HardHatChat

JUNE 23, 2015

For one recent bid, the client was ready to award us the project, but wanted to lock in the contract using an estimated allowance as the final price. If it’s clear the potential client is looking for a bargain price by opening the bid to a large number of commercial general contractors, we might choose not to participate.

Commercial 120

Commercial Contractors Bidding Negotiation 120

Constructlaw

JANUARY 18, 2023

Hanuman Chalisa LLC (owner) contracted BoMar Contracting, Inc. The contract consisted of the AIA A101-2007 and AIA A201-2007. The parties disputed whether the owner terminated the contract “for cause” or “for convenience.”. Courts are permitted to interpret a contract so as to not create a “ manifest absurdity.”.

Ohio 52

Ohio Contract Overhead Profitability 52

Construction Dive

FEBRUARY 21, 2013

Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract. Sometimes, however, parties knowingly contract with the unlicensed. Sometimes, however, parties knowingly contract with the unlicensed. What of the parties who do business with unlicensed contractors?

Contractors 63

Contractors Bargains Subcontracting Claims 63

Pro Builder

AUGUST 18, 2021

They also may need to consider whether their workforce consists of those who are at a particular risk for contracting COVID-19 or experiencing serious symptoms, such as older workers or those with known health conditions. Read More. .

Employment 98

Employment Bargains Agreement Indiana 98

Constructlaw

SEPTEMBER 29, 2020

New Jersey Building Laborers Statewide Benefits Funds , [1] the Third Circuit held that the courts must decide questions of arbitrability in cases where a party challenges the validity of the underlying contract that contains the arbitration agreement — even when the putative arbitration agreement refers these questions to the arbitrators.

Agreement 52

Agreement Bargains New Jersey Contract 52

Carol Hagen

SEPTEMBER 8, 2009

It may create more silos and IT governance headaches than you bargained for. What SharePoint does best is collaboration when dealing with “working” documents like construction contract negotiations.

Documentation 111

Documentation Bargains Management Negotiation 111

Construction Equipment

AUGUST 21, 2017

A full week after union drivers at CalPortland walked off the job and other Local 174 Teamsters in the sand and gravel industry prepared to do the same, all are now back to work after a deal was reached between the union and the five companies involved in bargaining. Above: Local 174 celebrates new contract

Deals 51

Deals Bargains Union Concrete 51

Constructlaw

JULY 12, 2022

Days later, 360 filed suit for specific performance; breach of contract resulting in at least $1 million in damages, including damage to its reputation with investors; and undue enrichment for the rezoning, approximately $1.5 DonRob counterclaimed for breach of contract. million in Site improvements and other work.

Contract 52

Contract Liability Agreement Georgia 52

Construction Dive

APRIL 2, 2014

Paying the rates set forth in a union collective bargaining agreement does not necessarily ensure compliance with the prevailing wage rate under the federal Davis-Bacon Act. This is one of the key points that Littler Mendelson P.C.’s

Bargains 48

Bargains Union Agreement Resource 48

Pro Builder

AUGUST 17, 2022

A more balanced market is putting buyers back into the driver's seat, and those who can still afford home purchases are backing out of deals and capitalizing on their bargaining power. of all homes that went under contract that month. Around 63,000 home-purchase agreements were called off in July, a share equal to 16.1%

Negotiation 52

Negotiation Bargains Jacksonville Agreement 52

Best Practices Construction Law

MAY 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?

Risk 69

Risk Materials Contract Contractors 69

Construction Dive

MAY 29, 2013

The project owner, at its discretion, may terminate the project at any time without breaching the contract. This sounds like a balanced bargain, yet contractors have long complained about the process. The owner is not liable for the contractor’s anticipated profit on the unperformed work.

Bargains 48

Bargains Claims Profitability Contractors 48

Constructlaw

JUNE 17, 2022

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.

Colorado 52

Colorado Tennessee Claims Contract 52

Constructlaw

JULY 6, 2020

The United States Civilian Board of Contract Appeals (the “Board”) recently issued a decision that may be particularly pertinent in light of the COVID-19 pandemic. 2 The contract included all necessary labor, materials, equipment, and services. 2 The contract included all necessary labor, materials, equipment, and services.

Claims 52

Claims Contract United States Site 52

Construction Lawyer

JUNE 13, 2013

But “the task of an arbitrator,” we stated, “is to interpret and enforce a contract, not to make public policy.” In Stolt-Nielsen, the arbitrators did not construe the parties’ contract, and did not identify any agreement authorizing class proceedings. arbitration contracts litigation news' Enterprise Wheel, 363 U.

Agreement 40

Agreement Contract Permits Bargains 40

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.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

NH Construction Law

FEBRUARY 27, 2021

In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. The jilted sub sued for breach of contract and breach of the Consumer Protection Act. Ambrose Development, LLC , No.

Contract 40

Contract Subcontracting Deals Bidding 40

NH Construction Law

AUGUST 13, 2020

In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach). In Mentis Sciences, Inc. 3d 799, 808, 11 N.E.3d

Profitability 40

Profitability Contract Liability Bargains 40

Buisness Facilities Contributed Content

OCTOBER 16, 2013

The UAW, in decline for decades as foreign automakers populated the South with non-union plants, kept itself alive during the Recession by agreeing to a contract that pays its newer members $15 per hour. This steep cutback in wages–veteran UAW members earn $28/hr–helped make U.S.

Tennessee 53

Tennessee Union South Carolina Alabama 53

NH Construction Law

SEPTEMBER 28, 2021

Many construction contracts and subcontracts provide for arbitration of disputes. To be enforceable, contracts require “consideration,” a bargained-for exchange of value or promises of value on both sides. Some of them give just one of the parties an option to require arbitration. See DiMercurio v. Ancel, Inc.

Agreement 40

Agreement New Hampshire Subcontracting United States 40

NH Construction Law

MARCH 26, 2023

The problem is not solved by prime contract provisions requiring a general contractor to promptly clear any lower tier mechanic’s liens or face having payments withheld. The parties were free to bargain for “no lien” subcontracts, essentially waiving the right to a mechanic’s lien up front; Duke/Fluor Daniel v.

Lien 40

Lien Subcontracting New Hampshire Bargains 40

Construction Lawyer

MAY 13, 2013

Because the architect has no contract with the bank, neither the bank nor the architect can force the other to do anything if there is no agreement. This gives the architect substantial bargaining power. contracts general'

Banking 45

Banking Agreement Bankruptcy Bargains 45

Contractor Bookkeeping

JUNE 5, 2013

Same is in Contraction Accounting a non-professional may not be as helpful to the end result no matter how well intentioned based on their skill level. Quote from homeowner who after an agreement was reached, contracts signed, deposit made before final payment tried one more time to re-negotiate the price.

Accounting 49

Accounting Inventory Construction Software 49

Construction Marketing Ideas

AUGUST 4, 2012

Nick has 100 per cent fulfilled his side of the bargain, but if you look at cnrgp.com today you’ll see gibberish, Greek, and quite a mess of fonts and graphics. Why not offer him a contract to work on our websites while finding advertisers for them? Then, my thick brain clicked into action. He said yes.

Deals 63

Deals Consulting Construction Site 63

Construction Lawyer

AUGUST 5, 2005

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Termination of contract bars arbitration » August 05, 2005. « Email -- Be careful what you write | Main. California: No contractual jury waiver.

California 40

California Illinois AIA Chicago 40

NH Construction Law

MAY 24, 2022

.” Noting that “[o]utside the arbitration context, a federal court assessing waiver does not generally ask about prejudice,” Morgan ruled that “a court must hold a party to its arbitration contract just as the court would to any other kind. But a court may not devise novel rules to favor arbitration over litigation.

New Hampshire 40

New Hampshire Agreement Bargains Lien 40

Contractor Bookkeeping

JUNE 19, 2013

The object is to do more of the “Profitable Ones” and less of the “Bargain Tuesday Unprofitable” jobs. We understand the different phases of construction contracting; New Construction, Remodel or Service Work and each type of contracting may have difference needs related to W.I.P. Change Orders are a huge source of new profit.

Profitability 50

Profitability Cash Flow Accounting Construction 50

Construction Marketing Ideas

SEPTEMBER 15, 2012

Clients know a bargain when they see it. Worse, with little experience, you’ll make mistakes, bad hires and contract selection and so on. Stage 2 — Word-of-mouth and repeat build up. Now, your internal brand has proven its value. They tell friends and relatives, and they call you for more services.

Overhead 54

Overhead US Bargains Contractors 54

Construction Marketing Ideas

OCTOBER 4, 2012

A glaring, yet wonderful, example: the Ottawa Renovates magazine contract. If you want to appear cheap, you may discover people think they are getting a bargain by using you. But there is something else here — the dubious quality of the other companies’ roofing estimates. Here, you will discover many contradictions.

Documentation 63

Documentation Bidding Estimating Contractors 63

NH Construction Law

MAY 28, 2018

But hey, who ever said that general contracting was risk-free? Bottom line: There is no foolproof protection short of a payment bond, which adds a layer of expense that could narrow the field of available subcontractors.

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Construction Cost Estimating

MAY 21, 2018

Client will acquire the bargain possible. The tender list becomes lengthy because too many contractors submit their tender for one job. It facilitates the tender list to be created neutrally. No favor should be provided for choosing any contractor. Wasteful application of source.

Bidding 40

Bidding Construction Bargains Contractors 40

Constructlaw

NOVEMBER 24, 2020

“Dispute board” is a generic term that describes a panel of three independent and impartial individuals such as lawyers, engineers, and other experts who are selected by the contracting parties to resolve project-level disputes before the commencement of more formal dispute resolution processes such as arbitration or litigation. [2]

Construction 40

Construction Contract Modeling Cash Flow 40

Job Order Contracting

JULY 12, 2018

Many collective bargaining contract agreements and pension plans, for example, tie compensation changes to the Consumer Price Index before adjustment for seasonal variation. The unadjusted data are of primary interest to consumers concerned about the prices they actually pay.

Estimating 100

Estimating Retail Statistics Electrical 100

The Korte Company

MAY 5, 2020

Even if construction is completed ahead of time, owners aren’t likely to rush into a new space in violation of collective bargaining agreements. By unifying the design and construction aspects of a project under a single contract, a single team works toward a common agenda—getting the job done. Equipment availability.

Construction 52

Construction Miami Schedule Leases 52

Autodesk Construction Cloud

JUNE 20, 2023

In regards to construction today, the Business Dictionary defines a construction punch list as, “Listing of items requiring immediate attention” and as a “Document listing work that does not conform to contract specifications, usually attached to the certificate of substantial completion.

Construction 52

Construction Software Software Budget 52

Autodesk Construction Cloud

NOVEMBER 7, 2022

In regards to construction today, the Business Dictionary defines a punch list as, “Listing of items requiring immediate attention” and as a “Document listing work that does not conform to contract specifications, usually attached to the certificate of substantial completion.

Construction 52

Construction Software Software Budget 52

Constructor Marketing that Works

APRIL 14, 2010

Suggested: Don’t assume all your buyers are in bargain mode. Hudson Ink offers “packaged marketing solutions” to contractors in HVAC, Plumbing, and Electrical Trades, plus perform custom copywriting for virtually any contracting trade. The cheap guys only talked cheap. Assume they want quality, then go from there.

Contractors 40

Contractors Electrical Roads North Carolina 40