Job Order Contracting

JANUARY 28, 2020

Collaborative behavior is somewhat foreign within an industry segments known for mistrust, antagonistic relationships and legal disputes. Additionally a certain level of owner leadership and competency is a core requirement. That said, there is little overtly complex about LEAN collaborative methods.

Procurement 207

Procurement Construction Life Cycle Renovating 207

Green Building Law Update

AUGUST 16, 2020

That language accomplishes next to nothing for the seller or buyer and may only serve to mitigate risk for the real estate brokers. You understand and agree that this is a lease and not a sale agreement. The Company owns the solar panel system for all purposes. Selling a house with solar panels is fraught with peril.

Housing 207

Housing Leases Residential Agreement 207

Building Radar

AUGUST 13, 2024

Contract law is a fundamental aspect of construction projects, ensuring that all parties involved have clear, enforceable agreements. Understanding the key legal considerations in construction contracts can help prevent disputes, manage risks, and ensure successful project completion.

Legal 52

Legal Contract Change Orders Construction 52

Construction Law Monitor

OCTOBER 13, 2010

The unavoidable marriage between the green and construction industries is why our construction law practice has paid very close attention to green legal issues. The first ever conference focusing on the green industry’s legal issues is taking place this week in New Orleans, LA, Green Legal Matters.

Legal 58

Legal Green Conference Louisiana 58

Construction Marketing

JANUARY 25, 2023

This can be done through a purchase or lease agreement. The success of a commercial real estate development project depends on many factors, including the ability to secure financing, navigate the legal process, and manage risks. Commercial real estate development also involves a significant amount of risk management.

Commercial 228

Commercial Leases Regulation Finance 228

Building Radar

AUGUST 6, 2024

Procurement risk management is a critical aspect of construction project management, ensuring that projects are completed on time, within budget, and to the required quality standards. Effective risk management strategies can help mitigate potential issues that may arise during the procurement process.

Procurement 52

Procurement Risk Management Construction 52

Best Practices Construction Law

SEPTEMBER 29, 2020

But I have never really thought about that legal principle because, “People don’t really do that, do they?”. Depending on your state’s law, if you negotiate a check that is marked “paid in full” or even “final payment” then you are risking the fact that you may be settling any claims you have. In Triangle Construction Co.

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Pro Builder

AUGUST 18, 2021

But recent court decisions have provided legal support, Blue added, including one ruling upholding a Texas hospital's mandate. Workers who are part of a union may be subject to an employment agreement or collective bargaining agreement that impacts the situation, Conrad Kennedy said. Equal Employment Opportunity Commission.

Employment 98

Employment Bargains Agreement Indiana 98

Best Practices Construction Law

MAY 3, 2017

In construction, there should be a written contract to transfer the risk when you are stuck between a rock and a hard place. Perhaps “inefficient risk transfer” (alluded to by the authors) comes when parties try to transfer risk opposite or beyond what the law addresses.

Risk 48

Risk Contract Construction Legal 48

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

Construction Lawyer

MAY 13, 2009

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. In other words, you use the stuff we post here at your own risk. A Legally Inclined Weblog. >.

Risk 40

Risk Design Illinois AIA 40

Construction Law Monitor

MAY 14, 2014

Although the names are similar the legal implications are significantly different. Lastly, its a directive given by the owner when time and/or cost are not in agreement. Basically this is an order to do something even though there is no agreement as to timing and/or price. Construction Change Directive: Risks and Rewards.

Change Orders 66

Change Orders Construction Documentation Risk 66

Construction Marketing Ideas

MARCH 11, 2016

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

Construction Lawyer

DECEMBER 28, 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. In other words, you use the stuff we post here at your own risk. A Legally Inclined Weblog. >.

Agreement 40

Agreement Illinois AIA Chicago 40

Contractor Connection

FEBRUARY 2, 2025

For carriers, brokers, risk managers and adjusters this is not just a claim, it is a race against time. Seamless coordination for all stakeholders In commercial property restoration, the complexity of claims often arises from the differing priorities of property owners, carriers, brokers and risk managers. 3,000+ U.S.

Commercial 52

Commercial Claims Management Insurance 52

Stok

NOVEMBER 16, 2022

REALISTICALLY PRICE TRANSITION RISK At the moment, capital for the climate transition domestically and in emerging economies is often costlier due to perceived risks in policy uncertainty, technological developments, and less data on rate of returns. Referenced with the EU Taxonomy , any building that is not in line with 1.5

Risk 52

Risk Income Liability Banking 52

Job Order Contracting

JULY 21, 2019

Typically JOC Programs are single year IDIQ ( indefinite delivery/indefinite quantity) agreements with up to four (4) additional option years. Procurement costs, project delivery times, overall construction costs, changes orders, and legal disputes can all be mitigated via properly established and managed JOC Programs.

Contract 138

Contract Management Procurement Change Orders 138

Green Building Law Update

NOVEMBER 5, 2017

Legal scholars can have at it. LEED Certification Agreement has a mandatory arbitration provision. The take away from all of this should be in an effort to manage your risk, pay particular attention to and negotiate the dispute resolution provisions in your contracts. The Supreme Court, in American Express v.

Green 120

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

Job Order Contracting

SEPTEMBER 25, 2017

Risk dependent upon completeness and accuracy of construction documents within a relatively ‘ad hoc’ process. Risk dependent upon completeness and accuracy of construction documents within a relatively ‘ad hoc’ process. Contractor is exclusively responsible for design risk. Legal and professional issues.

Bidding 100

Bidding Construction Documentation Subcontracting 100

Construction Law Monitor

MAY 15, 2014

Although the names are similar the legal implications are significantly different. Lastly, its a directive given by the owner when time and/or cost are not in agreement. Basically this is an order to do something even though there is no agreement as to timing and/or price. Construction Change Directive: Risks and Rewards.

Change Orders 64

Change Orders Construction Documentation Risk 64

Best Practices Construction Law

NOVEMBER 21, 2019

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. In Universal Concrete Products Corp.

Contract 77

Contract Subcontracting Drafting Virginia 77

Job Order Contracting

JULY 29, 2021

High initial set up costs make DB suitable only for major new construction Not a fully collaborative multiparty agreement. Construction Manager at Risk. Construction manager at risk ( CM@R) includes a construction manager who works with the owner and A/E through design and proposals and manages subcontracts to complete the work.

Design 130

Design Bidding Engineering Construction 130

Job Order Contracting

JULY 21, 2019

Typically JOC Programs are single year IDIQ ( indefinite delivery/indefinite quantity) agreements with up to four (4) additional option years. Procurement costs, project delivery times, overall construction costs, changes orders, and legal disputes can all be mitigated via properly established and managed JOC Programs.

Contract 130

Contract Management Procurement Change Orders 130

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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.

Liability 69

Liability Agreement Drafting Insurance 69

Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” Depending on your state’s law, if you negotiate a check that is marked “paid in full” or even “final payment” then you are risking the fact that you may be settling any claims you have.

Claims 83

Claims Mississippi Legal Compensation 83

Best Practices Construction Law

JUNE 15, 2022

shifting the risk of nonpayment … “Payment from the Owner to the Contractor is a condition precedent to payment from the Contractor to the Subcontractor.”). Generally, most states that have addressed the issue allow “pay if paid” clauses so long as there is clear and unambiguous language shifting the risk of non-payment to the subcontractor.

Virginia 118

Virginia Contract Lien Construction 118

Lets Build

MAY 18, 2017

Disputes over insurance agreements can be, for example, one of those reasons. To prevent such construction disputes, it’s important to have analyzed all the potential risk factors in advance. The main difference, in this case, is that the arbitrator has the power to come up with a solution that has legal binding power.

Construction 165

Construction Life Cycle Contract Plans 165

Green Building Law Update

DECEMBER 18, 2016

Responding to client email described as a “sustainability emergency” seeking advice and comment on a revised footnote in a public company annual report, responding to the SEC mandated disclosure of the risk that climate change developments may have on their business, being considered by the board of directors today. 05:00 a.m. [Off

Green 149

Green Drafting Contract Sustainability 149

Building Radar

AUGUST 8, 2024

A mechanic’s lien is a legal claim against a property for unpaid work or materials provided during construction or renovation. Failure to do so can result in legal action, including potential foreclosure. Legal Procedures and Timelines Each state has specific rules regarding the timing and filing of mechanic’s liens.

Lien 52

Lien Legal Security Risk 52

PSMJ Resources

SEPTEMBER 12, 2011

Good Project Management is Good Risk Management. Most risks are foreseeable and responsive to thoughtful project management. • Risk reduction by any means is usually superior to any management scheme. • Clearly written agreements are essential. Managing Risk in Public Works. Breakthough 2012.

Project Management 40

Project Management Risk Resource Management 40

Autodesk Construction Cloud

FEBRUARY 13, 2023

In the UK, the water industry announced its commitment to a carbon zero future by 2030, which is decades before the government’s legally binding target of 2050. There are often various safety requirements and legislative agreements the @One Alliance team must follow. This can also be accompanied by several layers of approvals.

BIM 98

BIM Risk Environment Accounting 98

Best Practices Construction Law

JUNE 27, 2012

I posted about the new technology by ConsensusDOCS that offered around the clock access, easy editing, easy collaboration, ability to convert, compare and track changes, as well as new legal commentary and user guides. B132–2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition.

AIA 48

AIA Contract Agreement Documentation 48

Best Practices Construction Law

JUNE 12, 2015

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. In Universal Concrete Products Corp.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Fieldwire

AUGUST 14, 2023

The practice dates back to the 1840s, dreamed up as a measure to reduce the owner’s risk and ensure that the project is fully completed according to the job specifications. It is governed by the contract, which means it’s part of the agreement between two parties. Retainage is up for negotiation Retainage is not set in stone.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Autodesk Construction Cloud

NOVEMBER 16, 2022

Getting your legal ducks in a row is paramount in construction, which is why it is important to have robust contract management workflows. . Moreover, poor contract workflows make it difficult for legal teams to audit projects, which can introduce all sorts of risks and liabilities. . DocuSign . Dropbox Sign .

Autodesk 105

Autodesk Construction Contract Documentation 105

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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.

Liability 52

Liability Agreement Drafting Insurance 52