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.”). June 5, 2014), a payment dispute between a subcontractor and contractor on a federal project. See DiMercurio v. 3d 71, 81 (1st Cir. 311 F.Supp.3d

Agreement 40

Agreement New Hampshire Subcontracting United States 40

NH Construction Law

JULY 22, 2023

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. Brait Builders Corp. ,

Subcontracting 40

Subcontracting Contract Contractors New Hampshire 40

Construction Dive

AUGUST 24, 2017

An owner-contractor agreement calls for binding arbitration, but the subcontracts do not, allowing suits in court. The designers have no agreements with the constructors and no incentive to coordinate dispute resolution mechanisms. Read more.

Subcontracting 57

Subcontracting Agreement Contractors Industrial 57

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

Job Order Contracting

SEPTEMBER 25, 2017

No upfront collaboration of contractor. During pre-construction the contractor is a CM and converts to GC after GMP is mutually agreed upon. The contractor and designer work together for Owner based upon mutually agreed cost, schedule and scope of work. ? More contractor involvement and generally better documentation. ?

Bidding 100

Bidding Construction Documentation Subcontracting 100

Federal Construction Contracting Blog

JULY 31, 2024

After entering into an SBA-approved mentor-protg agreement, Yorktown and Threat Tec formed a limited liability company and executed a joint venture agreement under applicable SBA regulations. In an addendum to the JV agreement, 50.6% The case between Yorktown Systems Group, Inc. and Threat Tec provides some helpful insight.

Subcontracting 52

Subcontracting Agreement Regulation Contract 52

Construction Dive

AUGUST 24, 2017

An owner-contractor agreement calls for binding arbitration, but the subcontracts do not, allowing suits in court. The designers have no agreements with the constructors and no incentive to coordinate dispute resolution mechanisms. Read more.

Subcontracting 48

Subcontracting Agreement Contractors Industrial 48

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

Construction Dive

DECEMBER 5, 2012

Consequently, some project owners and contractors eschew precision and specificity in favor of flexibility and discretion. ” These clauses are common in subcontracts. Prime contract schedules are frequently altered by the project owner or other factors beyond the contractor’s control.

Schedule 48

Schedule Subcontracting Claims Agreement 48

Construction Dive

DECEMBER 5, 2012

Will the newly updated ConsensusDocs 752 Federal Subcontract Agreement make it significantly easier for general contractors and subcontractors to perform federal work? David Mendes, a spokesperson for the American Subcontractors Association (ASA), believes so. ” Read more. . ” Read more.

Subcontracting 48

Subcontracting Agreement Regulation Contract 48

Levelset

APRIL 15, 2022

Mayer Building Company is a New Orleans-based general contractor that specializes in commercial construction and historic renovations. You’ll generally want to prequalify new general contractors before establishing a working relationship. Read a sample subcontract. Mayer Building Company overview. Evaluate credit history.

Resource 97

Resource Lien Documentation Change Orders 97

Construction Law Monitor

SEPTEMBER 19, 2013

Surprisingly, people on all ends of the contracting process don’t always understand the importance of the words chosen in their agreement. Whether you’re a general contractor, subcontractor or homeowner, you should be familiar with all aspects of your construction contract. ” It is the basis of your contract.

Contract 62

Contract Liability Subcontracting Construction 62

Construction Lawyer

DECEMBER 28, 2007

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. from Cialis.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Dive

MARCH 10, 2016

By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. Featured …Assent to Unsigned “Standard” Subcontract Cannot Be InferredPrice Evaluation Tainted by Misinformation on Estimate What is disturbing is the lack of transparency.

Documentation 48

Documentation Contract Drafting Subcontracting 48

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

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. Hill and Mary-Beth McCormack author a well written article on protecting a subcontractor from itself.

California 54

California Subcontracting Contract Legal 54

Best Practices Construction Law

FEBRUARY 21, 2018

Proper insurance coverage is an important risk management tool for contractors, subcontractors, project owners/developers and design professionals. This was a hard lesson learned by a contractor recently in Vivify Construction v. The insurance policy provided “Additional Insured” coverage for the contractor.

Insurance 54

Insurance Subcontracting Injury Construction 54

Constructlaw

APRIL 20, 2023

Army Corps of Engineers hired Relyant Global LLC to act as the prime contractor. Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. The subcontract provided that Relyant “may retain … a maximum of ten percent (10%) of the amount of each invoice.”

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Green Building Law Update

DECEMBER 13, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Clark Construction was the general contractor. Permapost had a subcontract to apply pressure-treated PolyClear 2000 preservative to the Parallams.

Foundation 120

Foundation Liability Maryland Claims 120

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.” Tully Construction Co. , Strict or substantial compliance.

Claims 82

Claims Contract Legal New York 82

Best Practices Construction Law

JUNE 12, 2015

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.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

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

AUGUST 26, 2016

As a contractor am I guaranteed work? that a contractor bids and adheres to during the Job Order Contract period. A co-efficient should incorporate the contractor’s profit and any other costs/contingencies as stipulated for the particular JOC. Is contractor and owner training required?

Contract 100

Contract Overhead Profitability Contractors 100

Levelset

APRIL 28, 2022

In recent years, inflation, supply chain issues, and labor shortages have only increased the likelihood of project delays, performance issues, and contractor default. While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC.

Insurance 52

Insurance Contractors Claims ABC 52

NH Construction Law

MARCH 24, 2018

of the A201 (2007) is typical: “A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect.” What if the contractor prepares a change order himself but the owner ignores it? ” Contractors speak that way. Section 7.2.1 Judges don’t. 33, 37 (1996).

Change Orders 40

Change Orders Subcontracting Contract Claims 40

Construction Marketing Ideas

MARCH 11, 2016

SDI is obtained by the general contractor to protect it from subcontractor defaults—much like a performance bond or other guaranty. While the definition of a default depends on the terms of the SDI policy, it is solely based on a failure to fulfill the terms of a covered subcontract.

Legal 48

Legal Consulting Subcontracting Industrial 48

Help Everybody Everyday

NOVEMBER 1, 2018

General Contractor. Trade Or Specialty Contractor. When a general contractor is hired to build a project, they typically “hold the contracts.” But they’ll also have contracts with trade or specialty contractors who are building specific pieces of the project (like the electrical work, for example).

Industrial 149

Industrial Construction Bidding Renovating 149

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Law Monitor

NOVEMBER 2, 2011

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. Contracts between prime/general contractors and their subcontractors make up a vital link in the construction project chain.

Contract 56

Contract Change Orders Lien Contractors 56

Best Practices Construction Law

DECEMBER 6, 2013

The underlying dispute related to a subcontract agreement on a construction project located on Fort Hood in Texas. When the general contractor did not pay the subcontractor for its work, the subcontractor filed a lawsuit in federal court in Texas based upon diversity jurisdiction (. 3d 736 (5th Cir. Forum selection clause.

Virginia 48

Virginia Texas Subcontracting Construction 48

NH Construction Law

MAY 28, 2018

Like many states, New Hampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. Davis Bacon requirements are yet another instance in which “[t]he prime contractor shall be responsible for the compliance by any subcontractor,” 29 C.F.R. § RSA 275:46.

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Construction Lawyer

APRIL 3, 2012

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. million.

Claims 40

Claims Agreement Illinois Subcontracting 40

NH Construction Law

NOVEMBER 30, 2020

B & D Mechanical Contractors, Inc. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. 106-277 at *5 (1999), tells us: “This bill does not void subcontract provisions requiring arbitration or other alternative methods of resolving disputes. ” U.S.

Claims 40

Claims Subcontracting United States Contract 40

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.

Contract 40

Contract Agreement Subcontracting Wisconsin 40

Best Practices Construction Law

NOVEMBER 26, 2012

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. Although courts treat oral agreement differently in each state, a written agreement will be easier to enforce. Contract Provisions. Project Management Tips. These include: Normal.

Cash Flow 48

Cash Flow Project Management Change Orders Agreement 48

Best Practices Construction Law

APRIL 8, 2013

The dispute relates to a subcontract agreement on a construction project located on Fort Hood in Texas. When the general contractor did not pay the subcontractor for its work, the subcontractor filed a lawsuit in federal court in Texas based upon diversity jurisdiction (. 3d 736 (5th Cir. 2012) cert. Forum selection clause.

Virginia 48

Virginia Texas Subcontracting Construction 48

Construction Lawyer

JANUARY 19, 2015

A dispute arose between a contractor and its subcontractor concerning the installation of temporary fire protection equipment. Any claim arising out of or related to this Subcontract. The arbitrator awarded attorneys fees to the general contractor and the subcontractor moved to vacate the fee award. Inman Construction, No.

Contract 40

Contract Subcontracting Claims Drafting 40