Contractor Bookkeeping

MAY 10, 2024

You must also ensure that your paperwork, documents, and contracts are in order. This is a mark of professionalism and can also help if you have an insurance or legal claim. It's essential to keep a paper trail of your work and practice due diligence.

Documentation 125

Documentation Insurance Legal Claims 125

Green Building Law Update

SEPTEMBER 23, 2018

In an era when concern over legal liability for building claims is real, not only enforced by the FTC and state attorneys’ generals, but also in consumer class action suits, it is likely unwise to make the claim that a building is net zero energy use or the like, what does net zero mean?

Certification 296

Certification DC Site Green 296

Construction Law

MARCH 4, 2025

News Our regular news round up looks at a report predicting a rise in cladding related professional indemnity policy claims; a rise in PFI handback condition disputes; and major Heathrow Airport investment plans. Thea Maertens , a legal director at Gateley Legal, explores other legal routes that could help to mitigate big bills from HMRC.

Construction 40

Construction Procurement Legal Insurance 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

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

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

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. ” Second, claims succeed or fail based upon the documentation. Your claim is a story, and it must be told based upon the contemporaneous records on the project.

Contract 91

Contract Claims Documentation Change Orders 91

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

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

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

Mr Ethics

JUNE 19, 2015

s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. Those contracting with LLC’s generally know what they are about. Consult legal counsel about the pros and cons of a LLC and then use it properly if formed.

Legal 100

Legal Liability Drawings Claims 100

Mr Ethics

JUNE 19, 2015

s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. Those contracting with LLC’s generally know what they are about. Consult legal counsel about the pros and cons of a LLC and then use it properly if formed.

Legal 100

Legal Liability Drawings Claims 100

Mr Ethics

JUNE 19, 2015

s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. Those contracting with LLC’s generally know what they are about. Consult legal counsel about the pros and cons of a LLC and then use it properly if formed.

Legal 100

Legal Liability Drawings Claims 100

Carol Hagen

JANUARY 14, 2013

A file of jpeg1, jpeg2, etc taken at jobsite X on a given date really doesn’t help if a legal claim crops up a few years from now. All the other Apps I’ve seen lock you into an annual contract for you to have access to your photos once the project is completed.

Construction 160

Construction Documentation Organization Legal 160

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

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

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

FEBRUARY 1, 2024

under Contract No. KBR) made material misrepresentations in its proposal, rendering the fully-performed contract void ab initio. Background: The contract in question, executed on July 9, 2013, was for the construction of an Aegis Ashore Missile Defense System site in Deveselu, Romania, with a firm, fixed-price amount of $134,211,592.

Defense 62

Defense Contract Subcontracting Engineering 62

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

Construction Law

APRIL 1, 2025

Legal terms explained Tse Wei Lim and Yun Wen Soh of Herbert Smith Freehills LLP explain what decennial liability means. Only claims against bodies subject to a relevant liability will succeed, the TCC has ruled. A fresh approach to drafting and risk allocation will be needed, they argue.

Drafting 40

Drafting Insurance Construction Liability 40

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

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

Lets Build

NOVEMBER 12, 2020

Mistrust and punitive contracts torment the value chain as a result of the absence of a clear communication path throughout it. The first thing you do when you get together to build something is to sign a contract about how you are going to solve things when you go to court. Align everyone. Work smarter.

Industrial 167

Industrial Construction Project Management Claims 167

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.

Claims 118

Claims Compensation Contract Contractors 118

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.” Like every legal question, the answer is: It depends! In Schindler v.

Claims 82

Claims Contract Legal New York 82

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

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

Federal Construction Contracting Blog

OCTOBER 28, 2024

Contractors often seek to recover attorneys fees if they successfully present and resolve a claim, either through a negotiated settlement or litigation. entered into a contract with the U.S. After failing to resolve the request, the contractor submitted and litigated claims regarding deductive credits and liquidated damages.

Legal 52

Legal Contractors 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

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. ConsensusDOCS claims to have an industry first with its form 310 “Green Building Addendum.” Contracts need to be tailored to fit the type of project perfectly.

AIA 61

AIA Contract Documentation Drafting 61

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

Constructonomics

OCTOBER 3, 2010

While insurance policies are written with the understanding that some claims will be made, surety bonds are written to prevent fraud and other potential problems—with the intention of avoiding claims. The obligee —the entity (typically a government agency) that requires the bond, thus receiving its legal financial protection.

Contractors 140

Contractors Regulation Insurance Claims 140

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

Construction Dive

FEBRUARY 21, 2013

Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract. To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been. Sometimes, however, parties knowingly contract with the unlicensed.

Contractors 77

Contractors Bargains Subcontracting Claims 77

Cassell Construction Estimating

MAY 17, 2014

Use the entire contract duration in the initial project schedule (IPS). Promising early completion carries significant legal implications, and is therefore often unwise. Constraints should be determined by the Contract. Cost load the schedule activities to total the contract value. Don’t leave any open-ended activities.

Schedule 100

Schedule Consulting Legal Hawaii 100

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

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