Best Practices Construction Law

SEPTEMBER 25, 2020

And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. for breach of contract for nonpayment, claims for delay damages and enforcement of its lien rights. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

Green Building Law Update

APRIL 26, 2020

A key lesson to be learned here is that even a landowner determined to be an “inculpable person” under a state voluntary cleanup program is still subject to a state law claim by some other impacted third party property owner. In an instructive environmental law decision last week, the U.S. Christian et al.

Claims 156

Claims Montana Permits Liability 156

Best Practices Construction Law

MARCH 10, 2020

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment. In Appeal of Matcon Diamond, Inc. 59637 (Feb.

Claims 62

Claims Compensation Overhead Defense 62

Pro Builder

SEPTEMBER 11, 2020

Jobless Claims Surged This Month, Here’s Why. million jobless claims, but by early September, that number grew to 1.7 million jobless claims. More than half of these new jobless claims come from California, which may come at no surprise. Read more to see the other factors playing into jobless claim growth.

Claims 59

Claims California Compensation Employment 59

ENR Construction

JULY 10, 2018

Are challenges to claims helping, or do they end up adding to costs of coverage?

Claims 53

Claims Compensation 53

Best Practices Construction Law

OCTOBER 13, 2016

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Generally, the delay must affect the critical path of the work to be compensable. Identify the critical delays.

Claims 76

Claims Compensation Schedule Guidelines 76

Construction Marketing

MARCH 2, 2023

Damage recovery If your claim is successful, you may be entitled to recover damages for your injuries. Workers’ compensation This defense says you are not entitled to sue for damages because workers’ compensation insurance covers you. These damages can include payments for your pain and suffering.

Injury 255

Injury Site Defense Compensation 255

Best Practices Construction Law

NOVEMBER 22, 2019

Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. Don’t wait until the lawsuit or demand for arbitration before giving notice of your claim.

Claims 62

Claims Documentation Contract Change Orders 62

ENR Construction

JUNE 21, 2022

High court rules that a 2018 state law broadening the scope of federal employees who can claim benefits related to work at the Hanford Site nuclear waste cleanup in Washington State violates the U.S. Constitution’s Supremacy Clause. .

Compensation 65

Compensation Site Washington Claims 65

Construction Business Owner

SEPTEMBER 12, 2017

The first step in evaluating workers’ compensation costs begins with a clear understanding of the Experience Modification Factor (EMF) and its direct impact on premium. Equally critical is a complete understanding of an organization’s key loss drivers and the effect individual claims have on the experience modifier.

Compensation 154

Compensation Claims 154

Construction Business Owner

AUGUST 22, 2014

The Insurance Research Council indicates that roughly 35 percent of workers’ compensation claim dollars are paid to fraudulent claimants. Fraudulent claims increase immediate insurance policy costs and long-term rating discounts and modifiers. billion per year.

Insurance 214

Insurance Compensation Claims 214

Construction Business Owner

JULY 23, 2014

The Insurance Research Council indicates that roughly 35 percent of workers’ compensation claim dollars are paid to fraudulent claimants. Fraudulent claims increase immediate insurance policy costs and long-term rating discounts and modifiers. billion per year.

Insurance 206

Insurance Compensation Claims 206

Levelset

SEPTEMBER 19, 2022

First-party insurance provides compensation directly to the insured individual or business, whereas third-party insurance provides reimbursement to another party when the insured person or business is liable for damages. First-party insurance provides compensation directly to the insured individual or business.

Insurance 52

Insurance Liability Compensation Claims 52

Construction Dive

APRIL 23, 2014

By Bruce Jervis Construction contracts frequently contain a “notice of claim” requirement. If a contractor believes an occurrence entitles the contractor to additional compensation under the contract, the contractor must give the project owner written notice within a stipulated number of days of the date of the occurrence.

Claims 61

Claims Compensation Contract Regulation 61

Construction Equipment

MARCH 13, 2015

are approaching $1 million in workers’ compensation claims. The state workers'' compensation program had paid $733,265 in claims as of Jan. 1, 2015, and had estimated the claims would cost $964,920 once each one is completed, according to data provided by Elaine Fischer, an agency spokeswoman.'

Seattle 48

Seattle Claims Compensation Injury 48

Best Practices Construction Law

OCTOBER 13, 2016

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Generally, the delay must affect the critical path of the work to be compensable. Identify the critical delays.

Claims 48

Claims Compensation Schedule Guidelines 48

Construction Law Monitor

DECEMBER 27, 2012

Back in 2009 this blog reported on the very topic of Workers Compensation insurance, stating that 1 and 5 businesses are breaking workers compensation laws. Workers Compensation is codified in Louisiana under Revised Statute 23:1021 et seq. The main reason being is due to the exorbitant price of this insurance on contractors.

Compensation 51

Compensation Insurance Louisiana Contractors 51

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. Recently, Cordell sent me a list of items that all contractors should review when developing a request for additional compensation.

Compensation 54

Compensation Claims Change Orders Legal 54

Best Practices Construction Law

AUGUST 25, 2016

I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives. Schedules , including the as-planned and updates.

Claims 48

Claims DOT Compensation Documentation 48

ENR Construction

JULY 11, 2018

Shade tents and frequent water breaks are part of the strategies Kris Comon uses for dealing with 100°-plus temperatures and a punishing sun at a two-story building being constructed in Phoenix.

Compensation 52

Compensation Phoenix Claims Deals 52

Construction Dive

NOVEMBER 6, 2013

By Bruce Jervis There are many legitimate reasons for contractors to submit claims for increased compensation. This is why aspersions such as “claim monger” are offensive to contractors. These lapses in judgment are harmful to the image of the industry and give the entire claim process a bad reputation.

Claims 58

Claims Wisconsin Compensation Liability 58

Best Practices Construction Law

MAY 24, 2013

Not that I treat every marital conversation like a construction claim, but I do find myself grilling my wife about these increased costs and whether they are justified. Contractors should be concerned about the same level of grilling (or review) when submitting a claim. Image: Beverly Cromer.

Claims 72

Claims Materials Compensation Estimating 72

Construction Business Owner

MAY 30, 2013

There are numerous resources to help construction companies prevent workers’ compensation claims. They can also engage third-party consultants and public agencies that concentrate on various aspects of injury prevention, injury and claim management and cost-containment. .'

Injury 139

Injury Compensation Claims Insurance 139

Best Practices Construction Law

SEPTEMBER 5, 2018

The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami. The trial court granted summary judgment in favor of the architect.

Claims 54

Claims Miami Contract Liability 54

Best Practices Construction Law

SEPTEMBER 29, 2020

the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction , the court held that the contractor’s claims against the engineer were barred by the doctrine of accord and satisfaction.

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Best Practices Construction Law

DECEMBER 11, 2019

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence ( preferably by an expert ) to establish or to challenge entitlement to the damages sought. Generally, the delay must affect the critical path of the work to be compensable. Identify the critical delays.

Schedule 71

Schedule Compensation Claims Travel 71

Construction Marketing

DECEMBER 27, 2021

This type of coverage will protect your company from various liabilities , including injury claims, and cover medical expenses. With an inland marine insurance policy, you can file a claim for property that was stolen, damaged in transport, or damaged on site by fire or natural disaster. . Workers’ Compensation Insurance.

Insurance 156

Insurance Contractors Accidents Liability 156

Best Practices Construction Law

JUNE 21, 2022

2008), wherein a government contractor sought compensation for being barred from a military base for 41 days following the 9/11 terrorist attacks. The APTIM decision expressly addresses the Sovereign Acts defense, which ultimately denied the contractor’s claim for additional compensation. Geren , 550 F.3d 3d 1368 (Fed.

Contract 62

Contract Contractors Compensation Site 62

Building Radar

JULY 15, 2024

It covers bodily injury, property damage, and personal injury claims that arise during the course of a project. A critical aspect of CGL is the completed operations coverage, which protects against claims made after project completion. For more details on CGL insurance, visit Construction Coverage.

Insurance 52

Insurance Liability Construction Risk 52

Best Practices Construction Law

JANUARY 15, 2013

"There is an undeniable need for logical, factually supportable and credible evidence to assist in calculating delay, time extensions, concurrency and compensability as well as liquidated damages and actual damages." Generally, the delay must affect the critical path of the work to be compensable.

Claims 48

Claims Schedule Compensation Guidelines 48

Construction and Infrastructure Law

SEPTEMBER 29, 2020

Labor Code §§ 1020-1022), and the inability to maintain a lawsuit to recover compensation for their work. Contractors who perform work in California without being properly licensed are subject to a world of hurt, including civil and criminal penalties ( see, e.g., Cal. & Prof. Code §§ 7028, 7028.6, 7117, and Cal. Bus & Prof.

California 98

California Contractors Compensation Los Angeles 98

Best Practices Construction Law

MAY 21, 2013

I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives. Schedules , including the as-planned and updates. Image: Tanzer18.

Claims 48

Claims DOT Construction Compensation 48

Construction Equipment

AUGUST 17, 2018

The frequency for all claims in workers’ compensation steadily declined by 17.6 According to data released by the National Council on Compensation Insurance, more than 40 percent of workers’… percent between 2011 and 2016, while frequency for car accidents on the job increased by 5 percent.

Compensation 48

Compensation Accidents Insurance 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. Identify issues and establish a roadmap. If not, why not?

Claims 48

Claims Change Orders Legal Schedule 48

Levelset

AUGUST 30, 2024

This means that sureties can now use contractual provisions in the subcontract, including “pay-if-paid” clauses , as defenses against nonpayment claims. Despite the introduction of additional defenses for sureties, there is an important carveout for material supplier claims for payment. What’s Changing?

Louisiana 52

Louisiana Materials Defense Claims 52

Best Practices Construction Law

JANUARY 8, 2015

2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project. The government filed a counter-claim alleging fraud and other violations.

Claims 48

Claims Transportation Contractors Memphis 48

Best Practices Construction Law

OCTOBER 10, 2012

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The subcontractor prepared an additional 70 shop drawings for total of 1,650 additional hours for which it sought additional compensation. The claim was presented by the contractor to the DOT. Image: Sangudo.

Claims 48

Claims Rhode Island DOT Liability 48