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

Best Practices Construction Law

MARCH 18, 2021

The contractor claimed that the City breached its contract by supplying incomplete and inaccurate contract documents, which allegedly caused delays and a two-year extension to the project completion. million delay claim included approximately $2.3 In WDF, Inc. City of New York , No. 652478 (N.Y. So what?

Documentation 118

Documentation Claims Bidding Estimating 118

Levelset

OCTOBER 31, 2024

Filing a proper lien claim requires accurate information. Marjam Supply Company, highlights the importance of getting the project details correct before filing a claim. According to the contract, Marjam delivered materials and equipment to the vacant lot, which were subsequently used in project construction across the street.

Lien 52

Lien New Jersey Legal Residential 52

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. Every construction work begins with legal approval. The actual owner of land legally sets people by way of every power of attorney. Commencement Certificate.

Documentation 52

Documentation Legal Certification Agreement 52

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

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

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

Levelset

JUNE 13, 2022

In the State of New York, contractors working on certain residential projects need to have a good understanding of the NY Home Improvement Contracts Act. Here’s what NY residential contractors must include (and what can’t be included) in a New York home improvement contract. These requirements can be found under NY Gen.

New York 52

New York Contract Residential Contractors 52

Construction Law

JUNE 5, 2023

The legally binding Developer Remediation Contract (DRC) has been offered to developers to sign by the government, committing them to reimburse money spent from public funds to make some of their buildings safe. Developers have to pay to remediate buildings whether or not they will be able to recover costs from others.

Contract 52

Contract Safety Liability Insurance 52

Construction Law

NOVEMBER 4, 2024

News Our regular news round up reports on a major review of water industry regulation; a rail group urging the use of private finance; and a call for standard form contracts to be left unamended. Legal terms explained Tom Cadman of Herbert Smith Freehills LLP explains what is meant by Building Liability Orders.

Construction 40

Construction Insurance Contract Liability 40

Pro Builder

JULY 27, 2020

What Are the Legal Safeguards for Getting Back to Work? As builders and trade contractors start to get back on track following the impact of COVID-19 and its restrictions, there are legal concerns to consider. Mon, 07/27/2020 - 12:57. Mike Beirne, Senior Editor. office of Akerman. .

Legal 59

Legal OSHA Employment Liability 59

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

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

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. Lump Sum Contracts.

Contract 88

Contract Construction Finance Documentation 88

Construction Law

JULY 1, 2024

Legal terms explained Isabella Salame of Herbert Smith Freehills LLP examines what is meant by unforeseen ground conditions. Guest Editor Paul-Raphael Shehadeh of Duane Morris draws on the work of a CIA analyst to examine how sure lawyers might be when they advise clients of the chances of success in legal actions.

Drafting 52

Drafting Insurance Construction Contract 52

Levelset

MAY 11, 2022

New York State has announced a major project in the state’s buildup of its infrastructure, with billions in contracts available for contractors in state-wide projects — an early return on the US government’s renewed interest in infrastructure spending. New York bond claims. times the amount owed. Matt Viator. View profile.

New York 52

New York Claims New York City Lien 52

Best Practices Construction Law

MAY 26, 2015

For one government contractor, its claim was recently rejected by the Civilian Board of Contract Appeals because the Board found that the Contractor did not properly state its claim. 22, 2015), the Board dismissed the case for lack of jurisdiction because no underlying claim or contracting officer decision existed.

Claims 48

Claims Contractors Contract Office 48

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

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.

Contract 100

Contract Organization Change Orders Overhead 100

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

FEBRUARY 8, 2017

In Lockheed , the Army awarded two separate indefinite-delivery, indefinite-quantity, time-and-materials (“T&M”) contracts to Lockheed for various support services. Both contracts expressly incorporated FAR provisions, including 52.232-7 addressing T&M and labor-hour contracts. What did the FAR say?

Contract 48

Contract Claims Subcontracting Legal 48

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

Levelset

JUNE 3, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as both the federal and state governments explicitly prohibit private entities from claiming an interest in public property. Washington State bond claim laws. If payment isn’t received, the next step is the bond claim itself.

Washington 52

Washington Claims Lien Contract 52

Federal Construction Contracting Blog

MAY 9, 2022

Even worse, if a subcontractor fails to take prompt legal action, it can lose access to one of the most effective ways to recover the amounts due. Instead, the subcontractor must pursue its claims via the Miller Act. However, the right to make such a claim does not last forever.

Claims 52

Claims Contract Lien Materials 52

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.

Green 120

Green Contract Documentation Claims 120

Building Radar

AUGUST 22, 2024

From safety hazards to contractual disputes, the industry faces numerous liability issues that can lead to costly legal battles, project delays, and financial losses. Employers are legally required to ensure a safe working environment, and failure to do so can result in significant liability.

Liability 52

Liability Risk Legal Construction 52

Best Practices Construction Law

MAY 12, 2014

I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors. For example, in Tennessee, claims regarding improvements to real property must be brought within four years of substantial completion of the project, regardless of the date of discovery. In State v.

Claims 54

Claims Connecticut Legal Construction 54

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.

Contract 79

Contract Agreement Virginia Construction 79

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

MARCH 20, 2020

You can download a complimentary copy here: Best Practices – COVID19 and Construction Claims , but please do me a favor and subscribe to the blog on the sidebar to the right. Just enter your email, and you will receive regular updates.

Contractors 124

Contractors Claims Legal Mobility 124

Green Building Law Update

JUNE 30, 2019

The complaint avers multiple causes of action from breach of contract to fraudulent misrepresentation and negligent misrepresentation to violation of the Maryland Consumer Protection Act. However, maybe tellingly, no contracts are attached to the complaint? The case is Jeremy Simons et ux, et al v.

Maryland 120

Maryland Housing Claims Green 120

Best Practices Construction Law

JANUARY 25, 2018

This includes construction claims and clarifies when the limitations period begins to run. In its simplest terms, a statute of limitation is a time limit for bringing a lawsuit ( i.e. , you may have six years to file suit on a breach of contract dispute), and a regularly disputed issue is determining when the time period begins to run. (

Florida 59

Florida Claims Contract Construction 59

Construction Law

AUGUST 5, 2024

Legal terms explained Wei Qi Ng of Herbert Smith Freehills LLP examines what is meant by constructive acceleration. Guest editor Collaborative contracting in the UK construction industry Guest Editor Mark Macauley welcomes the shift to collaboration from the industry’s traditional adversarial relationships.

Construction 52

Construction Banking Insurance Safety 52

Building Radar

JULY 30, 2024

In the construction industry, the term “substantial completion” plays a crucial role in defining when a project is considered complete from a legal and practical standpoint. It often triggers various contractual and legal obligations, such as final payments and the start of warranties.

Legal 52

Legal Construction Lien Liability 52

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.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Economic losses flowing from fraud related to such a contract are not recoverable.

Colorado 52

Colorado Tennessee Claims Contract 52

Construction Dive

APRIL 17, 2013

Few pause to consider the source of these rights or the distinctions among legal claims. Take, for instance, the distinction between negligence-based tort claims and claims under a contract. The negligence claim was dismissed. Most in our society are keenly aware they have rights.

Claims 48

Claims Kentucky AIA Legal 48