Best Practices Construction Law

AUGUST 10, 2017

In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. Or when parties use the word “may” in their contract, performance is permissive or optional given the plain meaning of the word. And you don’t always mean what you say. For example, in TM Delmarva Power v.

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Contract Agreement Virginia Construction 79

Construction Law Monitor

OCTOBER 26, 2010

Many experts believe that the AIA standard form contracts are drafted to protect the Architect. The contract documents should be drafted to protect this individual. The contract documents should be drafted to protect this individual. Contracts need to be tailored to fit the type of project perfectly.

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Green Building Law Update

DECEMBER 3, 2017

A properly drafted green building lease may contain a provision substantially like, Landlord shall provide to Tenant reports for the amount of electricity, natural gas and fuel oil (where applicable) consumed at the building broken down by utility type, energy unit usage (e.g., A claim pending against a major U.S.

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Best Practices Construction Law

MAY 29, 2013

Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties'' agreement. The contract between PKC and the Owner provided that disputes were to be presented to a three-member DRB, which would issue findings and nonbinding recommendations to the project director.

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Claims Contract Agreement Massachusetts 48

Best Practices Construction Law

NOVEMBER 21, 2019

The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. So, what should your contracts provide? (Again, it should be noted that some states limit the enforceability of these clauses by either statute or case law. However, in Thomas J.

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Contract Subcontracting Drafting Virginia 77

Constructlaw

OCTOBER 6, 2022

The town of New Milford (Town) contracted with Standard Demolition Services, Inc. The Town filed suit against the Contractor for breach of contract to which the Contractor responded with multiple counterclaims. Contractor) to perform the third phase of this cleanup and remediation.

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Best Practices Construction Law

JULY 31, 2015

I’ve tried both and prefer a third: Contracts, which do not entertain, do not convey information or ideas, and do not try to persuade. ” In the world of commercial real estate and construction contracts, Siviglia hit the nail on the head. Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J.

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Contract Drafting Claims Agreement 48

Construction Lawyer

SEPTEMBER 3, 2014

The architect prepared a letter agreement that stated: "Any termination of this Agreement shall be per AIA Standard Contract language which is either party may terminate this agreement at any time with 7 day written notice.". Some time later, the architect drafted an AIA contract which the owner marked up with various changes.

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Agreement Claims AIA Contract 45

Best Practices Construction Law

NOVEMBER 26, 2019

In the world of construction claims, according to one court, these same rules apply—it is premature to award damages before the claim has been considered and either approved or rejected. The contractor paid the contract balance to the subcontractor, but the subcontractor filed a motion to confirm the award on the change order work.

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Change Orders Claims Contract Contractors 62

Green Building Law Update

AUGUST 8, 2015

But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.

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Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.

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Liability Maryland Green Agreement 120

Constructlaw

JULY 6, 2020

The United States Civilian Board of Contract Appeals (the “Board”) recently issued a decision that may be particularly pertinent in light of the COVID-19 pandemic. 2 The contract included all necessary labor, materials, equipment, and services. 2 The contract included all necessary labor, materials, equipment, and services.

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Claims Contract United States Site 52

Building Radar

OCTOBER 8, 2024

As the standard set of regulations governing construction contracts in Germany, mastering VOB procedures can significantly impact project success. The VOB, comprising three parts, establishes the legal framework for construction contracts in Germany. Scope of Work Clearly defining the scope of work is crucial for project success.

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Contract Construction Documentation Project Management 52

Construction Law

JULY 1, 2024

This story is only available to subscribers to the printed edition of Construction Law.

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Drafting Agreement Claims Contract 52

Construction Lawyer

FEBRUARY 5, 2014

Frequently, the parties do not consult with a construction attorney when drafting contracts. The “plain and simple” document drafted by the architect is not clear. Clarity is required and is often not present because the architect is not trained to draft contracts. All because the contract is not clear.

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Contract Agreement Drafting Documentation 40

Construction Law

JULY 1, 2024

CL guides Alliance Contracting Our latest Construction Guides series article comes from Rachel Chaplin of DLA Piper LLP who explains the increasingly popular Alliancing approach to contracting Contracts New or simply tweaked? Analysis General election promises focus on infrastructure – but will they be delivered on?

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Drafting Insurance Construction Contract 52

Construction Lawyer

JANUARY 19, 2015

The contract between the parties contained these dispute resolution provisions: § 6.2.1 Any claim arising out of or related to this Subcontract. The contract made no mention of attorneys fees, but it did incorporate the Construction Industry Arbitration Rules of the American Arbitration Association.

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Contract Subcontracting Claims Drafting 40

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. What exactly will be covered?

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Liability Agreement Drafting Insurance 69

Construction Law Monitor

SEPTEMBER 10, 2015

If you’re about to sign a construction contract, you need to be aware of some important clauses that may and/or should be incorporate into your contract. Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. We understand that contracting is never easy. ADR Clause.

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Contract Construction Compensation Liability 40

Construction Law Monitor

SEPTEMBER 10, 2015

If you’re about to sign a construction contract, you need to be aware of some important clauses that may and/or should be incorporate into your contract. Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. We understand that contracting is never easy. ADR Clause.

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Contract Construction Compensation Liability 40

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

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Contract Contractors Negotiation Subcontracting 52

Constructlaw

MARCH 10, 2023

a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.

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Connecticut Subcontracting Claims Travel 52

Construction Specifier

JUNE 19, 2020

In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., Such an assumption may be fraught with risk that may not be revealed until a problem arises during construction, such as submittal of a claim.

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Documentation Drafting Contract Claims 52

Construction Law Monitor

APRIL 5, 2012

Attention all home owners or property owners, there is only one surefire way to have that annoying illegal lien (in Louisiana called a statement of claim and privilege ) removed from the title of your property, a Mandamus action. I recently posted a Petition for Mandamus recently drafted and filed by Wolfe Law Group on JDSupra.com.

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Lien Louisiana Claims Construction 58

Best Practices Construction Law

JUNE 4, 2019

Remember that case where a court found that a string of text messages can form a binding contract ? While the case is certainly interesting and the holding appears to be novel, it appears consistent with traditional contract law principles. Lehman then sent the defendant the draft of a written settlement agreement.

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Agreement Contract Drafting Claims 61

Federal Construction Contracting Blog

APRIL 26, 2022

In the world of federal government contract disputes, a great deal of time is frequently spent drafting a request for equitable adjustment (REA) or a claim under the Contract Disputes Act. It is important in all of this for contractors to refrain from “falling in love” with their claims.

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Claims Risk Contractors Contract 52

Construction Law Monitor

MAY 30, 2012

This means that, unlike the slow judicial process, the rules by which each arbitration play by can be changed and altered based on the contracts between the parties and document that they incorporate. The key to getting this set of rules to apply is by having a good unambiguous arbitration clause in your construction contract.

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Louisiana Contract Legal Drafting 59

Constructlaw

NOVEMBER 9, 2022

Subcontractor Spirtas Worldwide LLC filed a Miller Act claim against contractor SGLC Consulting LLC to recover the cost of materials provided and labor performed on a project for the U.S. The court then noted that whether the TPA was valid centered around whether SGLC’s signature was necessary to officially form a contract.

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Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

Subcontractor Spirtas Worldwide LLC filed a Miller Act claim against contractor SGLC Consulting LLC to recover the cost of materials provided and labor performed on a project for the U.S. The court then noted that whether the TPA was valid centered around whether SGLC’s signature was necessary to officially form a contract.

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Agreement Illinois Contract Bidding 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.

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Insurance Liability Claims 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. Numerous individual claims.

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Construction Claims Contractors US 52

Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. For example, did you know that your email communications can be used to establish an enforceable contract, change order, or settlement? Image: Sean MacEntee.

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Tennessee Change Orders Contractors iPad 48

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. What exactly will be covered?

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Liability Agreement Drafting Insurance 52

Construction Marketing Ideas

MARCH 12, 2016

Avoid owners who insist on oppressive contract terms, have a history of problem jobs, and/or just don’t seem to know what they’re doing. Sometimes the best contracts are the ones you don’t sign. Construction attorneys do more than resolve claims. One bad project can spoil the gains from ten successful ones.

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North Carolina News Lien Construction 48

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

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California Contractors Liability Employment 49

Green Building Law Update

JUNE 14, 2020

creating a re-occupancy assessment and requirements for an operations plan and the drafting of a management and operations plan. It is a social science study that requires keeping a daily journal of plan implementation including answering questions like, “Are you in control of your life?”.

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Green Risk Plans Safety 120

Levelset

SEPTEMBER 7, 2022

Professional liability insurance protects against claims related to professional negligence. When a contractor enters into a construction contract, they agree to fulfill a certain set of requirements for another party—often a general contractor. What does professional liability insurance not cover?

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