Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. The parties ultimately reached a settlement agreement regarding these claims. While these appeals were pending but before the execution of the settlement agreement, T.H.R. Enterprises, Inc. ,

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Agreement Claims Contract United States 52

Construction Dive

JULY 23, 2014

The designer’s responsibilities – and liabilities – are to the owner. Liability in negligence to non-contracting parties would upset this carefully negotiated balance. A contractor “must look to its agreement with the owner for damages if the project is not as represented.” ” Read more.

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Drawings Contractors Design Liability 65

Construction Law Monitor

AUGUST 9, 2011

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Brennan’s The Construction Contracts Book.

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Agreement Contract Insurance Construction 57

Levelset

SEPTEMBER 6, 2022

In short, an additional insured is typically another business entity or person who can be added to your business policy, securing the same liability protection that you do. An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. What is an additional insured?

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Insurance Liability Construction Contract 52

Constructlaw

FEBRUARY 21, 2023

The court of appeals noted that the Supreme Court has long held a “liberal federal policy favoring arbitration agreements.” Since ISC’s liability for Lunda’s costs was stricken from the contract, the contract arguably did not address the matter, obliging the arbitrator to apply Rule R-48 to fill in the gap.

Iowa 52

Iowa Contract Agreement Mississippi 52

Autodesk Construction Cloud

SEPTEMBER 1, 2022

The construction industry uses different kinds of agreements depending on the project’s scope, delivery, schedule, budget, and the parties involved. A construction contract agreement gets everyone involved in a project on the same page. . These agreements limit the cost-risk for the customer. If only it were that simple.

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Contract Maine Construction Agreement 98

Job Order Contracting

FEBRUARY 20, 2023

2) The SOW must be updated before issuing the order to reflect the negotiated agreement’s details and to include significant quantities, methods of construction, quality levels, and the number of days to complete the work. (c) (b) Statement of work. (1) c) Limitations. (1) d) Distribution. c) Authorization and limitations. (1)

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Contract Office Negotiation Documentation 227

Job Order Contracting

NOVEMBER 7, 2017

d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e., This proposal is subsequently evaluated, and agreement is reached on quantities, time, performance period, etc., through discussions and negotiations. d) Negotiations. (1)

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Contract Management Negotiation Estimating 100

Best Practices Construction Law

SEPTEMBER 5, 2018

The appellate court reversed, finding that the owner-contractor agreement did not insulate the architect from liability. More importantly, it is always advisable to think about and negotiate key provisions at the start of the project, rather than litigating the meaning of the provision during a dispute after the project is complete.

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Claims Miami Contract Liability 54

Job Order Contracting

MARCH 29, 2017

d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e., This proposal is subsequently evaluated, and agreement is reached on quantities, time, performance period, etc., through discussions and negotiations. d) Negotiations. (1)

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Contract Office Negotiation Procurement 100

NH Construction Law

FEBRUARY 27, 2021

This clause was in the parties’ agreement: TERMINATION FOR CONVENIENCE: The General Contractor may terminate the Contract for convenience upon three (3) days prior written notice. ” Summary judgment was entered for the painting subcontractor on liability, leaving for another day the issue of damages.

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Contract Subcontracting Deals Bidding 40

Constructlaw

JUNE 17, 2022

The court first articulated the principle underlying the Economic Loss Doctrine: “[C]ontracting parties should be held to the ‘terms of their bargain’ and should ‘confidently allocate risks and costs … without fear that unanticipated liability may arise in the future.” No individual contract set out all the terms for sale of the joists.

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Colorado Tennessee Claims Contract 52

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

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Contractors Bargains New Hampshire Contract 40

Contractor Connection

JUNE 22, 2017

A contract protects you, your budget, and your property, so make sure to consider the following as you negotiate your agreement: Licensing. Find out what the proper amount of liability insurance is for your area, and be sure that any contractor you hire has that coverage. Scheduling.

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Contract Remodeling Insurance Schedule 72

Building Information Management

JUNE 6, 2016

Receive specific and ongoing training and orientation with respect topolicy and procedures for operation of JOC, including authority, limitations and responsibilities, to include ethics, conflict of interest, and potential liabilities.

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Contract Plans Estimating Contractors 40

PSMJ Resources

JULY 10, 2013

When negotiating a contract, insert as many of the following terms into the contract as possible: 1. It''s a good negotiating tactic to ask for money up front. In addition to normal reimbursables, ask for reimbursement for items such as liability insurance premiums, computer time, and messenger services.

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Profitability Contract Negotiation Debt 43

Levelset

OCTOBER 31, 2022

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund,” covers improper disposal or intent to dispose of hazardous waste. View the list of chemicals subject to CERCLA here. Under 42 U.S.C.

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Regulation Contractors Permits Construction 52

Construction Lawyer

APRIL 3, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Liquidation Agreement did not supercede agreement to arbitrate. However, the parties were unable to reach an agreement.

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Claims Agreement Illinois Subcontracting 40

Revit OpEd

DECEMBER 22, 2017

On December 15, 2017, Congressional Leaders announced that the conferees appointed by both the House and the Senate reached an agreement to reconcile differences between the House’s version of the Tax Cuts and Jobs Act (the “House Bill”) with the Senate’s version of the Tax Cuts and Jobs Act and unveiled the text of a final bill (the “Tax Bill”).

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Employment Compensation Agreement Income 85

Building Information Management

APRIL 25, 2016

d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e., This proposal is subsequently evaluated, and agreement is reached on quantities, time, performance period, etc., through discussions and negotiations. d) Negotiations. (1)

Contract 40

Contract Negotiation Office Estimating 40

Buisness Facilities Contributed Content

MARCH 9, 2016

The credit can offset up to 100% of income or license tax liability and the credit may not exceed $500,000 in any one tax year. A negotiated FILOT could lower the assessment ratio from 10.5% The credit can be used to offset up to 100% of income tax liability and any unused credits may be carried forward for 10 years.

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South Carolina Income Liability Leases 40

Construction Lawyer

MAY 2, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.  It also argued that the arbitration agreement was unconscionable. Unlimited liability for designers and contractors. Categories.

Contract 40

Contract Illinois Legal Construction 40

Construction Lawyer

MAY 13, 2009

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Having a knowledgeable attorney involved in the contract negotiations can be very helpful. Unlimited liability for designers and contractors.

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Risk Design Illinois AIA 40

Contractor Bookkeeping

JUNE 15, 2012

General Liability and Auto/rental equipment insurance can help protect you and your company against claims for personal injury and property damage, and may provide you with legal defense of those claims. No work should ever be performed based on verbal agreements. Put Money In And Take Money Out - Of your business is O.K.

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Contractors Insurance Claims Lien 48

Contractor Bookkeeping

JUNE 20, 2014

General Liability and Auto/rental equipment insurance can help protect you and your company against claims for personal injury and property damage, and may provide you with legal defense of those claims. No work should ever be performed based on verbal agreements. Put Money In And Take Money Out - Of your business is O.K.

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Insurance Construction Claims Accounting 48

Contractor Bookkeeping

JANUARY 2, 2015

General Liability and Auto/rental equipment insurance can help protect you and your company against claims for personal injury and property damage, and may provide you with legal defense of those claims. No work should ever be performed based on verbal agreements. Understand When A Transaction Is Income - And when it is not income.

Construction 48

Construction Insurance Accounting Claims 48

Autodesk Construction Cloud

OCTOBER 21, 2022

Contract negotiation and formation. Once the owner selects a bid, they’ll move on to the contract negotiation and formation stage. Here, the owner and contractors would come up with an agreement and produce a formal document outlining the terms of the project. .

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Bidding Construction Contractors Contract 52

Buisness Facilities Contributed Content

APRIL 15, 2014

If a business entity invests in a qualifying project that meets certain requirements and is approved by the Alabama Department of Revenue, and maintains minimum annual requirements, the company may receive an annual credit against its income tax liability generated from the qualifying project.

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Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

It is a credit of five percent of the capital costs of a qualifying project, to be applied to the Alabama income tax liability or financial institution excise tax generated by the project income, each year for 20 years. The credit is 20 percent of the actual costs limited to the employer’s income tax liability.

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Income Finance Zoning Equipment 75

Job Order Contracting

JANUARY 5, 2017

Make certain that the roles, responsibilities, tools, requirements and liabilities associated with the JOC are specified in appropriate detail. Owner/Contractor negotiations and/or changes as needed. Here are a just a few things contractors should know about job order contracts. Owner review of contractor proposal.

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Contract Contractors Consulting Software 100

Construction Cost Estimating

JULY 1, 2014

It is used to organize the finances of the entity and to segregate expenditures, revenue, assets and liabilities in order to give interested parties a better understanding of the financial health of the entity. City cost index - see: Location cost index. RSMeans publishes a city cost index table.

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Estimating Construction Products Overhead 45

Building Information Management

MARCH 10, 2017

Make certain that the roles, responsibilities, tools, requirements and liabilities associated with the JOC are specified. Owner/Contractor negotiations and/or changes as needed. Not all Job Order Contracts (JOC) are not the same. Carefully review all of the Job Order Contract and all associated documents. Project start and execution.

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Contract Consulting Estimating Software 40

Buisness Facilities Contributed Content

MARCH 8, 2016

A credit allowed to a corporation included in a consolidated North Dakota income tax return may be used to reduce the aggregate tax liability of all corporations included in the return. The taxable value is calculated at 1.5%

North Dakota 40

North Dakota Income Finance Equipment 40

Buisness Facilities Contributed Content

APRIL 18, 2013

The first, announced in 2012, is ConAgra’s new facility and research agreement. The local economic development office for Rochester, NH led the Recruitment Team for the project, and persevered during a two year selection and negotiation process, managing a complex package of deliverables.

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El Paso Indianapolis Zoning New Jersey 106