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 90

Liability Agreement Drafting Insurance 90

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

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.

Green 149

Green Drafting Contract Sustainability 149

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.

Contract 77

Contract Subcontracting Drafting Virginia 77

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

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

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

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

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

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.

Insurance 52

Insurance Contractors Lien Claims 52

Building Radar

OCTOBER 8, 2024

The VOB, comprising three parts, establishes the legal framework for construction contracts in Germany. It stipulates the rules for competitive bidding, evaluation criteria, and the legal obligations of all parties involved. For assistance with drafting clear and effective contracts, you may want to explore resources from DLA Piper.

Contract 52

Contract Construction Documentation Project Management 52

Green Building Law Update

DECEMBER 3, 2017

It is the unsophisticated who will encounter legal issues and be left holding the bag. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. That Agreement and more should be part of every contract of sale for a LEED project.

Green 120

Green Risk Claims Drafting 120

Green Building Law Update

NOVEMBER 5, 2017

Legal scholars can have at it. 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.

Green 120

Green Contract Documentation Claims 120

Best Practices Construction Law

JUNE 12, 2015

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.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

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.

Agreement 48

Agreement Change Orders Drafting Tennessee 48

Autodesk Construction Cloud

NOVEMBER 15, 2021

For this reason, construction professionals must find better ways to craft and negotiate agreements. The shifting of risk and liabilities is a very common practice when drafting contracts. First, there’s the prime contract, which is the agreement that sets the terms between the owner and GC. Make sense of your contracts.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

Construction Law Monitor

MARCH 9, 2012

Construction contract defined : Construction Contract: A legal document which specifies the details of a construction project. Properly written ADR clauses and indemnity clauses can save a contractor thousands in legal fees and court/administrative costs. In these current times, form documents and oral agreements are unacceptable.

Contract 69

Contract Construction Agreement Legal 69

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. The statute expressly states that: A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

Tennessee 48

Tennessee Change Orders Contractors iPad 48

Construction Law Monitor

AUGUST 24, 2012

I recently found a good article on JDSupra.com , always a great source for solid legal content, regarding California Senate Bill 474. This new Bill, allows for subs to enter into subcontract agreements with general contractors and then after-the-fact afford the sub protections because the general contractor had a well written contract.

California 54

California Subcontracting Contract Legal 54

CivilJungle

NOVEMBER 8, 2022

Based on the language in the offer suggestion, the construction business creates tender offers for registration, and if it receives an official administrator agreement will make. Mainly it is survey evidence proof and legal effects. Tender legal paper cost. Tendering Meaning in Construction. Negotiation Tender.

Negotiation 52

Negotiation Bidding Construction Contract 52

Levelset

JUNE 29, 2022

Many subcontract agreements include a clause that states the subcontractor is responsible for compliance with OSHA regulations and other safety measures. A decent subcontract is drafted so that the subcontractor is responsible for complying with OSHA regulations as it affects your scope of work and your people,” says Lindborg. “So

OSHA 52

OSHA Inspections Construction Safety 52

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. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement.

Virginia 48

Virginia Texas Construction Subcontracting 48

Constructlaw

MAY 3, 2023

Industry-specific legal concepts. Many construction agreements involving US-based projects use arbitration to resolve disputes instead of state or federal court litigation primarily because of the flexibility, cost-effectiveness, and control that arbitration affords the parties. Voluminous evidence and documents. Multiple parties.

Construction 52

Construction Claims Contractors US 52

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 (.

Green 156

Green Maryland Certification Site 156

Construction Law Monitor

MARCH 28, 2011

What’s great about her post is that it discusses a very legal topic – construction contracts – from the perspective of someone in the business. For example, you will likely talk through an agreement pertaining to the price for labor as well as set deadlines for certain aspects of construction to be complete.

Contract 50

Contract Legal Construction Documentation 50

Best Practices Construction Law

APRIL 8, 2013

The dispute relates to a subcontract agreement on a construction project located on Fort Hood in Texas. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement. 2012) cert.

Virginia 48

Virginia Texas Subcontracting Construction 48

Constructlaw

JULY 13, 2021

This is critically important in cases where the arbitration agreement selects the AAA without designating which of the various AAA arbitration rules the parties intended to apply (eg, the Commercial Arbitration Rules, Construction Arbitration Rules).

Construction 52

Construction Agreement Claims US 52

Construction Marketing Ideas

DECEMBER 20, 2012

In my opinion, the best “employees” are not actually employees (both in the legal and practical sense). The employee doesn’t need a lawyer to file a complaint; the employer faces tens of thousands of dollars in legal bills to defend — let alone the time and stress. This is a one-sided war. She accepted.

Employment 54

Employment Legal Commissioning Contract 54

Construction Lawyer

MARCH 15, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. « Indemnity Agreement | Main. So dont say we didnt warn you.

AIA 40

AIA Plans Illinois Drafting 40

Green Building Law Update

NOVEMBER 25, 2018

Arising from the 2014 confidential agreement signed by ICC, ASHRAE, the American Institute of Architects, the IES, and the USGBC “to collaborate on the development of future versions of Standard 189.1, The previous versions of the IgCC were developed utilizing ICC’s Code Development Process as part of the ICC Family of Codes.

Green 136

Green Certification Site Sustainability 136

Contractor Magazine

JULY 27, 2012

IAPMO and ASSE are now working together to draft a legally binding document for the transition. In February of 2011, IAPMO and ASSE signed a copyright agreement to jointly develop and market Professional Qualification Standards under the ASSE/ANSI accredited standards development process. 17, in Philadelphia. Email: (optional).

Contractors 48

Contractors Charlotte District of Columbia Los Angeles 48

Construction Lawyer

NOVEMBER 8, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. All references to "Sabo & Zahn" refer to Sabo & Zahn LLC.

AIA 40

AIA Documentation Illinois Chicago 40

Construction Marketing

JANUARY 31, 2019

What follows next is a fierce legal battle that puts both the contractor and the investor on the losing end. Having a gentleman’s agreement is the worst mistake you could ever make. The advantage of having a binding agreement is that it can be referred to during construction dispute resolution process. Put It in Writing.

Agreement 121

Agreement Construction Documentation Risk 121

Building Information Management

SEPTEMBER 23, 2015

Experience reveals key players are CE, contracting, legal, and other affected functional areas. The level of architectural/drafting support performed by the contractor (not to be interpreted to mean A-E services); 3.5.3.1.6. Acquisition Planning. SABER Working Group. Team responsibilities include: 3.5.1.1.1. 3.5.3.1.7.

Engineering 40

Engineering Negotiation Contract Estimating 40

Construction Lawyer

JUNE 13, 2005

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. All references to "Sabo & Zahn" refer to Sabo & Zahn LLC.

Illinois 40

Illinois AIA Chicago Documentation 40

Construction Test

MAY 19, 2020

The Wall Street bank was initially drafted in to handle a possible bailout of Virgin Atlantic, but has been awarded a broader mandate covering the entire sector. . This is part of a wider agreement with European governments to keep flight links open for emergency reasons. . Consumer group Which?

Travel 26

Travel Claims Deals Airports 26