Best Practices Construction Law

SEPTEMBER 29, 2020

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

Negotiation 104

Negotiation Contractors Claims Mississippi 104

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Construction Marketing

JUNE 20, 2022

Whoever is responsible for breaching their duty of care should compensate for the injuries. Going through the legalities of such issues can be complex, so working with a personal injury attorney In Englewood would be a good starting point. . If the construction company fails to keep the site safe, they could face liability.

Site 156

Site Injury Construction Safety 156

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

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

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

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

Revit OpEd

DECEMBER 22, 2017

Repeal of certain miscellaneous itemized deductions subject to the 2% floor: Under current law, employees may claim itemized deductions for certain miscellaneous expenses. Thus, under the provision, employees may not claim the above-listed items as itemized deductions for taxable years 2018 through 2025. Work-related education.

Employment 85

Employment Compensation Agreement Income 85

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

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

Levelset

SEPTEMBER 23, 2022

However, the types of policies and their limits (the maximum amount claims can pay out) are limited. A general liability insurance policy protects the policyholder from claims of property damage or bodily injury caused by the contractor or its employees. This policy may also cover legal fees involved in certain types of lawsuits.

Insurance 52

Insurance Liability Accidents Risk 52

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. Mealey’s: What, if any, events had an impact on the global economy that have led to increased filings?

Claims 40

Claims Insurance Bankruptcy Legal 40

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

Best Practices Construction Law

SEPTEMBER 23, 2022

Ned regularly represents clients in construction defect and compensation claims, manufacturer/dealer disputes, and insurance coverage lawsuits. Another way may be the well-known legal maxim of KISS (Keep It Simple Stupid.) He is also a South Carolina certified mediator. And attack it did.

South Carolina 62

South Carolina Insurance Contract Legal 62

Levelset

SEPTEMBER 20, 2022

Liability insurance will help cover expenses for damage to someone else’s property and/or legal costs if another party decides to file a lawsuit. Workers’ compensation insurance : If you have HVAC employees, this insurance helps cover lost income and/or medical expenses if one of your workers becomes sick or injured on the job. .

Insurance 52

Insurance Contractors Liability Accidents 52

Pro Builder

DECEMBER 7, 2022

These exits weren’t just about compensation, either. He called for an all-hands, industrywide effort to bolster training, compensation, diversity, and productivity. And, as a result, to appear to be doing more than trying to fill a 50-gallon barrel using an eye dropper.

St. Louis 98

St. Louis Retail Compensation Industrial 98

Levelset

SEPTEMBER 6, 2022

The policyholder will also have certain duties to perform if an insurance claim is incurred and reported. Though not common, large and complex claims do occur. In light of the current legal environment, construction or repair contracts will require the naming of additional insureds. Using a wrap-up to extend coverage.

Insurance 52

Insurance Liability Construction Contract 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

Construction Junkie

APRIL 30, 2020

ELIGIBILITY: This contest (“Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years or older at the time of entry. By participating, entrants agree to be bound by these official rules and waive any right to claim ambiguity in the Contest or these official rules.

Autodesk 52

Autodesk Claims Injury Liability 52

Construction Junkie

APRIL 29, 2020

ELIGIBILITY: This contest (“Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years or older at the time of entry. By participating, entrants agree to be bound by these official rules and waive any right to claim ambiguity in the Contest or these official rules.

Milwaukee 52

Milwaukee Claims Injury Liability 52