Best Practices Construction Law

NOVEMBER 21, 2019

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

Contract 77

Contract Subcontracting Drafting Virginia 77

Construction Dive

DECEMBER 12, 2012

The Tennessee Court of Appeals ruled that an owner’s withholding of liquidated damages was a “claim” within the meaning of the AIA general conditions. The owner was required to give formal written notice of claim within 21 days after the contractual completion deadline passed.

Claims 48

Claims Tennessee Subcontracting AIA 48

Construction Dive

OCTOBER 28, 2012

By Bruce Jervis When a private company -- designer, constructor or manager -- contracts with a government entity, should that company’s dealings with other private companies be a matter of public record? The contract called for the design, management and construction of public schools.

Contract 48

Contract Subcontracting Documentation Minnesota 48

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. ,

Claims 82

Claims Contract Legal New York 82

Best Practices Construction Law

JULY 31, 2013

Wilson Contracting , the Tennessee Court of Appeals reviewed a case involving a project at Key Field in Mississippi. The prime contractor, Wilson, subcontracted the paving work (including the resurfacing of existing runways and paving of new runways) to Foster. In Foster & Creighton Company v. The Lesson.

Claims 86

Claims Subcontracting Mississippi Tennessee 86

Constructlaw

JUNE 22, 2020

Environmental Safety Corporation’s (“PAL”) complaint alleging numerous causes of action in connection with its suit against CEC … Continue reading Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering the Same Subject Matter.

Michigan 52

Michigan Permits Claims Contract 52

Construction Marketing

JULY 24, 2014

Contract type. Value of the project and often value of major subcontracts. RCD claims to have a stronger group of reporters on private projects. Dodge does the same kind of thing through their hands-on customer service, which they claim as a huge differentiator. Type of work, such as new construction or addition.

Construction 218

Construction Claims Products Commercial 218

Construction Dive

OCTOBER 21, 2012

There are several steps that subcontractors should take if they want to maintain their rights to file delay claims, Navigant Construction Forum Executive Director James Zack said during a webinar that WPL Publishing held earlier this month. Zack and Navigant Consulting Inc. ” Read more.

Claims 48

Claims Subcontracting Bidding Negotiation 48

NH Construction Law

NOVEMBER 30, 2020

in the United States District Court for any district in which the contract was to be performed and executed.” Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. What if the parties’ contract calls for arbitration?

Claims 40

Claims Subcontracting United States Contract 40

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

Construction Dive

FEBRUARY 21, 2013

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

Contractors 65

Contractors Bargains Subcontracting Claims 65

Construction Dive

JANUARY 9, 2013

It may affect the enforceability of the contract clause itself. A payment clause in a subcontract stated that payment by the project owner to the prime contractor was a “condition precedent” to the contractor’s obligation to pay the subcontractor. This is clear, longstanding legal terminology.

Contract 48

Contract Subcontracting Legal Ohio 48

NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. ” Paisner v. Renaud , 102 N.H.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Construction Marketing

DECEMBER 22, 2010

Contract type. Value of the project and often value of major subcontracts. RCD claims to have a stronger group of reporters on private projects. Dodge does the same kind of thing through their hands-on customer service, which they claim as a huge differentiator. Type of work, such as new construction or addition.

Construction 238

Construction Remodeling Claims Products 238

Job Order Contracting

SEPTEMBER 25, 2017

Each has its associated contract types, which may include… Lump Sum or Fixed Price. Owner first contracts Design Professional. Involves multiple contracts and intensive professional management. ? A single entity provides both design and construction services per the bidding document and final signed contract documents.

Bidding 100

Bidding Construction Documentation Subcontracting 100

Constructlaw

APRIL 20, 2023

Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). FE&C’s amended complaint also included claims for violation of the Tennessee PPA.

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Safety Services Company

MARCH 5, 2013

In the letters, Barminco claimed the performance was in violation of the company’s “core values of safety, integrity and excellence.” The dismissal letters forbid any of the group from being “subcontracted by Barminco at any site domestically and globally.”. based in South Africa, when the video hit the internet.

Safety 99

Safety Subcontracting United States Accidents 99

Green Building Law Update

DECEMBER 13, 2015

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.

Foundation 120

Foundation Liability Maryland Claims 120

Construction Law Monitor

NOVEMBER 2, 2011

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.

Contract 56

Contract Change Orders Lien Contractors 56

ENR Construction

JUNE 15, 2022

agreement resolves claims of subcontracting kickbacks and bid rigging related to firm's past LOGCAP military operations support contract in Iraq. Justice Dept.

Contract 36

Contract Subcontracting Agreement Claims 36

Building Information Management

OCTOBER 23, 2013

Why the Job Order Contracting model could work in Canada. A proven contracting methodology from the United States may be a model for solving some of Canada’s current contracting demands. In this way, JOC is similar to the standing order contracting that we are familiar with, with a few important differences.

Contract 45

Contract Procurement United States Subcontracting 45

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In Kellogg Brown & Root Servs., million; and. million; and. million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

Federal Construction Contracting Blog

JULY 31, 2024

Under the Small Business Administrations (SBA) mentor-protg program, smaller businesses are afforded the tools to compete for government contracts by partnering with larger businesses that serve as mentors to the small businesses. of the TRADOC contract work was allocated to Threat Tec, with the remaining 49.4% to Yorktown.

Subcontracting 52

Subcontracting Agreement Regulation Contract 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.

Connecticut 52

Connecticut Subcontracting Claims Travel 52

Construction Dive

DECEMBER 19, 2012

The bonds incorporate the terms of the construction contract or subcontract by reference. And those contracts authorize alteration through change orders. But what if the surety discovers that the change order process has radically altered the contract it originally agreed to cover? ” Read more.

Change Orders 48

Change Orders Subcontracting Negotiation Contract 48

Constructlaw

JULY 14, 2022

together, ASD or Owner) contracted Sweet Construction Corp. Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). The Subcontract contained two signature lines, one for “Sweet Construction Approval” and one for “Arenson Office Furnishings Approval.” Bank of America, N.A.

Subcontracting 52

Subcontracting Banking Contract Claims 52

Construction Dive

DECEMBER 5, 2012

It can also be used to support claims for delay and disruption. ” These clauses are common in subcontracts. Prime contract schedules are frequently altered by the project owner or other factors beyond the contractor’s control. A contractor may want flexibility in scheduling subcontracted work.

Schedule 48

Schedule Subcontracting Claims Agreement 48

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. Demand for arbitration shall be filed in writing with the other party to this Subcontract and with the American Arbitration Association, and a copy shall be filed with the Architect.

Contract 40

Contract Subcontracting Claims Drafting 40

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. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40

Claims Agreement Illinois Subcontracting 40

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.”. Such an occurrence could threaten the existence of your contracting business. Cyber insurance.

Insurance 98

Insurance Liability Claims Injury 98

Federal Construction Contracting Blog

JUNE 27, 2024

million to resolve alleged False Claims Act (FCA) violations stemming from contracts intended to provide a secure online environment for applications by low-income New York residents for federal rental assistance during the COVID-19 pandemic. OTDA entered into a contract with Guidehouse, Inc.,

Contractors 52

Contractors Subcontracting New York Income 52

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. The shorter, easier, and more concise a contract is, the better it protects you.

Contractors 98

Contractors Contract Legal Change Orders 98

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

Construction Dive

AUGUST 11, 2016

By Bruce Jervis When a contractor is preparing to submit a binding bid on a contract, the contractor is necessarily reliant on the price quotations it receives from prospective subcontractors and suppliers. Featured … Bidder’s Reliance on Subcontractor Quote Not ReasonableDescriptive Narrative Insufficient to Support Claim

Subcontracting 48

Subcontracting Bidding Claims Contractors 48

Carol Hagen

AUGUST 31, 2009

I spoke with a subcontracting firm (company B) that did the opposite of what was described above. A general contracting firm claimed they had not approved of a change order (they themselves did not archive their own email) and this subcontractor showed them a copy of their email approval.

Subcontracting 100

Subcontracting Documentation Change Orders Legal 100

Construction Dive

MAY 21, 2014

Construction contracts usually address the matter of site access. Featured in this Week’s Construction Claims Advisor:Creative Procurement Violated Bidding Statutes‘Unrestricted’ Site Access Not Necessarily a WarrantyLump Sum Bid Did Not Violate Subcontracting Limitations Clause'

Site 53

Site Subcontracting Bidding Procurement 53

Construction Dive

JANUARY 9, 2014

The prime contractor took the position with the VA that this was an excusable delay and requested a 48-day extension of the prime contract performance period. The contractor defaulted the sub for failure to maintain the subcontract schedule. At the same time, the contractor told its subcontractor the delay was not excusable.

Contractors 55

Contractors Subcontracting New York Claims 55