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 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 59

Claims Compensation Contract Regulation 59

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.

Claims 62

Claims Compensation Overhead Defense 62

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

Safety Services Company

JUNE 24, 2024

Contractors and hiring clients alike prioritize safety leadership , seeking partners who excel in safety and compliance, surpassing basic OSHA standards. Let’s reflect on what attendees experienced and the valuable takeaways contractors gained from the event. The best way to set a culture of safety is to lead by example.

Safety 114

Safety Contractors Conference Accidents 114

Construction and Infrastructure Law

SEPTEMBER 29, 2020

Contractors performing work in California are required to be licensed by the California State License Board (“CSLB”). Except for sole proprietors, contractors are typically licensed through “qualifiers,” i.e., officers or employees who take a licensing exam and meet other requirements to become licensed on behalf of the contractor’s company.

California 76

California Contractors Compensation Los Angeles 76

Best Practices Construction Law

MARCH 20, 2018

” A contractor in North Dakota wasn’t laughing when it was not allowed to pass “Go” and could not immediately collect its $200,000 for work performed. Dickinson Elks Building, LLC , the court held a contractor was not entitled to recover for labor and materials during a time period when the contractor was unlicensed.

North Dakota 75

North Dakota Contractors Lien Claims 75

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

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 56

Claims Wisconsin Compensation Liability 56

Best Practices Construction Law

APRIL 18, 2014

When savvy contractors face delays on a project, they immediately take steps to provide notice, document, evaluate and plan for recovery from those delays. Generally, the delay must affect the critical path of the work to be compensable. If the delay absorbs the “float” in the schedule, then it is not compensable.

Schedule 89

Schedule Claims Compensation Travel 89

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

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

DECEMBER 8, 2019

One contractor recently learned this lesson to the tune of $65,000. 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. This case presents two good lessons for contractors.

Contractors 71

Contractors Claims South Carolina Contract 71

Construction Dive

FEBRUARY 19, 2014

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. The contractor, of course, retains the right to pursue its dispute remedies under the contract. Absolutely.

Contractors 59

Contractors Claims Compensation Contract 59

Levelset

MAY 23, 2022

As a contractor, you may have realized that taking care of every detail will not be enough as there are always going to be risks associated with your work. It’s important to understand what this insurance covers, and how to get the most out of it if you need to file a claim. What does business interruption insurance cover ?

Insurance 97

Insurance Contractors Construction Claims 97

Best Practices Construction Law

JANUARY 22, 2018

the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

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

Best Practices Construction Law

OCTOBER 10, 2012

A contractor's recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. The Severin doctrine provides that a general contractor cannot sue an owner on behalf of one of its subcontractors to recover monies due to the subcontractor unless the general contractor is itself liable to the subcontractor.

Claims 48

Claims Rhode Island DOT Liability 48

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. The contractor also sought 59 days of time extension for the period the project was inaccessible.

Contract 62

Contract Contractors Compensation Site 62

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

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

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

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

DECEMBER 11, 2019

When savvy contractors face delays on a project, they immediately take steps to provide notice, document, evaluate and plan for recovery from those delays. Generally, the delay must affect the critical path of the work to be compensable. If the delay absorbs the “float” in the schedule, then it is not compensable.

Schedule 71

Schedule Compensation Claims Travel 71

Construction and Infrastructure Law

SEPTEMBER 29, 2020

Contractors performing work in California are required to be licensed by the California State License Board (“CSLB”). Except for sole proprietors, contractors are typically licensed through “qualifiers,” i.e., officers or employees who take a licensing exam and meet other requirements to become licensed on behalf of the contractor’s company.

California 52

California Contractors Compensation Los Angeles 52

Best Practices Construction Law

NOVEMBER 2, 2012

Over my legal career, I have handled a significant amount of workers' compensation disputes, representing injured employees, defending employers and insurance carriers, and even a few years working for an appellate judge that addressed workers' compensation appeals. The National Council on Compensation Insurance, Inc.

Compensation 48

Compensation Insurance Claims Employment 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. 3d 347 (Fl.

Claims 54

Claims Miami Contract Liability 54

Best Practices Construction Law

JANUARY 8, 2015

What should a contractor do with such historic conditions and unusually severe weather affecting construction activities? The contractor sought $13 million in additional costs incurred and more than $50 million for future costs not yet incurred. The government filed a counter-claim alleging fraud and other violations.

Claims 48

Claims Transportation Contractors Memphis 48

Levelset

MAY 16, 2022

In Pennsylvania, contractors working on residential projects need to be aware of the Pennsylvania Home Improvement Consumer Protection Act. The Act establishes a registration program for home improvement contractors, along with required contract provisions, minimum insurance coverage, and more. Project details.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Best Practices Construction Law

MAY 21, 2012

Too often, daily reports are submitted to the contractor’s office merely noting the date, the weather, a broad description of the work being performed, and sometimes, a listing of employees and equipment present. This type of report will usually prove insufficient to support a request for additional compensation or change order claim.

Claims 48

Claims Estimating Construction Change Orders 48

Job Order Contracting

AUGUST 31, 2021

Poor performance of one participant will often excuse other participants from the need to strictly fulfil their obligations, or entitle them to claim additional money from the owner. 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

Construction Dive

SEPTEMBER 4, 2013

By Bruce Jervis Prime contractors, when attempting to resolve payment and scope of work disputes with subcontractors, frequently advocate on behalf of a sub against the project owner. The hope is that the project owner will authorize additional funds which can be used to compensate the subcontractor.

Contractors 52

Contractors Alabama Compensation Claims 52

Cassell Construction Estimating

NOVEMBER 20, 2014

Wrong, because there’s a catch – the Owner is insisting that all the changes are “concurrent”, and that no additional compensation for extended general conditions is forthcoming. Without either one of these components, the contractor is in a weaker position to collect what’s fairly due. Happy Scheduling!

Schedule 100

Schedule Hawaii Alaska Change Orders 100

FDR Safety

SEPTEMBER 22, 2015

7 Tips for Building a Strong Contractor Safety Program. 7 Tips for Building a Strong Contractor Safety Program. Court decisions have made it increasingly clear that employers share responsibility for the actions of contractors when it comes to safety on a worksite, but making sure that contractors follow through can be challenging.

Safety 120

Safety Injury Inspections Documentation 120

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

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. Review the contractor’s plan of work.

Claims 48

Claims Change Orders Legal Schedule 48

Construction Dive

NOVEMBER 5, 2014

Increasingly, the constructor is also the financier, compensated through lease payments, tolls, or other user fees. Featured in this Week’s Construction Claims Advisor:Lease-Leaseback Exempt from Competitive BiddingOwner Created Separate Prime Contract with Trade' The bidding laws in many states have been slow to keep pace.

Bidding 52

Bidding Finance Leases Procurement 52