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

Construction Dive

OCTOBER 7, 2012

It’s an old sports cliché: the best defense is a good offense. In claims litigation, this strategy has been in evidence for years. A recent case, however, illustrated a pitfall to this aggressive response. The engineer sued to collect approximately $50,000 in compensation. million in damages.

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Defense Claims Compensation Agreement 48

Green Building Law Update

JANUARY 19, 2020

economy, when in any given year the vast majority of real estate transactions are leases and not contracts of sale. In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection for existing contamination before signing leases.

Liability 156

Liability Leases Defense Commercial 156

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.

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Claims Compensation Contract Contractors 118

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.

Contract 62

Contract Contractors Compensation Site 62

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” In Schindler v. Tully Construction Co. , Tully Construction Co. ,

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Claims Contract Legal New York 82

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. A claim pending against a major U.S.

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Green Risk Claims Drafting 120

Federal Construction Contracting Blog

AUGUST 29, 2024

On August 22, 2024, the Department of Justice (DOJ) filed a complaint-in-intervention in a previously filed whistleblower suit under the qui tam provisions of the False Claims Act (FCA) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp.

Georgia 52

Georgia Claims Defense Security 52

Green Building Law Update

AUGUST 30, 2020

economy, when in any given year the vast majority of real estate transactions are leases and not contracts of sale. In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection from existing contamination before signing leases.

Site 156

Site Liability Leases Defense 156

Federal Construction Contracting Blog

FEBRUARY 22, 2024

Department of Veterans Affairs (the VA) contract, learned the hard way that a contractor simply cannot ignore a size protest, regardless of its actual merit. The contracting officer forwarded the protest to the cognizant SBA Area Office (Area Office). Sanford Federal, Inc., the selected awardee for a U.S.

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Contract Office Certification Procurement 98

Best Practices Construction Law

NOVEMBER 21, 2019

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

Federal Construction Contracting Blog

APRIL 18, 2024

government, such as competing for federal procurement contracts. Under FAR 52.204-7, an Offeror is required to be registered in SAM when submitting an offer or quotation, and shall be registered until time of award, during performance, and through final payment of any contract resulting from the solicitation. GAO, citing the U.S.

Contract 52

Contract Procurement IRS United States 52

Federal Construction Contracting Blog

JUNE 7, 2022

The government acts in its sovereign capacity when it takes actions that are general and public in nature and do not target any particular contractor; rather the impact of the government’s action on its contracts is merely incidental to the purpose of a broader governmental objective. As the Court of Claims in Jones v.

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Defense Contract Claims Contractors 59

Green Building Law Update

MARCH 31, 2019

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. Phase l ESAs are now becoming much more common in commercial and industrial leasing.

Liability 120

Liability Leases Defense Commercial 120

Best Practices Construction Law

NOVEMBER 15, 2019

And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a number of disputes, poor practices, and conflicting personalities created a climate of dishonesty, distrust, and lack of effective communication.

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Schedule Contract Contractors United States 48

Levelset

AUGUST 30, 2024

These acts represent a substantial shift in how payment bond defenses are handled for sureties under both the Public Works Act and the Private Works Act. The new laws expand the defenses available to sureties. The courts rejected these defenses because allowing sureties to do so would contradict the Private or Public Works Acts.

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Louisiana Materials Defense Claims 52

Federal Construction Contracting Blog

DECEMBER 9, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. As a result, the contractor submitted several requests for contract adjustments based on the increased price quotes of the vendor.

Contractors 52

Contractors Contract Defense Claims 52

NH Construction Law

JUNE 26, 2023

The federal False Claims Act (FCA), 31 U.S.C. § imposes liability for knowingly making a false or fraudulent “claim,” or a false record or statement material to such a claim, in order to obtain funds from the federal government. § 3729 et seq., 31 U.S.C. § § 3729(b)(2). 31 U.S.C. §

Claims 40

Claims United States Liability Materials 40

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.

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Pennsylvania Residential Contractors Contract 98

Best Practices Construction Law

MARCH 5, 2018

Whatever the camp you fall into, a recent government contracts case tells a story that should be avoided when submitting payment applications to the government. Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. Jesse Sloan v.

Claims 63

Claims Certification Fabrication Inspections 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.”. Medical expenses, property damage, and legal defense costs can grow quickly. Cyber insurance.

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Insurance Liability Claims Injury 98

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. involved an IDIQ contract for renovation work at Langley Air Force Base. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R.

Agreement 52

Agreement Claims Contract United States 52

Best Practices Construction Law

MAY 14, 2012

35, (2011), the Arizona Court of Appeals held that the defense of lack of licensure could be waived if not timely and appropriately raised in an arbitration proceeding. The Court also reasoned that even if it was a quantum meruit claim the amount was not liquidated or still in dispute until an award was made and thus fees are not recoverable.

Lien 48

Lien Defense Las Vegas Construction 48

Construction Dive

NOVEMBER 12, 2015

By Bruce Jervis On a public works contract, a “sovereign act” is the ultimate government defense to a contractor claim for additional compensation. The act is not directed at a particular contractor and not intended to nullify rights under a particular contract. the government agency ?

Compensation 48

Compensation Defense Contract Claims 48

Construction Lawyer

FEBRUARY 28, 2014

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. The owner and the general contractor filed cross-claims against SJ for indemnification. contracts insurance litigation'

Contract 40

Contract Contractors Insurance Accidents 40

Best Practices Construction Law

MAY 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?

Risk 69

Risk Materials Contract Contractors 69

Best Practices Construction Law

AUGUST 9, 2012

2011), this same issue arose in the context of whether the owner's claims were barred by the applicable statute of limitations. The contractor filed a motion in court to permanently stay the arbitration because it argued that the claims were beyond the statute of limitations. So choose your words wisely in your contracts.

Agreement 48

Agreement New York Defense Claims 48

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. General liability insurance.

Liability 52

Liability Insurance Claims Legal 52

Construction Lawyer

APRIL 3, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Federal Court dismisses subs claim against GC because of arbitration provision. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

ENR Construction

SEPTEMBER 17, 2019

of Defense contract team failed to follow criteria for termination firmly established in federal case precedents, Federal claims court ruled.

Defense 37

Defense Claims Contractors Contract 37

Construction Specifier

JANUARY 13, 2025

The industry urgently needs a specification framework that is measurable, verifiable, and defensible. Without a quantifiable specification to convey contract requirements, project teams will continue to be handed polished concrete floors that are ripe for change orders and expensive to maintain. based in Portland, Ore.

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Concrete Design CSI AIA 105

Constructlaw

JUNE 21, 2022

Gary and Kelley Caballero contracted to purchase a new home to be constructed by Taylor Woodrow and Taylor Morrison of Texas, Inc. The contract contained an agreement to arbitrate any disputes with the American Arbitration Association (AAA) under the Federal Arbitration Act (FAA). Caballero , No. 01-20-00800-CV, 2022 Tex.

Agreement 52

Agreement Texas Claims Contract 52

Building Information Management

SEPTEMBER 18, 2015

Federal Sector Job Order Contracting – 2015 [1]. The following is a listing of considerations when implementing, managing, and /or working with Federal Government Job Order Contract. Contracting Considerations. Location of Contracting Office. Contract Option Years. Planning and Contract Award. JOC Contract.

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Contract Negotiation Office Plans 40

Construction Lawyer

APRIL 19, 2009

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Economic Loss Doctrine bars Nevada claims against Architect. In Terracon Consultants Western, Inc. Mandalay Resort Group, 2009 WL 790364 (Nev.,

Nevada 40

Nevada Claims Illinois AIA 40

Construction Lawyer

AUGUST 30, 2007

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. False Claims lands Engineer in jail. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts.

Claims 40

Claims Engineering Illinois AIA 40

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. Any party who could face potential liability should be included as an indemnified party.

Liability 69

Liability Agreement Drafting Insurance 69

Construction Marketing Ideas

FEBRUARY 6, 2015

The issue here — the implication of contract clauses which exclude damages for delay ; and when and how these clauses can be overridden in practice. This defense can be applied to protect the owner from a general contractor’s delay claim or the general contractor from a subcontractor’s claim.

Construction 48

Construction Defense Legal Claims 48