Construction Law

JULY 1, 2024

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

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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 was hired to design a restaurant for the owner. The lawsuit followed.

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Construction Dive

FEBRUARY 19, 2014

If a new standard construction management agreement from the ConsensusDocs coalition lives up to its hype, there could be significantly less confusion of this sort in the near future. ” The ConsensusDocs 830 agreement and related exhibits will replace the current 801 Construction Management Agreement. Read more.'

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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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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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Construction Lawyer

DECEMBER 5, 2012

Anyone drafting a contract, including non-attorneys, can take advantage of this site. Although this site seems to be best suited for attorneys, particularly those not intimately familiar with arbitration and mediation, it is simple enough for a layman to use in proposing modifications to draft agreements.

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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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Constructlaw

APRIL 6, 2023

This guide provides an overview of international arbitration: how it works; when you should select it as the dispute resolution procedure; and key considerations when drafting an international arbitration agreement.

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Green Building Law Update

DECEMBER 18, 2016

Responding to consultant email and draft report of Phase II environmental site assessment. Reviewing and approving quotes in draft third party journal article on defects in green building contracts. Drafting form contract for LEED consultant to use in responding to RFPs. Lunch with prospective client]. 01:30 p.m.

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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). Dist, Sept.

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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 52

Construction Lawyer

JANUARY 28, 2014

Nordic PCL Construction , provides a lesson in how not to draft construction agreements. The agreement between the parties was the A101-1997, which was the vehicle by which other documents were incorporated into the contract. A Hawaii case, Safeway, Inc. However, the Supplementary Conditions deleted the arbitration provision.

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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.

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Best Practices Construction Law

JUNE 4, 2019

Another court took a similar approach last week, finding that a casually written email by an attorney can constitute a settlement agreement. that an exchange of emails with a mediator can constitute a binding settlement, even if the parties nevre signed a written agreement.

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Agreement Contract Drafting Claims 61

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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Pro Builder

MAY 27, 2022

Those items proved valuable resources for conducting his new duties—so valuable that his previous employer sued for violation of confidentiality and nondisclosure agreements and for illegal use of trade secrets. Confidentiality agreements. What Is a Restrictive Covenant? Three Most Common Types . Covenants not to compete .

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Employment Agreement New York City Resource 98

Construction Equipment

MAY 9, 2017

The draft of the timeline shows construction to begin in January 2018 and last 30 months, giving the team three months to move in. The Las Vegas Stadium Authority released a preliminary project timeline on Monday for the 65,000 seat domed football stadium that will be the new home of the Raiders. What are their odds?

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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. For the contractors out there, Universal Concrete Products is a good reminder of the importance of drafting clear and unambiguous contact terms between the parties.

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Contract Subcontracting Drafting Virginia 77

Stok

NOVEMBER 22, 2022

Guest post by Joe Miller , Member of USGBC Delegation to COP27 With COP27 wrapped, here are key announcements and agreements from the conference. The actual substance of the agreement is yet to be announced, but how far reaching the details of this agreement will be a major indicator of whether this COP would be viewed as a success or not.

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Lets Build

APRIL 1, 2020

Draft contracts. Draft contracts. All the work that needs to be done in the project should be written in a draft contract. I’m talking about the draft contracts with: The architects. Keeping all these parties covered with draft contracts is important for completing the whole puzzle called construction project.

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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. Therefore, an oral agreement to resolve the dispute may not be sufficient. Williams, No.

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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

AUGUST 10, 2017

As an example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. The arbitration agreement provided: “If any material dispute, disagreement or controversy concerning this Agreement is not settled in accordance with the procedures set for in [previous section].

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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.

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Green Building Law Update

NOVEMBER 15, 2015

There is little question that a properly drafted provision in a contract requiring arbitration is enforceable. Certification Agreement has a mandatory arbitration provision. The Supreme Court, in American Express v. Italian Colors Restaurant decided in 2013, “the overarching principle that arbitration is a matter of contract.

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Green Building Law Update

NOVEMBER 28, 2014

This may also be the last time the ICC utilizes a voluntary consensus process for drafting the IgCC. And while that coterie of groups collaborated in the past, there is concern that future agreements between the groups, including agreements to exchange money, may color future versions of this green code.

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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. Architects believe that they can use plain English in a simple agreement to form a bond with an owner.

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Best Practices Construction Law

JULY 31, 2015

Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J. Legal Writing 89 (2008-09), here are a few items to think about when drafting contracts: A contract is about defining transactions and relationships. On occasion, circumstances dictate the necessity of revisions to your standard agreement.

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Contract Drafting Claims Agreement 48

Levelset

APRIL 15, 2022

An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. A property owner and contractor can set up an assignment of benefits in two steps: The owner and the contractor sign an AOB agreement The contractor sends the AOB to the insurance company. The AOB agreements need to be in writing.

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Green Building Law Update

JANUARY 15, 2016

The 113 page draft order found that under existing net metering rates other ratepayers were subsidizing net metering customers (e.g., At its root, net energy metering is a method of measuring energy produced by a renewable energy generator when it is connected to an electric utility distribution system.

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Green Building Law Update

NOVEMBER 5, 2017

And there is no question that a properly drafted provision in a contract requiring arbitration is enforceable. LEED Certification Agreement has a mandatory arbitration provision. The purpose of the blog post is not to argue whether or not arbitration works as well or better than litigation. Legal scholars can have at it.

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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. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

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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. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

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Liability Maryland Green Agreement 120

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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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. In Massachusetts Highway Dept. Perini Corporation, 83 Mass.

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Building Radar

JULY 24, 2024

It is essential to draft clear and comprehensive contracts and to review them thoroughly before signing. It involves direct discussions between the parties to reach a mutually acceptable agreement. Ambiguities in contracts can lead to misunderstandings and conflicts between parties.

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Construction Specifier

JUNE 19, 2020

In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., Third-party documents may have been drafted to coordinate with other Division 00 documents or none at all. New York).

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