JOC). Contract Administration Functions. Contract Inspection Functions.

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Job Order Contracting

JANUARY 5, 2017

Things Contractors Should Know About Job Order Contracts. As a construction contractor considering a Job Order Contract (JOC), it is critical to be aware that all JOCs are not the same. Here are a just a few things contractors should know about job order contracts. Will you earn a reasonable profit? Army and U.S.

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Fieldwire

AUGUST 14, 2023

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.

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Contractors Cash Flow Lien Negotiation 98