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Good Faith and Fair Dealing: The Essence of Construction Agreements

Constructonomics

The aggressive and overzealous use of the contract in order to gain advantage to one party violates the one thing that allows agreements between multiple parties to function and exist – Good Faith And Fair Dealing.

Agreement 219
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Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged

Constructlaw

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.”

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Public Procurement of Construction Services

Job Order Contracting

References: AIA (2007). Without out this, the vast majority of projects, approximately eighty percent or more (80%+) will continue to fail by being late, over budget, or viewed as not being satisfactorily completed by one or more parties. Integrated Project Delivery: A Guide.” Integrated Project Delivery for Public and Private Owners.

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Productive Construction – Traits of Collaboration

Job Order Contracting

References: AIA. AIA Document C195 – 2008, Standard Form Single Purpose Entity Agreement for Integrated Project Delivery, Exhibit D (Work Plan). ConsensusDOCS 300: Standard Tri-Party Agreement for Integrated Project Delivery (IPD). Learn more? contact-form]. AIA California Council. ConsensusDOCS. Constructing Excellence.

Products 205
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Recent Decision Highlights the Potential Pitfalls in General Releases

Federal Construction Contracting Blog

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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Best Value Construction Delivery Methods – Alliance Contracting, LEAN Construction, Integrated Project Delivery

Job Order Contracting

LEAN construction can refer to a “philosophy” (examples: Last Planner, Kaizen, 5s, six sigma…), or a LEAN project delivery methods or LEAN planning, procurement, and project delivery method (integrated project delivery, LEAN job order contracting…). ” – Henry Ford.

Contract 140
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A glossary of terms with reference to Construction Cost Estimating

Construction Cost Estimating

Some refer to these risks as "known-unknowns" because the estimator is aware of them, and based on past experience, can even estimate their probable costs. The estimated costs of the known-unknowns is referred to by cost estimators as cost contingency. RSMeans refers to this as, "Price the quantities."