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

Green Building Law Update

JUNE 28, 2015

Supreme Court having before it an interstate water dispute, where Florida seeks an equitable apportionment of the waters of the Chattahoochee and Flint Rivers over the claims of upstream Georgia, the issue of “who owns the rain” is of national importance. Water law in the western U.S. ” McNaughton v. Eaton, 1952.

Albuquerque 120

Albuquerque Tucson Utah Maryland 120

Green Building Law Update

JUNE 28, 2015

Supreme Court having before it an interstate water dispute, where Florida seeks an equitable apportionment of the waters of the Chattahoochee and Flint Rivers over the claims of upstream Georgia, the issue of “who owns the rain” is of national importance. Water law in the western U.S. ” McNaughton v. Eaton, 1952.

Albuquerque 120

Albuquerque Tucson Utah Maryland 120

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. disruption distinction.

Claims 118

Claims Compensation Contract Contractors 118

Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” 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. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

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. The obligee —the entity (typically a government agency) that requires the bond, thus receiving its legal financial protection.

Contractors 140

Contractors Regulation Insurance Claims 140

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

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.”. Medical expenses, property damage, and legal defense costs can grow quickly.

Insurance 98

Insurance Liability Claims Injury 98

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

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

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

MARCH 20, 2018

The trial court awarded the contractor its claim for damages, and the owner appealed. On appeal, the owner argued that North Dakota Code requires a contractor be licensed at the time of contract formation or commencement of work under the contract to maintain a claim or action related to the work performed under the contract.

North Dakota 75

North Dakota Contractors Lien Claims 75

Best Practices Construction Law

APRIL 28, 2015

In the legal world, words have meaning. 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. Take, for example, the world of changes in the construction context.

Change Orders 48

Change Orders Claims Compensation Contract 48

Safety Services Company

OCTOBER 10, 2012

WILG’s members are committed to improving the quality of legal representation to those injured on the job or victims of occupational illness by superior legal education and by keeping informed of legislative and judicial proceedings. How long have you been with the group? Why did you get involved in helping injured workers?

Injury 55

Injury Compensation Insurance Employment 55

Levelset

SEPTEMBER 8, 2022

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. It can pay for medical costs and legal fees.

Liability 52

Liability Insurance Claims Legal 52

Best Practices Construction Law

JUNE 15, 2016

When you deal with construction claims, many believe that the largest component of any request for additional compensation is generally labor costs. A compensable loss in terms of labor productivity happens when the contractor uses more hours to complete a given unit of work than it would have used absent the intervening cause.

Products 48

Products Compensation Claims Schedule 48

Construction Lawyer

MARCH 27, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Architecture 58

Architecture Illinois AIA Chicago 58

Construction Law Monitor

OCTOBER 19, 2011

There is a lot more involved in acquiring the appropriate permits, licensing and legal documents in order to be granted permission to start. Should the principal default on an aspect of their contract, the surety company will provide financial compensation to the obligee and then refund the damages from the principal.

Insurance 51

Insurance Compensation Claims Agreement 51

Levelset

SEPTEMBER 2, 2022

Errors and omissions (E&O) insurance covers contractors against financial loss resulting from mistakes, errors, or claims of negligence. While general liability insurance covers against claims related to injury or property damage, errors and omissions insurance protects from lawsuits related to financial loss.

Insurance 52

Insurance Liability Claims Injury 52

Best Practices Construction Law

MAY 31, 2016

Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. 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. This is a must read! In County of Galveston v.

Claims 48

Claims Compensation Contract Contractors 48

Construction Marketing Ideas

FEBRUARY 6, 2015

The Cobb Law Group ‘s blog: Georgia Construction, Bond and Lien Law Blog , has been a finalist in previous Best Construction Blog competitions , and continues to provide a combination of solid legal advice and more general commentary, some of which is more lighthearted than the blog’s necessarily serious primary topic.

Construction 48

Construction Defense Legal Claims 48

Construction and Infrastructure Law

FEBRUARY 6, 2018

requires businesses using workers provided by a staffing firm to share “all civil legal responsibility and civil liability” for wage payments and workers’ compensation coverage. creating systems and protocols to confirm timely payment of wages to subcontractors’ workers. Section 2810.3

California 49

California Contractors Liability Employment 49

Levelset

OCTOBER 14, 2022

A plumbing contractor’s insurance policy covers claims for property damage, but it may also help defend against lawsuits resulting from a work-related incident. In this respect, general liability insurance or workers’ compensation could help cover those costs if an incident should occur. . Liability for damage.

Insurance 52

Insurance Liability Injury Compensation 52

Levelset

SEPTEMBER 30, 2022

If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . A large claim against your business could have a devastating financial effect that could threaten your livelihood. Does a carpenter need insurance? Carpentry is a diverse occupation.

Insurance 52

Insurance Liability Accidents Injury 52

Levelset

AUGUST 31, 2022

They offer a full range of business insurance policies, including general liability, commercial auto, workers’ compensation, and umbrella. Policies offered include general and professional liability, workers’ compensation, commercial auto, and tools and equipment. And they offer risk specialists to help your business minimize losses.

Insurance 52

Insurance Liability Compensation Construction 52

Levelset

SEPTEMBER 7, 2022

In that case, professional liability insurance would generally provide the plumber with reimbursement for legal fees, settlements, and judgments. Professional liability insurance protects against claims related to professional negligence. What is professional liability insurance?

Liability 52

Liability Insurance Injury Contract 52

Levelset

JUNE 13, 2022

If the roofing contractor has employees, then they must carry worker’s compensation insurance covering all employees. If there are no employees, then they must provide a certificate of attestation of exemption ( CE-200 ) from the NY Worker’s Compensation Board. On-demand legal help you can afford. Learn more.

New York 52

New York Contract Residential Contractors 52

BD+C

OCTOBER 7, 2024

Time is of the Essence With Construction Litigation Across most jurisdictions in the United States, time is an issue from a legal perspective. This timing comes into play with investigation, inspection, and claim notices, and for getting claims on file—both in court and in arbitration.

Insurance 52

Insurance Legal Documentation Claims 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. Industry-specific legal concepts.

Construction 52

Construction Claims Contractors US 52

Levelset

MAY 16, 2022

On-demand legal help you can afford. Legal Guard puts a team of construction attorneys in your corner, on call for contract review or legal advice when you need it. Visit the PA Home Improvement Contractor Registration website for more details. Learn more.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

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

MAY 22, 2018

Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage.”. In the a regularly cited case, United States Steel Corp.

Claims 48

Claims Railroad Contract Missouri 48

Construction Marketing Ideas

JUNE 5, 2015

We always compensate for these evaluations, based on the compensation model we would provide if we hired or contracted with the individual. an hour (legally correct compensation — remember, this is offshore work where the local pay will be much lower), do you know if you are getting someone you would want to hire?

Compensation 48

Compensation Commissioning Modeling Contract 48

Best Practices Construction Law

JULY 29, 2015

general liability, builder’s risk, workers’ compensation, professional liability) over different periods of time, there may be a dispute as to which carrier covers the loss. Ultimately, the court concluded that Insurance Company #2 had the duty to defend the claim. In a recent case, Cincinnati Insurance Co. So What?

Insurance 48

Insurance Liability Claims Electrical 48

Levelset

OCTOBER 13, 2022

If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. A COI may include a waiver of subrogation endorsement that basically asks your insurance company to pay an insurance claim, while giving up the ability to recover (or subrogate) damages from the party that actually caused the problem.

Insurance 52

Insurance Certification Contractors Liability 52

Buisness Facilities Contributed Content

APRIL 12, 2013

The five states that were impacted by the Deepwater Horizon disaster (including 665 miles of contaminated coastline), Gulf Coast business owners, the federal government and BP have spent the past three years dancing a slow legal tango that has assessed clean-up costs, fines and other liabilities.

Mississippi 52

Mississippi Alabama Liability Louisiana 52

FDR Safety

NOVEMBER 29, 2016

It is entirely reasonable and legally defensible to require employees who are aware that they suffered an injury to report that injury before they leave the facility at the end of their shift, or within 8 hours of becoming aware of the injury, whichever is earlier. or a state workers’ compensation system.

Injury 120

Injury OSHA Safety Employment 120