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. 59637 (Feb.

Claims 62

Claims Compensation Overhead Defense 62

Green Building Law Update

FEBRUARY 7, 2021

Ignorance is not a defense. A business saying though an ESG statement on their website that they are concerned about modern slavery may sound nice, but in 2021 when so many are talking about ESG, that claim will not resonate and quite frankly falls short of what a private enterprise should be doing to prevent these crimes.

Equity 257

Equity Sustainability Defense Green 257

Green Building Law Update

JANUARY 5, 2020

And significantly there is no defense for an issued permit or claim of preemption by other state or federal laws. The partnership’s complaint asks the court to declare the voter enactment unconstitutional on several grounds and also claims it violates a variety of state laws.

New Hampshire 218

New Hampshire Legal Claims DC 218

Green Building Law Update

AUGUST 5, 2018

According to a representative of the North Carolina Pork Council who was in the courtroom for closing arguments, the plaintiffs’ Texas lawyer acknowledged there are no health claims, and no injuries, but he appealed to the grandparents on the jury, a “grandpa should smell like lemon drops, not hog,” he said.

North Carolina 168

North Carolina Sustainability Claims Iowa 168

Construction Dive

OCTOBER 7, 2012

It’s an old sports cliché: the best defense is a good offense. In claims litigation, this strategy has been in evidence for years. A recent case, however, illustrated a pitfall to this aggressive response. The engineer sued to collect approximately $50,000 in compensation. million in damages.

Defense 48

Defense Claims Compensation Agreement 48

Green Building Law Update

NOVEMBER 5, 2017

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. And such is a big deal in this consideration when the Department of Defense is the largest owner of green buildings. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Construction Dive

JANUARY 8, 2015

By Bruce Jervis Unpaid subcontractors and suppliers have long been frustrated by the slow processing of claims against payment bonds. The state “Little Miller Act” requires public works payment bond sureties to either pay or deny – based on stated good faith grounds – within 90 days of receipt of a claim.

Claims 48

Claims Connecticut Defense Security 48

Green Building Law Update

JANUARY 19, 2020

In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection for existing contamination before signing leases. In this new decade when cursed energy is “out” and dark energy is “in” Phase I ESAs ordered by prospective tenants are in.

Liability 156

Liability Leases Defense Commercial 156

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

Green Building Law Update

AUGUST 30, 2020

In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection from existing contamination before signing leases. So while instructive, it provided little, if any, comfort to tenants.

Site 156

Site Liability Leases Defense 156

Job Order Contracting

JULY 24, 2023

private interest sued the United States as a “bid protest to challenge the decision of the Department of Defense (“DOD”) to standardize its facility condition assessment needs through the Sustainment Management System (“SMS”)”2 2014: NNSA implements BUILDER with two pilots (Lawrence Livermore National Laboratory and Pantex Plant) 1 S.

Defense 135

Defense United States Inspections Accounting 135

Lets Build

FEBRUARY 4, 2021

In any other case, claims will always wait for you just around the corner, putting extra pressure on the project’s budget and generating a multitude of administrative tasks. This administrative nightmare is the first step towards slower decision making, misunderstandings, and all in all costly and time-consuming claims.

Site 158

Site Project Management Schedule Claims 158

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. A claim pending against a major U.S.

Green 120

Green Risk Claims Drafting 120

NH Construction Law

JUNE 26, 2023

The federal False Claims Act (FCA), 31 U.S.C. § imposes liability for knowingly making a false or fraudulent “claim,” or a false record or statement material to such a claim, in order to obtain funds from the federal government. § 3729 et seq., 31 U.S.C. § § 3729(b)(2). In United States ex rel.

Claims 40

Claims United States Liability Materials 40

Levelset

AUGUST 30, 2024

These acts represent a substantial shift in how payment bond defenses are handled for sureties under both the Public Works Act and the Private Works Act. The new laws expand the defenses available to sureties. The courts rejected these defenses because allowing sureties to do so would contradict the Private or Public Works Acts.

Louisiana 52

Louisiana Materials Defense Claims 52

Green Building Law Update

MARCH 31, 2019

In 2002, as part of the Small Business Liability Relief and Brownfields Revitalization Act, the BFPP definition was amended to include the parenthetical phrase “(or a tenant of a person)” in the description of who can claim the BFPP defense, but there was no other direction on the treatment of tenants.

Liability 120

Liability Leases Defense Commercial 120

Best Practices Construction Law

JUNE 21, 2016

shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. ” The appellate court also found that actual knowledge of the delays and claims did not excuse the subcontractor from complying with the the notice requirements of the contract. .”

Claims 82

Claims Contract Legal New York 82

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. In County of Galveston v.

Claims 118

Claims Compensation Contract Contractors 118

Construction Dive

JUNE 25, 2014

Project owners are quick to raise licensing deficiencies as a defense to a payment claim. Featured in this Week’s Construction Claims Advisor:Contractor Licensed ‘At All Times’ Despite Change in Business StatusBoard Addresses Recovery of Appeal Costs' The reason is obvious.

Compensation 60

Compensation Claims Defense Contractors 60

Federal Construction Contracting Blog

JUNE 7, 2022

As two recent Armed Services Board of Contract Appeals (the Board) decisions involving contractor claims for COVID-19-related costs illustrate, the distinction between these two roles can make or break a contractor’s claim. As the Court of Claims in Jones v. On appeal, the Air Force asserted the Sovereign Acts defense.

Defense 59

Defense Contract Claims Contractors 59

Best Practices Construction Law

MARCH 5, 2018

Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. While the court’s decision focused on the type of allegations necessary to prove fraud on the FCA, the opinion is instructive to avoid FCA claims. Jesse Sloan v.

Claims 63

Claims Certification Fabrication Inspections 63

Green Building Law Update

APRIL 19, 2020

The Department of Defense has identified 15 bases in Maryland “known to have releases of PFAS.” It has been suggested this legislation will put in jeopardy claims within Maryland in the national fire-fighting foam multidistrict litigation in South Carolina. A peer reviewed study cited approvingly by the EPA describes 99.7%

Maryland 177

Maryland Permits South Carolina Baltimore 177

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.”. Medical expenses, property damage, and legal defense costs can grow quickly. Cyber insurance.

Insurance 98

Insurance Liability Claims Injury 98

Construction Dive

NOVEMBER 27, 2012

It also provides project owners with an excellent defense to contractor claims. Featured in this Week’s Construction Claims Advisor:Performance Specs Defeat Claim for Defective DrawingsDelay Disclaimer in Highway Specification Ruled UnenforceableMechanic’s Lien Took Priority over Previously Recorded Mortgages

Lien 48

Lien Claims Defense Documentation 48

Green Building Law Update

AUGUST 22, 2021

Claims about human rights including that no slaves or indentured servants are involved in a business or its supply chain are not new, and have been prevalent, for example, since the 1660s with the Quakers in England who included those representations in promoting their businesses. Additionally, it is suggested in the U.S.

Legal 177

Legal Risk Sustainability California 177

Constructlaw

FEBRUARY 24, 2021

The one potential exception, and most interesting update in our view, is the LCIA’s adoption of an express procedure that enables tribunals to render “Early Determinations” on certain claims prior to the arbitration hearing that are “manifestly without merit.” Specifically, Article 22.1(viii) This authority is significant because, unlike U.S.

Claims 52

Claims Defense New York Management 52

Best Practices Construction Law

MAY 14, 2012

35, (2011), the Arizona Court of Appeals held that the defense of lack of licensure could be waived if not timely and appropriately raised in an arbitration proceeding. The Court also reasoned that even if it was a quantum meruit claim the amount was not liquidated or still in dispute until an award was made and thus fees are not recoverable.

Lien 48

Lien Defense Las Vegas Construction 48

Best Practices Construction Law

JUNE 21, 2022

The APTIM decision expressly addresses the Sovereign Acts defense, which ultimately denied the contractor’s claim for additional compensation. However, the case does establish implicitly that a work stoppage due to COVID-19 can support the basis for a time extension.

Contract 62

Contract Contractors Compensation Site 62

Construction Lawyer

APRIL 19, 2009

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. Economic Loss Doctrine bars Nevada claims against Architect. He has handled all facets of litigation from pleading to motion practice to discovery to trial.

Nevada 40

Nevada Claims Illinois AIA 40

Construction Lawyer

MARCH 15, 2014

The court rejected this argument as inadequate because the plaintiff relied exclusively on the similarities and offered nothing to rebut the independent creation defense. A copyright infringement claim has two elements: (1) ownership of a valid copyright; and (2) copying of constituent elements of the work that are original.

Claims 45

Claims Plans Drawings Defense 45

Federal Construction Contracting Blog

FEBRUARY 22, 2024

Nevertheless, Sanford claimed that Caldaia’s protest was non-specific because the publicly available financial information it relied on included contracts awarded in 2023, which would not generate any income until fiscal year 2024. Sanford appealed the Area Office’s decision to the SBA’s Office of Hearing and Appeals (OHA).

Contract 98

Contract Office Certification Procurement 98

Construction Lawyer

AUGUST 30, 2007

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. False Claims lands Engineer in jail. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts. 3d 314 (C.A.3

Claims 40

Claims Engineering Illinois AIA 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. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Dive

MARCH 19, 2014

They cannot be used against an insured to deny a tender of defense. Thus, “Other Insurance” clauses only can govern the later division of responsibility between those insurers for the cost of defending the insured. Read more.'

Insurance 48

Insurance Defense Liability Claims 48

Federal Construction Contracting Blog

DECEMBER 9, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. The Navy denied the claim, and the contractor appealed that decision to the ASBCA. The Navy denied these requests.

Contractors 52

Contractors Contract Defense Claims 52

Construction Dive

FEBRUARY 26, 2014

Featured in this Week’s Construction Claims Advisor:‘Pay-When-Paid’ Clause No Defense to Miller Act ClaimRecovery for Idled Equipment Narrowly DefinedSub Bounced from Court Due to Misrepresentation' The court rejected this argument.

Subcontracting 54

Subcontracting Defense Claims Contractors 54

Construction Dive

NOVEMBER 12, 2015

By Bruce Jervis On a public works contract, a “sovereign act” is the ultimate government defense to a contractor claim for additional compensation. A sovereign act occurs when the public project owner ? the government agency ? establishes a policy that is public and general in nature.

Compensation 48

Compensation Defense Contract Claims 48