Best Practices Construction Law

SEPTEMBER 29, 2020

Under Mississippi law, despite what the parties may argue was their intent, cashing a check marked “final payment” constitutes an accord-and-satisfaction agreement, which precludes that party from bringing future claims for additional payment. The court disagreed. The “paid in full” principle is not just an old wives’ tale.

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Construction Enquirer

JUNE 29, 2023

Construction unions and contractors have agreed a pay increase from next month of at least 6% for around 500,000 site workers operating under the Construction Industry Joint Council agreement. Unite national officer Jerry Swain said: “Following lengthy negotiations, Unite was able to secure a significant increase in construction pay rates.

Security 127

Security Negotiation Union Agreement 127

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

Business Facilities

APRIL 25, 2017

Industry experts, economic developers and site selectors debated the uncertain future of free trade agreements at Business Facilities' 13th Annual LiveXchange event. Read Global Implications Of Brexit, NAFTA Negotiations Analyzed At LiveXchange on Business Facilities - Area Economic Development, Site Selection & Workforce Solutions.

Negotiation 47

Negotiation Agreement Site Industrial 47

Construction Dive

FEBRUARY 12, 2015

Most often, a disputed change order request or claim for extra costs on a construction project will require one or more negotiation sessions between the contractor and owner to arrive at the final cost and time impact. Negotiation offers the last and best opportunity to settle a dispute without resorting to arbitration or litigations.

Negotiation 48

Negotiation Claims Change Orders Agreement 48

Best Practices Construction Law

MARCH 28, 2013

ConsensusDocs released the new ConsensusDocs 498 Design-Build Teaming Agreement today, which provides a standard contract for parties desiring to form a team for the purpose of submitting a bid on a design-build project. Critical issues such as confidentiality, withdrawal from the team, and document ownership are included.

Agreement 48

Agreement Negotiation Documentation Contract 48

BD+C

SEPTEMBER 17, 2024

Big box tenants often have Reciprocal Easement Agreements (REA) that lock them in place for decades and can create a myriad of problems when it comes time for repositioning. Often these agreements leave the developer powerless to do anything with the big box space, no matter how dated the façade or potholed the parking field.

Retail 98

Retail Agreement Drawings Negotiation 98

Construction Dive

JANUARY 22, 2015

By Bruce Jervis Project Labor Agreements are controversial. These are pre-hire agreements between a general contractor or a construction manager and a designated collective bargaining representative for all labor on the project. What do you think? And, isn’t any negative impact restrictive of competition?

Agreement 48

Agreement Union Bargains Maryland 48

Fieldwire

AUGUST 14, 2023

Retainage is up for negotiation Retainage is not set in stone. It is governed by the contract, which means it’s part of the agreement between two parties. Every contract is negotiable, including what percentage is retained and for how long. It’s up to the contracting parties to agree on the terms that work for both of them.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Best Practices Construction Law

MAY 7, 2014

The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim? Owners often begins negotiations from the opposite end of the spectrum for the same reasons. Do not negotiate against yourself.

Claims 69

Claims Negotiation Bargains Visualization 69

Construction Enquirer

JULY 31, 2023

Engineering construction workers operating under the Blue Book agreement have overwhelmingly rejected contractors’ final wage increase offer. “However, we remain open to meaningful negotiations and believe it is in the interests of all parties to start such talks as soon as possible. ”

Engineering 72

Engineering Union Negotiation Construction 72

Construction Enquirer

JULY 5, 2023

Electricians are set for a 7% wage rise from 2024 after a new pay deal was hammered out by electrical contractors and union Unite under the JIB collective agreement. “This agreement gives us an opportunity to work with Unite on longer-term ambitions to update and modernise the industry to improve skills for a low carbon economy.”

Agreement 74

Agreement Electrical Deals Bargains 74

ENR Construction

APRIL 14, 2021

The Las Vegas City Council has approved a negotiating agreement with a company that wants to build a 19-mile light rail or other high capacity mass transit line along Charleston Boulevard, one of the main east-west arterials in the Las Vegas Valley.

Las Vegas 68

Las Vegas Negotiation Green Agreement 68

ENR Construction

NOVEMBER 17, 2020

House-Senate staff negotiations are continuing, with hopes of an agreement before Dec. 11 deadline.

Negotiation 72

Negotiation Agreement Housing Construction 72

Construction Marketing

MARCH 2, 2023

Help with negotiations This can be difficult, as insurance companies are often reluctant to pay large settlements. An experienced attorney will know how to negotiate with insurance companies and fight for the best possible settlement for you. Not getting a written fee agreement from the lawyer you hire.

Injury 255

Injury Site Defense Compensation 255

ENR Construction

FEBRUARY 18, 2021

Pending state approvals and environmental review, team will negotiate a 50-year agreement to design, build and operate added toll lanes and new Potomac River bridge for busy I-495/I-270 corridor

Maryland 58

Maryland Negotiation Agreement Design 58

Construction Lawyer

MAY 28, 2013

James Zahn discusses the negotiati0n of basic and additional services for architects in their agreements with owners: contracts general videos'

Agreement 40

Agreement Negotiation Contract 40

Job Order Contracting

FEBRUARY 6, 2020

When NPP items are negotiated and incorporated in a task order, this does not incorporate the item in the UPB for subsequent use as a priced item. Only the contracting officer can negotiate/approve non pre-priced item(s) in the task order. The government is responsible for developing the scope of work.

Negotiation 151

Negotiation Contract Office Contractors 151

Job Order Contracting

JULY 28, 2021

Among other things, Torres argued: The JOC contract, because it required that job order proposals be submitted after-the-fact, was not an enforceable contract but merely an agreement to negotiate. JOC Contract: Enforceable Contract or Mere Agreement to Negotiate. This is arithmetic, not negotiations.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Contractor Bookkeeping

MAY 5, 2014

Why Sell Service Agreements? Service agreement holders are more likely to be clients that add more value to your construction company because they represent the most loyal segment of your customer base. Every service agreement customer represents a future work. Every service agreement customer represents a future work.

Cash Flow 48

Cash Flow Agreement Profitability Contractors 48

Construction Business Owner

APRIL 1, 2013

As P3 projects have become more popular, state legislatures have enacted legislation giving states and localities increasing latitude to negotiate P3 agreements, including more “vertical” construction projects.

Negotiation 120

Negotiation Agreement Finance Modeling 120

Constructlaw

JULY 12, 2022

(collectively DonRob) agreed to sell, and 360 Residential LLC, 360 Sugar Hill LLC, and 360 Capital Company LLC, (collectively 360) agreed to purchase 12 acres (Site) of a 37-acre parcel of property in Sugar Hill, GA (the Agreement). Between the Agreement date and the scheduled closing date, the parties’ relationship deteriorated.

Contract 52

Contract Liability Agreement Georgia 52

Pro Builder

JULY 12, 2022

Prospective buyers burdened by soaring interest rates and high inflation are putting their dreams of homeownership on hold, and a slowing market is also giving buyers more time to make purchases and more room to negotiate.

Deals 98

Deals Negotiation Agreement Contract 98

Construction Equipment

SEPTEMBER 4, 2018

The final sale agreement is in the negotiation process, expected to be finalized in early 2019. Caterpillar will begin selling its purpose-built forestry business to Weiler, Inc. The proposed sale includes the purpose-built forestry product line of wheel skidders, track feller bunchers, wheel…

Negotiation 48

Negotiation Agreement Products 48

Construction Enquirer

AUGUST 9, 2023

Finch added: “This enhanced review and oversight of site costs is being complemented where possible by the expanded use of procurement framework agreements and frequent supplier negotiations to reduce the impact from build cost inflation and capture any pricing opportunities as soon as possible.”

Work in Progress 97

Work in Progress Profitability Overhead Negotiation 97

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.

Agreement 57

Agreement Contract Insurance Construction 57

Autodesk Construction Cloud

NOVEMBER 15, 2021

For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities. First, there’s the prime contract, which is the agreement that sets the terms between the owner and GC.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Wolgast Corporation

APRIL 25, 2022

If there aren’t already those permissions included, then lease hold improvements can be negotiated when you renew your lease. From there, the landlord and tenant enter into a construction agreement with the allowance and cost pre-determined. There are other ways to negotiate a lease hold improvement.

Leases 62

Leases Remodeling Negotiation Office 62

Lean Construction

MAY 27, 2020

A recently completed research report studies ten projects that all used multiparty agreements and Lean practices. IPD is sometimes seen as onerous and complex because it demands that owners and project teams negotiate contract terms such as the shared risk/reward pool and terms of fiscal transparency. The conclusion?

Negotiation 40

Negotiation Agreement Risk Contract 40

Construction Enquirer

JULY 9, 2023

A master agreement has been negotiated during the procurement process, which includes establishing a joint project board that meets quarterly, and the partnership will now formulate more detailed strategies and business plans for sites in the town centre, expected to take around six months.

Site 70

Site Negotiation Plans Procurement 70

Building Radar

JULY 24, 2024

Methods of Dispute Resolution Negotiation Negotiation is often the first step in resolving disputes. It involves direct discussions between the parties to reach a mutually acceptable agreement. Negotiation can be a quick and cost-effective way to resolve disputes without involving third parties.

Construction 52

Construction Liability Negotiation Contract 52

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. ,

Agreement 52

Agreement Claims Contract United States 52

Construction Equipment

JANUARY 31, 2017

According to the Associated Press, Adelson took back his pledged $650 million due to the lease agreement negotiated between the Raiders and the Clark County Stadium Authority. The proposed lease agreement presented Monday would have the Raiders pay just $1 a year for 30 years to rent the 65,000 seat facility.

Las Vegas 48

Las Vegas Oakland Deals Leases 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. Businesses looking to negotiate this rocky terrain have a valuable tool at their command: restrictive covenants.

Employment 98

Employment Agreement New York City Resource 98

Job Order Contracting

JANUARY 5, 2017

This course teaches students strategies and procedures for technical discussion and negotiation with contractors in the JOC task order process. The underlying themes through all the modules of the course emphasize a cooperative working agreement between contractor and government; efficient and timely processing and completion of.

Contract 100

Contract Negotiation Office Agreement 100

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