Green Building Law Update

JULY 27, 2014

A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. In a letter reprinted in part in the local print media, Assistant City Attorney Cara Silver said, "very little of the LEED documentation appear to be present."

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Documentation Certification Contract California 120

Best Practices Construction Law

JUNE 16, 2022

In construction, however, some courts have held that the type of contract delivery method do not change the treatment of the other contract clauses, such as the applicability of a differing site conditions clause. The contract was a design-build contract. Appeal of John C. Grimberg Co., 58791 (Oct.

Claims 62

Claims Bidding Contract Construction 62

Lets Build

MAY 11, 2022

Most construction companies, project managers , and contractors will deal with preliminaries in their construction contracts. We’ll define preliminaries in construction, discuss what prelims are, and gain an understanding of what preliminary costs are included in a construction contract. What do preliminaries in construction mean?

Contract 144

Contract Construction Site Accounting 144

Construction Business Owner

AUGUST 9, 2019

Architects and engineers (A/Es) regularly prepare the contract documents for projects, starting with the contract between the A/E and the owner and following with the contract documents between the owner and the prime contractor.

Documentation 235

Documentation Contract Claims Engineering 235

Job Order Contracting

JULY 28, 2021

California Contractor Tests the Bounds of Job Order Contracting. There’s one project delivery method you may not be as familiar with though: Job Order Contracting, also known by its acronym JOC. JOC contracts are administered by public entities issuing a request for proposals. Think periodic maintenance of facilities.

Contract 130

Contract Negotiation Los Angeles Estimating 130

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. No matter the size of the project, proper documentation will eliminate a number of disputes.

Claims 62

Claims Documentation Contract Change Orders 62

Construction Marketing

SEPTEMBER 25, 2018

Filing a roof replacement insurance claim may be your only chance of taking care of the necessary repairs and renovations, especially after a huge storm, water damage, or other calamities and catastrophes. This having been said, here are 5 tips for filing a roof replacement insurance claim. Take Pictures and Document the Damages.

Insurance 120

Insurance Claims Inspections Minnesota 120

Lets Build

JUNE 18, 2019

Construction contracts include many documents other than the signed piece of contract including contract drawings, specifications and prevailing conditions of the contract. These are long documents which most parties to the contract ignore going through in detail.

Contract 104

Contract Documentation Drawings Consulting 104

CivilJungle

AUGUST 8, 2022

Legal Documents Required for Purchase of Property. But we must avoid the problem and legal situation by checking the documents required for buying property. The below documents are necessary for the purchase of property: 1. The kata simulates the account , and documents are essential when conducting land from one to another.

Documentation 52

Documentation Legal Certification Agreement 52

Job Order Contracting

MAY 31, 2017

Roles and responsibilities of a job order contracting program manager are both diverse and key to overall success. Job Order Contracting Program Manager. Let’s take a look at the roles and responsibilities of a job order contracting program manager. Assure ongoing training for all JOC participants.

Contract 100

Contract Management Life Cycle Estimating 100

Best Practices Construction Law

NOVEMBER 25, 2019

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. The contractor argued that the owner failed to comply with the notice provision when making its claim for liquidated damages.

Claims 71

Claims Oklahoma Contract Contractors 71

Construction Marketing

JULY 11, 2022

If you learn that you need to purchase a surety bond to work as a contractor or to enter into a contract to perform work on a project, here is some information you should know about surety bonds and how they work for contractors. The second category of bonds you will likely encounter as a contractor is contract bonds. Bond Types.

Contractors 156

Contractors Legal Bidding Contract 156

cnstrctr

JANUARY 4, 2020

A construction contract is a tool that you can use to help outline these requirements. What exactly is a construction contract, how can it be used and what are the different types? A construction contract is a document that outlines the roles and responsibilities between two or more parties on a project.

Contract 88

Contract Construction Finance Documentation 88

Best Practices Construction Law

MARCH 2, 2020

2d 190 (2020), the Supreme Court of Nebraska recently reached the same conclusion when it considered whether a particular contract was a cost-plus contract with a guaranteed maximum price or a lump sum contract. The owners argued that the contract was a fixed fee despite the language to the contrary. Vogler , 937 N.W.2d

Contract 71

Contract Documentation AIA Contractors 71

Job Order Contracting

AUGUST 15, 2017

The application of LEAN methods and best management practices can significantly improve your job order contract. The potential for fraud, waste or abuse exists for Job Order Contracting as it does for any other construction delivery method. A review of completed Job Order Contract Audits provides ample evidence of this fact.

Contract 100

Contract Estimating Contractors Negotiation 100

Job Order Contracting

JANUARY 5, 2017

Additional DPW Job Order Contracting Courses. The below additional DPW Job Order Contracting Courses have limited availability. DPW JOB ORDER CONTRACTING ADVANCED. The students will understand the overall process of contract changes, modifications, and claims processes in accordance with the FAR and AFARS.

Contract 100

Contract Negotiation Office Agreement 100

Green Building Law Update

NOVEMBER 5, 2017

The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.

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Green Contract Documentation Claims 120

Job Order Contracting

FEBRUARY 20, 2018

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. DEFINITIONS. authorization.

Contract 100

Contract Organization Change Orders Overhead 100

Construction Cost Estimating

MAY 17, 2018

If it is required to develop a new building or refurbish surviving property, the owner should have arranged a document so that the work & other portions of the construction project can be performed systematically. Each construction project should comprise of crucial documents that generally form the part of every construction contract.

Documentation 40

Documentation Construction Drawings Contract 40

Job Order Contracting

APRIL 15, 2018

An Introduction to Job Order Contracting – The LEAN OpenJOC(TM) Way! #1 Job Order Contracting (JOC) is a way for organizations to get numerous, commonly encountered construction projects done quickly and easily through multi-year contracts. Improving the Army’s Job Order Contracting Program. JOC Basics. and Linda T.

Contract 100

Contract Change Orders Procurement Estimating 100

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

Best Practices Construction Law

MARCH 17, 2021

And there are times when parties to a construction contract face a goocher. Khan Comfort, LLC , the Supreme Court of South Dakota held that a missing time element in a construction contract did not invalidate the contract. In other words, the court found that a contract existed—i.e., Here’s what I mean… In J.

Contract 62

Contract South Dakota Documentation Construction 62

Job Order Contracting

OCTOBER 18, 2016

JOB ORDER CONTRACTING (JOC) Operations Manual. The work management office also completes a desk estimate of the project cost to help determine the best method for executing the work request (in-house shops, competitively bid individual contracts or JOC). Contract Administration Functions. Contract Inspection Functions.

Contract 100

Contract Procurement Negotiation Project Management 100

Best Practices Construction Law

NOVEMBER 18, 2019

A few years ago, I did a post on whether a digital signature in a construction contract was valid. of Maryland, the United States District Court of Maryland address whether a Miller Act claimant can give valid notice of a claim via email. The Email as Notice of Claim. Do what you have to do to preserve your claims.

Claims 54

Claims Contractors Maryland United States 54

Job Order Contracting

AUGUST 19, 2016

Documented procedures, workflows, internal and external control procedures and other requirements associated with a JOB ORDER CONTRACT (JOC) are critical to assuring compliance and a successful program. Ensure JOC personnel are familiar with and understand the terms of the contract they are executing. SOP OUTLINE. Introduction.

Contract 100

Contract Documentation Contractors Negotiation 100

Best Practices Construction Law

JUNE 24, 2016

Recently, a court addressed the question about whether a text message can constitute a writing sufficient under the Statute of Frauds to create an enforceable contract. When the Buyer’s agent asked for a copy of the Seller’s executed documents, Seller’s agent sent the following text: [Seller] was out of town today.

Contract 91

Contract Claims Documentation Change Orders 91

NH Construction Law

JULY 22, 2023

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. In Costa v. Brait Builders Corp. , 2d 279 (Ga.

Subcontracting 40

Subcontracting Contract Contractors New Hampshire 40

Job Order Contracting

OCTOBER 25, 2017

Work execution and contract administration. It’s generally considered that numerous and repetitive renovation, repair, maintenance, and/or sustainability work, and minor new construction with a minimum annual volume of $2M is appropriate for job order contracting. Development of acquisition/procurement approach. Monitoring.

Contract 100

Contract Contractors Conference Plans 100

Constructlaw

NOVEMBER 2, 2022

The Texas Court of Appeals recently affirmed a ruling, granting the city of Conroe governmental immunity from a contractor’s lawsuit, asserting claims for breach of contract and violation of the Texas Public Prompt Pay Act. million contract for the construction and widening of a section of public roadway. Gov’t Code Ann.

Texas 52

Texas Change Orders Claims Contract 52

Best Practices Construction Law

SEPTEMBER 25, 2020

And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. for breach of contract for nonpayment, claims for delay damages and enforcement of its lien rights. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

Compensation 97

Compensation Lien Claims North Carolina 97

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

Lien 71

Lien Claims Massachusetts Contract 71

Constructlaw

JULY 12, 2022

DonRob representatives did not appear at the closing, contending that 360 had failed to timely provide all necessary documents and that this failure was a breach of the Agreement. DonRob counterclaimed for breach of contract. million in Site improvements and other work. million in Site improvements and other work. DonRob appealed.

Contract 52

Contract Liability Agreement Georgia 52

BD+C

OCTOBER 7, 2024

This comprehensive evaluation included the removal and documentation of dislodged stone units, examination of mortar joint conditions, and assessment of masonry veneer anchor assemblies. 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

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. If you correct any logic flaws found in the schedule, make sure to document and explain the changes at the time they are made.

Claims 76

Claims Compensation Schedule Guidelines 76

Lets Build

JANUARY 5, 2022

Simply, it refers to extraordinary, unusual, unforeseen events that surpass the practical control of an individual or a group to a contract that prevents a party from fulfilling an obligation or obligations under that contract. wars and other conflicts like terrorism. unusually unfavorable weather conditions. epidemics or pandemics.

Construction 146

Construction Schedule Contract Claims 146

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