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

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

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

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

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. Now, buoyed by a brisk recovery in the U.S.

Tennessee 53

Tennessee Union South Carolina Alabama 53

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 Cost Estimating

MAY 21, 2018

Negotiated tendering Serial - Nominative Open tender: Open tendering is the primary tendering procedures which are implemented by both the government and private sector. Client will acquire the bargain possible. Types of tendering: a. Competitive tendering Open - Selective b. It facilitates the tender list to be created neutrally.

Bidding 40

Bidding Construction Bargains Contractors 40

Constructlaw

NOVEMBER 24, 2020

Although the parties have tried to resolve their disputes through negotiation and even mediation, they have not been able to reach an acceptable settlement. 7] In doing so, there is a risk that a dispute board could deny a party the benefit of their bargain by ignoring specific contractual terms.

Construction 40

Construction Contract Modeling Cash Flow 40

Buisness Facilities Contributed Content

MAY 5, 2016

Real estate bargains are still important and can balance an uneven playing field, but no discount or incentive can cure a talent wasteland. The company also has a KC-10 logistic contract. What puts a location on the shortlist for a major investment or relocation?

Industrial 40

Industrial Airports Louisiana Florida 40

Construction Enquirer

JULY 5, 2023

Electrical Contractors’ Association chief negotiator Andrew Hutchins said: “The last few years have been difficult, and it is beneficial to have some certainty at a time when the wider economy is unpredictable. The two-year deal for the industry also includes a 5% uptick in rates from 2025.

Agreement 74

Agreement Electrical Deals Bargains 74

Green Building Law Update

DECEMBER 27, 2017

The employer opts out of certain services with one vendor and contracts another to deliver the previously opted-out services. Collective Bargaining: One or more unions meeting with representatives from an organization to negotiate labor contracts. vision care, mental health/psychological services, or prescription drugs).

Employment 247

Employment Compensation Insurance Discrimination 247

Levelset

FEBRUARY 21, 2022

This could affect $262 billion in federal government construction contracting as well as nearly 200,000 workers on federal construction contracts. A project labor agreement, or PLA, is a prehire collective bargaining agreement that sets the wages and benefits for all workers on a project. What is a project labor agreement?

Agreement 52

Agreement Contractors Union Bargains 52

Business Facilities

DECEMBER 11, 2013

In recent weeks, a leading contender for next year’s honors has roared into view: aircraft giant Boeing got everybody’s attention when they put out an RFP for a contract to build their new 777X, a passenger jet that’s expected to be Boeing’s flagship offering throughout the 2020s.

Deals 47

Deals South Carolina Union Washington 47