Best Practices Construction Law

NOVEMBER 26, 2019

In the world of construction claims, according to one court, these same rules apply—it is premature to award damages before the claim has been considered and either approved or rejected. The contractor paid the contract balance to the subcontractor, but the subcontractor filed a motion to confirm the award on the change order work.

Change Orders 62

Change Orders Claims Contract Contractors 62

Construction Dive

APRIL 3, 2013

By Bruce Jervis Construction contracts frequently contain detailed procedures for processing change orders. The contract addresses notification, request for modification, pricing, proposal, review, approval and execution. The change order procedure, which appeared so orderly and logical on paper, falls by the wayside.

Change Orders 53

Change Orders Claims Contract Security 53

Construction Dive

OCTOBER 14, 2012

By Bruce Jervis While change orders are sometimes associated with contractor claims, the majority of change orders are initiated by project owners. Or, the owner may simply change its mind. Regardless of the cause, an owner request for a change order proposal is a cost for the contractor.

Change Orders 48

Change Orders Contract Claims Documentation 48

Best Practices Construction Law

SEPTEMBER 25, 2020

The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

Construction Dive

FEBRUARY 6, 2013

One of the steps that can be taken to minimize claims and disputes in construction projects is to determine early on what the markup will be on all change orders, Bryan Jackson, a partner in the Los Angeles office of Allen Matkins Leck Gamble Mallory & Natsis LLC, told professionals attending a webinar that WPL Publishing held late last month.

Change Orders 48

Change Orders Claims Los Angeles Negotiation 48

Job Order Contracting

FEBRUARY 20, 2018

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. DEFINITIONS. authorization.

Contract 100

Contract Organization Change Orders Overhead 100

Construction Dive

DECEMBER 19, 2012

The bonds incorporate the terms of the construction contract or subcontract by reference. And those contracts authorize alteration through change orders. But what if the surety discovers that the change order process has radically altered the contract it originally agreed to cover? ” Read more.

Change Orders 48

Change Orders Subcontracting Negotiation Contract 48

Best Practices Construction Law

MARCH 2, 2020

2d 190 (2020), the Supreme Court of Nebraska recently reached the same conclusion when it considered whether a particular contract was a cost-plus contract with a guaranteed maximum price or a lump sum contract. The owners argued that the contract was a fixed fee despite the language to the contrary. Vogler , 937 N.W.2d

Contract 71

Contract Documentation AIA Contractors 71

Autodesk Construction Cloud

JANUARY 24, 2023

Cost Management Releases Cost Management | Clear Schedule of Values Evolution within Contract View* Within the contract full page view, users can visualize how each schedule of values (SOV) has evolved throughout the project. With this activated, users can view and access information pertaining to the change order life cycle.

Autodesk 98

Autodesk Products Change Orders Claims 98

Best Practices Construction Law

JUNE 24, 2016

Recently, a court addressed the question about whether a text message can constitute a writing sufficient under the Statute of Frauds to create an enforceable contract. ” Second, claims succeed or fail based upon the documentation. Your claim is a story, and it must be told based upon the contemporaneous records on the project.

Contract 91

Contract Claims Documentation Change Orders 91

Best Practices Construction Law

MARCH 17, 2021

And there are times when parties to a construction contract face a goocher. Khan Comfort, LLC , the Supreme Court of South Dakota held that a missing time element in a construction contract did not invalidate the contract. In other words, the court found that a contract existed—i.e., Here’s what I mean… In J.

Contract 62

Contract South Dakota Documentation Construction 62

Construction Dive

DECEMBER 10, 2015

Government construction contracting represents close to 45% of all U.S. non-residential construction spending, according to a recent review of Bureau of Commerce statistics. Read more.

Contract 48

Contract Change Orders Statistics Claims 48

Best Practices Construction Law

NOVEMBER 4, 2015

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. At this point, determine if contract procedure was followed.

Claims 48

Claims Change Orders Legal Schedule 48

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Economic losses flowing from fraud related to such a contract are not recoverable.

Colorado 52

Colorado Tennessee Claims Contract 52

Constructlaw

MARCH 1, 2022

Bean Sprouts LLC, a Pennsylvania excavator, performed work on military bases in Alabama and California under contracts with LifeCycle Construction Services LLC, a Virginia prime contractor. The parties had repeatedly contracted with one another on out-of-state projects since 2017.

Pennsylvania 52

Pennsylvania Change Orders Contractors Contract 52

Autodesk Construction Cloud

MAY 30, 2023

For example, during construction, if the project experiences an unexpected change in its scope, it is much easier to plug those design changes into a dynamic digital model than to redraw them on paper. If it isn’t addressed ahead of time, contractors might increase their total cost of a contract up front in anticipation of changes.

Change Orders 52

Change Orders Construction Budgeting Budget 52

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Numerous individual claims.

Construction 52

Construction Claims Contractors US 52

Best Practices Construction Law

NOVEMBER 21, 2019

The subcontract between the general contractor and the concrete subcontractor contained the following clause: “The obligation of contractor to make payment under this agreement, whether a progress or final payment, or for extra or change orders or delays to the work, is subject to the express condition precedent of payment from the owner. ”.

Contract 77

Contract Subcontracting Drafting Virginia 77

Levelset

MAY 16, 2022

This Act has a fair amount of rules and requirements that must be followed on home improvement projects, specifically when it comes to the terms of their contracts. There are a few provisions that every construction contract should have. PA home improvement contracts: What’s required? Contract price.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Autodesk Construction Cloud

JANUARY 24, 2023

Cost Management | Clear Schedule of Values Evolution within Contract View* Within the contract full page view, users can visualize how each schedule of values (SOV) has evolved throughout the project. By turning on new columns, users can now easily see the original SOV, change orders, and revised SOV to have a granular view of costs.

Autodesk 111

Autodesk BIM Construction Visualization 111

Construction Law Monitor

OCTOBER 15, 2013

At the start of every construction project you sign a stack of papers that will dictate your success or failure on the project: the construction contract. The contract may be short and sweet, or it may be a mountain of paperwork that not only includes its own provisions but also cites provisions in other paperwork stacks.

Contract 82

Contract Lien Construction Documentation 82

Building Information Management

DECEMBER 23, 2015

There are multiple aspects involved in setting up a JOB ORDER CONTRACT. Far too often, Owners engage in JOC to simply “bypass procurement” versus establishing a JOB ORDER CONTRACT to realize JOC’s significant potential benefits. Sample Listing of Job Order Contracting Contract Documents / Templates.

Contract 40

Contract Certification Documentation Bidding 40

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. The shorter, easier, and more concise a contract is, the better it protects you.

Contractors 98

Contractors Contract Legal Change Orders 98

Construction Law Monitor

MAY 1, 2014

Depending on which side of the table you are sitting at when signing a contract, will determine how the collections process at the end of project will go. Contract terms are key to a successful collection for final payment. Each party to the contract must be crystal clear as to who is to perform what task. Scope of Work.

Contract 56

Contract Louisiana Change Orders United States 56

Construction Law Monitor

NOVEMBER 2, 2011

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.

Contract 56

Contract Change Orders Lien Contractors 56

Autodesk Construction Cloud

JANUARY 19, 2022

With firms managing several projects simultaneously with different budgets, contract requirements, schedules, and scopes it’s challenging to bring increased complexity to cash flow management. . Negotiate better contract terms. You sign a contract too fast to lock in a new job before doing your due diligence.

Cash Flow 59

Cash Flow Management Profitability Change Orders 59

Construction Dive

AUGUST 6, 2015

And, of course, there are questions of causation or responsibility for the various delays.Adding to the complexity of cumulative impact claims are contract clauses requiring prompt written notice of changed or delayed work, along with quantification of increased costs.

Feasibility 48

Feasibility Lien Change Orders Claims 48

Construction Marketing Ideas

FEBRUARY 22, 2015

Craig Martin’s Construction Contract Advisor won the 2014 competition. Craig Martin’s Construction Contract Advisor blog won the 2014 Best Construction Blog competition , and its quality continues to make it a contender in 2015. Contracts and owners are not all alike. Some are fairer than others.

Contract 48

Contract Construction Claims Legal 48

Construction Dive

MARCH 13, 2013

The perception is a reduction in contractor claims and change orders. Claims are possible, however, even on a design-build project. A single source provider is less likely to complain to the owner of errors, omissions or ambiguities in the design documents.

Design 48

Design Claims Contract Procurement 48

Construction Dive

APRIL 9, 2014

.” At the insistence of code enforcement, the public project owner was forced to make a change in the construction contract. The owner sued the architect to recoup the cost of the change order.

Design 54

Design Change Orders Agreement Claims 54

Construction Dive

MARCH 5, 2015

By Bruce Jervis A recent report on a project owner’s ability to reach contract retainage without any formal determination of contractor default prompted considerable comment. Featured …Change Order Dispute Did Not Justify Continued RetainageDeductive Credit Was a Government Claim against Contractor'

Lien 48

Lien Change Orders Claims Deals 48

Cassell Construction Estimating

NOVEMBER 20, 2014

Their original one-year contract term had grown to eighteen months (and counting). With 80+ approved change orders, the contract price had increased by more than fifty per cent. On a recent trip to Hawaii, one of our clients brought a problem to our attention that we’ve heard numerous times before.

Schedule 100

Schedule Hawaii Alaska Change Orders 100

Best Practices Construction Law

SEPTEMBER 4, 2014

My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. This is often the starting point for reviewing a claim and the key to a successful analysis of issues. If not, why not?

Compensation 54

Compensation Claims Change Orders Legal 54

Building Information Management

AUGUST 11, 2015

As a result, more facilities and government agencies are turning to job order contracting (JOC) to support their construction, renovation and repair efforts. Eliminated contractor driven change orders and legal claims. Here are five ways a successful JOC program saves money: 1. Budget control.

Contract 40

Contract Procurement Change Orders Budgeting 40

Building Information Management

AUGUST 11, 2015

As a result, more facilities and government agencies are turning to job order contracting (JOC) to support their construction, renovation and repair efforts. Eliminated contractor driven change orders and legal claims. Here are five ways a successful JOC program saves money: 1. Budget control.

Contract 40

Contract Procurement Change Orders Budgeting 40

NH Construction Law

NOVEMBER 25, 2022

It is common in construction litigation for contractors suing owners to assert a right to recover damages for more than just a breach of contract. Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” 2018 WL 3237974 (N.H. 511, 514 (1981).

Equity 40

Equity Legal Contract New Hampshire 40