Fieldwire

AUGUST 14, 2023

Construction is one of the hardest industries to manage cash flow in, with contractors often facing large up-front costs and frequent, long delays between expenses and payment. The basics of retainage Retainage, also called retention, is an amount withheld from the contractor until a later date.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Best Practices Construction Law

MAY 7, 2014

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim?

Claims 69

Claims Negotiation Bargains Visualization 69

Construction Dive

FEBRUARY 12, 2015

Most often, a disputed change order request or claim for extra costs on a construction project will require one or more negotiation sessions between the contractor and owner to arrive at the final cost and time impact. Negotiation offers the last and best opportunity to settle a dispute without resorting to arbitration or litigations.

Negotiation 48

Negotiation Claims Change Orders Agreement 48

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.

Agreement 48

Agreement Negotiation Documentation Contract 48

Job Order Contracting

FEBRUARY 20, 2023

(a) A JOC should be considered when the workload is anticipated to be of such a yearly volume that benefits derived from a JOC utilization are greater than the costs of the Government resources and contractor overhead associated with establishing and using a JOC. b) Statement of work. (1) d) Distribution. as-built drawings and warranties).

Contract 264

Contract Office Negotiation Documentation 264

Job Order Contracting

JULY 28, 2021

California Contractor Tests the Bounds of Job Order Contracting. When entering into a JOC contract, a JOC contractor agrees to perform work at prices set forth in a Construction Task Catalog also known as a unit price book which includes current local labor, material and equipment costs. Torres Construction Corp.,

Contract 130

Contract Negotiation Los Angeles Estimating 130

Contractor Bookkeeping

MAY 5, 2014

Why Sell Service Agreements? Service agreement holders are more likely to be clients that add more value to your construction company because they represent the most loyal segment of your customer base. Every service agreement customer represents a future work. Every service agreement customer represents a future work.

Cash Flow 48

Cash Flow Agreement Profitability Contractors 48

Construction Law Monitor

AUGUST 9, 2011

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. Liquidating Agreement. Sloan pg 17. See Carl A.

Agreement 57

Agreement Contract Insurance Construction 57

Construction Dive

JANUARY 22, 2015

By Bruce Jervis Project Labor Agreements are controversial. These are pre-hire agreements between a general contractor or a construction manager and a designated collective bargaining representative for all labor on the project. The court concluded there was conflicting evidence on the effect of PLAs on non-union contractors.

Agreement 48

Agreement Union Bargains Maryland 48

Construction Dive

JULY 23, 2014

By Bruce Jervis It has long been controversial: Should design professionals be directly liable to construction contractors for deficiencies in the drawings and specifications? On one hand, contractors necessarily rely on the design documents when bidding and performing the work. There are arguments on each side. ” Read more.

Drawings 64

Drawings Contractors Design Liability 64

Job Order Contracting

JANUARY 5, 2017

This course teaches students strategies and procedures for technical discussion and negotiation with contractors in the JOC task order process. The underlying themes through all the modules of the course emphasize a cooperative working agreement between contractor and government; efficient and timely processing and completion of.

Contract 100

Contract Negotiation Office Agreement 100

Constructonomics

FEBRUARY 15, 2014

This is evidently the only way to make the system truly fair and avoid the potential of public money going to contractors that would be in the political or personal best interests of those awarding the contract. However, contractors (including myself) show up time and time again to bid these jobs.

Bidding 171

Bidding Contract Contractors Delaware 171

Building Radar

AUGUST 28, 2024

A “lump sum contract”, also known as a fixed-price contract, is one of the most common types of agreements in the construction industry. Lump sum contracts can offer both advantages and disadvantages for contractors and clients alike, making it crucial to understand their structure and application fully.

Agreement 52

Agreement Contract Risk Budget 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

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

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. JOC Coefficient: Do’s. JOC Consultants: Don’ts.

Contract 100

Contract Contractors Consulting Software 100

Pro Builder

JULY 20, 2021

The Best Way for Trade Contractors to Stay Out of the Courtroom. The best way for specialty trade contractors to stay out of the courtroom is to manage their clients’ expectations. Contract Essentials for Building Trade Contractors. Trade Contractors. Tue, 07/20/2021 - 07:00. Karalynn Cromeens. Labor Woes? Project Scope.

Contractors 98

Contractors Contract Legal Change Orders 98

Green Building Law Update

JULY 27, 2014

the general contractor responsible for construction of the Mitchell Park library, a proposed LEED Platinum project. With a performance bond in place, the City and the surety announced in early March that they has negotiated a takeover agreement that will allow a new contractor to complete construction.

Documentation 120

Documentation Certification Contract California 120

Job Order Contracting

SEPTEMBER 23, 2017

Bidding/Negotiating/Procurement. Project Delivery is the embodiment of the workflows, requirements, and contractual relationships, between the owner, architect/engineer (A/E), contractor(s), and building users, among others. LEAN Pre-Construction services considerations significantly improve outcomes. Project Delivery Method Selection.

Construction 100

Construction Procurement Agreement Contract 100

Autodesk Construction Cloud

SEPTEMBER 1, 2022

The construction industry uses different kinds of agreements depending on the project’s scope, delivery, schedule, budget, and the parties involved. A construction contract agreement gets everyone involved in a project on the same page. . Under a cost-plus contract, contractors are paid for all of their construction-related expenses.

Contract 98

Contract Maine Construction Agreement 98

Construction Enquirer

JULY 31, 2023

Engineering construction workers operating under the Blue Book agreement have overwhelmingly rejected contractors’ final wage increase offer. “However, we remain open to meaningful negotiations and believe it is in the interests of all parties to start such talks as soon as possible. ”

Engineering 72

Engineering Union Negotiation Construction 72

Construction Enquirer

JULY 5, 2023

Electricians are set for a 7% wage rise from 2024 after a new pay deal was hammered out by electrical contractors and union Unite under the JIB collective agreement. “This agreement gives us an opportunity to work with Unite on longer-term ambitions to update and modernise the industry to improve skills for a low carbon economy.”

Agreement 74

Agreement Electrical Deals Bargains 74

BD+C

SEPTEMBER 17, 2024

Anthony Sanchez Retail Centers Shopping Centers Contractors Designers Designers / Specifiers / Landscape Architects Engineers Facility Managers Architects Building Owners For over a decade now, the talk of the mall industry has been largely focused on what developers can do to fill the voids left by a steady number of big box store closures.

Retail 98

Retail Agreement Drawings Negotiation 98

Job Order Contracting

JULY 29, 2021

Adversarial, change-order-oriented environment is common between owner, A/E, and contractor. No contractor and limited A/E assistance with detailed estimating, plan checking, and constructability reviews during design phase. A/E and contractor work together through all phases of the project. Disadvantages. Advantages.

Design 130

Design Bidding Engineering Construction 130

Job Order Contracting

OCTOBER 18, 2016

If an existing eligible requirements contract totally covers the job order’s work requirement, the work may be awarded to the Contractor holding that contract. The Contractor’s requirement for plans, sketches, shop drawings, as-builts, etc. This target may be modified after the Contractor has prepared a detailed proposal.

Contract 100

Contract Procurement Negotiation Project Management 100

Job Order Contracting

NOVEMBER 7, 2017

(a) Use of a “Unit Price Book” to pre-price the direct material, labor, and equipment costs associated with tasks listed in the book coupled with one or more “coefficient(s)” to cover contractor profit and indirect costs. (b) the JOC contractor formally accepts the order, as mutually agreed, with real property owner. (e)

Contract 100

Contract Management Negotiation Estimating 100

Autodesk Construction Cloud

NOVEMBER 15, 2021

Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. For this reason, construction professionals must find better ways to craft and negotiate agreements. The GC then hires contractors, which is where the subcontractor agreement comes into play.

Contract 52

Contract Contractors Negotiation Subcontracting 52

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. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

Job Order Contracting

MAY 31, 2017

Job Order Contracting is a multiple party, collaborative win-win agreement between a real property owner and the service provider(s), as such JOC Program management should not be outsourced to a third party, such as JOC consultant. Assure internal cost estimates are created when required and compared to JOC contractor estimates.

Contract 100

Contract Management Life Cycle Estimating 100

Construction Dive

FEBRUARY 6, 2013

By Bruce Jervis Sometimes final written contract documents are not consistent with prior negotiations or solicitations. A private project owner may alter equipment specifications without calling the change to the attention of the contractor.

Contract 48

Contract Negotiation Agreement Claims 48

Job Order Contracting

JANUARY 5, 2017

The course covers the elements of JOC; task order scoping; task order proposal requesting, receiving, reviewing, evaluation, negotiation, and documentation; task order placement by ordering officers; key JOC management issues; and contract administration procedures under JOC.

Contract 100

Contract US Engineering Office 100

Job Order Contracting

MARCH 29, 2017

In general, a JOC involves the following unique characteristics: (a) Use of a “Unit Price Book” to pre-price the direct material, labor, and equipment costs associated with tasks listed in the book coupled with one or more “coefficient(s)” to cover contractor profit and indirect costs. (b) through discussions and negotiations.

Contract 100

Contract Office Negotiation Procurement 100

Levelset

APRIL 15, 2022

They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. Contractors often wish they could simply deal with the insurance company directly through an assignment of benefits. The AOB agreements need to be in writing.

Insurance 52

Insurance Contractors Lien Claims 52

Best Practices Construction Law

NOVEMBER 21, 2019

Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. 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.

Contract 77

Contract Subcontracting Drafting Virginia 77

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

Job Order Contracting

FEBRUARY 20, 2018

It is also expected that during certain time of the year project loads may be significantly higher and contractor staffing should reflect these needs. The Contractor must take these costs into account when proposing the. UPB rate and the Contractor’s multiplier. authorization. authorization. exceed $XXXXXXX.

Contract 100

Contract Organization Change Orders Overhead 100

Job Order Contracting

MARCH 22, 2018

Plan and execute work seamlessly between Owners, Contractors, and Building Users. Effectively manage concept development, requests for proposals, joint site visits, proposal reviews and negotiations, approvals/notices to proceed, regular inspections, checklists, close-outs, warranties, and more! Service Level Agreement.

Contract 100

Contract Estimating BIM Forecasting 100