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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Agreement Drafting Contract Site 40

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

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.

Green 120

Green Memphis Agreement Drafting 120

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.”

Agreement 52

Agreement Bargains New Jersey Contract 52

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.

Green 120

Green Contract DC Documentation 120

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.

Green 120

Green Risk Claims Drafting 120

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

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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Nevada Commissioning Leases Banking 120

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.

Liability 120

Liability Maryland Green Agreement 120

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.

Liability 120

Liability Maryland Green Agreement 120

NH Construction Law

APRIL 26, 2024

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” ” With that opening sentence, the Texas Supreme Court in Lennar Homes of Texas, Inc. ”).

Agreement 40

Agreement New Hampshire Texas Claims 40

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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Subcontracting Drafting San Francisco California 40

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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Drafting Contract AIA Documentation 40

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].

Contract 79

Contract Agreement Virginia Construction 79

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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Claims South Dakota Drafting Agreement 48

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 Contract Documentation Claims 120

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 .

Employment 98

Employment Agreement New York City Resource 98

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.

Documentation 48

Documentation Contract Drafting Subcontracting 48

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.

Agreement 61

Agreement Contract Drafting Claims 61

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

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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Las Vegas Drafting Agreement Construction 53

Construction Law

JULY 1, 2024

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

Drafting 52

Drafting Agreement Claims Contract 52

Construction Law Monitor

MARCH 9, 2012

All to often, I will have contractors operating on oral agreements , (just a handshake and a man’s word!) In these current times, form documents and oral agreements are unacceptable. For more information see Wolfe Law Group’s website regarding contract drafting and contract review.

Contract 69

Contract Construction Agreement Legal 69

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 52

Liability Agreement Drafting Insurance 52

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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Agreement Change Orders Drafting Tennessee 48

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.

Contract 52

Contract Drafting Documentation Construction 52

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.

Drafting 52

Drafting Insurance Construction Contract 52

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.

Claims 48

Claims Contract Agreement Massachusetts 48

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.

Contract 48

Contract Drafting Negotiation Agreement 48

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.

Contract 40

Contract Agreement Drafting Documentation 40

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.

Contract 48

Contract Drafting Claims Agreement 48

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.

Legal 52

Legal Drafting Agreement Deals 52

Best Practices Construction Law

DECEMBER 6, 2012

Yesterday, I received an email alert from the American Arbitration Association announcing ClauseBuilder , an on-line arbitration and mediation tool that assists individuals and organizations in drafting arbitration and mediation agreements. whether to use arbitration, mediation, or both. Standard versus Tailored.

Agreement 48

Agreement Drafting Contract Commercial 48

Construction Lawyer

AUGUST 21, 2014

The standard AIA agreements contain an express license. For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 the license granted in this Section 7.3 shall terminate.

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AIA Agreement Contract Documentation 45

Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. Elrod , where the parties had reached a settlement agreement through the email communications of the attorneys.

Tennessee 48

Tennessee Change Orders Contractors iPad 48

Green Building Law Update

DECEMBER 1, 2019

The drafting process was widely criticized resulting in a document that has never been enacted anywhere, and likely should not ever be adopted as code. But arising from a 2014 confidential agreement signed by the U.S. Many code officials have concluded the 2018 IgCC is not a good building code, green or otherwise. The 2015 IgCC (.

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Green Maryland Certification Site 156