Best Practices Construction Law

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The Contract.

Claims 118

Claims Compensation Contract Contractors 118

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. The JOC will remain in effect for one year from date of contract award.

Contract 100

Contract Organization Change Orders Overhead 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. 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

Job Order Contracting

AUGUST 31, 2021

Traditional contracting methods typically involve the non-owner participants tendering a lump-sum price based on the owner’s proposed allocation of responsibilities and risks. The over-riding goal of most contractor becomes minimizing the cost of performing the agreed scope or activity and maximizing profit.

Construction 176

Construction Procurement Liability Contract 176

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

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

Construction Dive

NOVEMBER 6, 2013

By Bruce Jervis There are many legitimate reasons for contractors to submit claims for increased compensation. Construction contracts, which essentially allocate risks and responsibilities between project owners and constructors, spell out the circumstances under which the contractor may be entitled to additional time or money.

Claims 54

Claims Wisconsin Compensation Liability 54

Best Practices Construction Law

APRIL 18, 2014

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. Best Practices Claims and Disputes'

Schedule 89

Schedule Claims Compensation Travel 89

Best Practices Construction Law

JUNE 21, 2022

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to COVID-19. APTIM Federal Services, LLC (ASBCA No. Geren , 550 F.3d 3d 1368 (Fed.

Contract 62

Contract Contractors Compensation Site 62

Constructonomics

OCTOBER 3, 2010

While insurance policies are written with the understanding that some claims will be made, surety bonds are written to prevent fraud and other potential problems—with the intention of avoiding claims. Failure to abide by the restrictions mandated by each of these bonds allows a harmed or unpaid party to make a claim on the bond.

Contractors 140

Contractors Regulation Insurance Claims 140

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.

Claims 48

Claims Compensation Schedule Guidelines 48

Best Practices Construction Law

MARCH 20, 2018

There, the out-of-state contractor entered into the construction contract on December 26, 2011, but did not get its contractor’s license until February 5, 2012. The trial court awarded the contractor its claim for damages, and the owner appealed. The contractor later filed a lien for approximately $200,000.

North Dakota 75

North Dakota Contractors Lien Claims 75

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. Happy Scheduling!

Schedule 100

Schedule Hawaii Alaska Change Orders 100

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

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

Best Practices Construction Law

SEPTEMBER 5, 2018

Many times, the parties’ contract will dictate whether the contractor can recover delay damages or will be limited to a time extension for delays beyond the contractor’s reasonable control. The general contractor in McLeod filed a malpractice action against the architect on a public contract for the City of Miami. In Perez-Gurri v.

Claims 54

Claims Miami Contract Liability 54

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

Best Practices Construction Law

DECEMBER 8, 2019

23, 2019), the contracting officer awarded the contractor approximately $135,000 in delay damages for a 172 days in compensable delays on a renovation project on a base in South Carolina. One contractor recently learned this lesson to the tune of $65,000. In Appeal of BES Construction, LLC , ASBCA 60608 (Oct.

Contractors 71

Contractors Claims South Carolina Contract 71

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

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

Construction Business Owner

DECEMBER 9, 2011

A safe work environment is one of the most straight forward ways to decrease workers compensation expenses. Companies who have more claims than average will have a higher than average rate, for example, 1.6. “A safe work environment is one of the most straight forward ways to decrease workers compensation expenses.”

Construction 136

Construction Insurance Software Software 136

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. Get an expert on board early.

Schedule 71

Schedule Compensation Claims Travel 71

Green Building Law Update

DECEMBER 2, 2018

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. Such is a real issue when in any given year the vast majority of commercial and industrial real estate transactions are leases and not contracts of sale. 9601 et seq.,

Liability 149

Liability Defense Leases Compensation 149

Construction Dive

FEBRUARY 19, 2014

By Bruce Jervis Virtually every construction contract contains a so-called “Continuing Work” clause. These clauses require the contractor to continue work in accordance with the contract schedule notwithstanding any dispute or disagreement that may arise between the contractor and the project owner. Absolutely.

Contractors 57

Contractors Claims Compensation Contract 57

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 76

California Contractors Compensation Los Angeles 76

Levelset

JUNE 13, 2022

In the State of New York, contractors working on certain residential projects need to have a good understanding of the NY Home Improvement Contracts Act. Here’s what NY residential contractors must include (and what can’t be included) in a New York home improvement contract. These requirements can be found under NY Gen.

New York 52

New York Contract Residential Contractors 52

Construction Dive

NOVEMBER 19, 2014

But, the contract documents frequently make a distinction, so it does matter. An owner-directed suspension is usually expressly compensable, with the elements of compensation defined in the contract. The contract may disclaim owner liability for delay, regardless of cause.

Compensation 51

Compensation Liability Contract Claims 51

Construction Superintendent Magazine

NOVEMBER 17, 2015

The American Institute of Architects launched new contract documents. This agreement contains basic business terms related to copyrights and licenses, claims and disputes, termination or suspension and compensation.

Documentation 40

Documentation Contract AIA Agreement 40

Civil Lead

APRIL 22, 2020

When we are planning to construct a building or house the first question comes in our mind is we have to give a material contractor or labour contract. Whereas in the material contract all materials and labour required for the construction are supplied by the contractor. While the contractor may or may not do that.

Contract 52

Contract Materials Housing Bargains 52

Best Practices Construction Law

AUGUST 16, 2012

Would it surprise you to learn that you may have waived that right in your contract? Dormitory Authority of State of New York , appellate court enforced a no-damages-for delay clause against a contractor, rejecting a $10m delay claim. In the recent case of Plato General Construction v. ” * * * * * *. " What it means?

Claims 48

Claims Compensation Contract Contractors 48

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

Green Building Law Update

JANUARY 19, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. economy, when in any given year the vast majority of real estate transactions are leases and not contracts of sale. 9601 et seq.,

Liability 156

Liability Leases Defense Commercial 156

Best Practices Construction Law

APRIL 28, 2015

Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. When you are dealing with changes on a project, they can be classified, treated, reviewed, and compensated on a different basis.

Change Orders 48

Change Orders Claims Compensation Contract 48

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

Construction Dive

AUGUST 6, 2014

The argument has been that their potential liability is disproportionate to the compensation they receive and the role they play on a construction project. The California Supreme Court ruled that an architect can be held liable to future homeowners, with whom it had no contract, for the negligent design of residential property.

Liability 63

Liability Compensation California Claims 63

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Such an occurrence could threaten the existence of your contracting business.

Insurance 98

Insurance Liability Claims Injury 98

Best Practices Construction Law

JANUARY 16, 2015

I have reviewed five new construction contracts in the past two weeks. Check out my series on the Top 20 Contract Issues for Contractors and Subcontractors. The owners defended their actions based on standard contract specifications requiring “coordination and cooperation” of the contractors. Busy, busy, busy! 165, 34 S.Ct.

Contract 48

Contract Roads Construction Lien 48