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

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. Legal scholars can have at it. And such is a big deal in this consideration when the Department of Defense is the largest owner of green buildings.

Green 120

Green Contract Documentation Claims 120

Green Building Law Update

MARCH 27, 2016

Resolute alleges in its pleadings that in 2012 Greenpeace published defamatory articles critical of Resolute’s forestry and corporate practices, even after publicly retracting its claims after Resolute threatened litigation, and secretly disseminated them to Resolute’s customers.

Claims 120

Claims Defense Organization Products 120

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 22, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. There is no morally defensible reason for not doing everything in our power to end modern slavery and human trafficking. yes, this blog will continue).

Legal 177

Legal Risk Sustainability California 177

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

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.

Insurance 98

Insurance Liability Claims Injury 98

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

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

Construction Lawyer

APRIL 19, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. 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. A Legally Inclined Weblog. >.

Nevada 40

Nevada Claims Illinois AIA 40

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

Construction Lawyer

AUGUST 30, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. 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. A Legally Inclined Weblog. >. In United States v.

Claims 40

Claims Engineering Illinois AIA 40

FDR Safety

MARCH 19, 2020

Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights. Unlike non-supervisory employees, the statements and admissions of a supervisor may legally bind the company.

OSHA 156

OSHA Inspections Employment Conference 156

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. 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. A Legally Inclined Weblog. >.

Claims 40

Claims Agreement Illinois Subcontracting 40

Construction Marketing Ideas

FEBRUARY 6, 2015

The Cobb Law Group ‘s blog: Georgia Construction, Bond and Lien Law Blog , has been a finalist in previous Best Construction Blog competitions , and continues to provide a combination of solid legal advice and more general commentary, some of which is more lighthearted than the blog’s necessarily serious primary topic.

Construction 48

Construction Defense Legal Claims 48

Construction Specifier

JANUARY 13, 2025

LEED AP, Vivian Volz, CSI, AIA, LEED AP, SCIP Photo courtesy Tao Group Solutions After years of grappling with client callbacks, legal disputes, and financial losses from poor polished concrete installations, the industry has reached a breaking point: prohibit polished concrete.

Concrete 105

Concrete Design CSI AIA 105

Construction and Infrastructure Law

JANUARY 9, 2020

An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability. This includes employees, agents, subcontractors, or any other similar party.

Liability 69

Liability Agreement Drafting Insurance 69

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

NH Construction Law

JANUARY 30, 2022

1990) (applying New Hampshire law) (“If some of the claims against the insured fall within the terms of coverage, and some without, the insured must still defend the entire claim (at least until it is apparent that no recovery under the covered theory can be had).”) City of Keene , 898 F.2d 2d 265, 269 (1st Cir.

Insurance 40

Insurance Liability Defense New Hampshire 40

Construction Lawyer

MARCH 27, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. 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. A Legally Inclined Weblog. >.

Architecture 58

Architecture Illinois AIA Chicago 58

Buisness Facilities Contributed Content

JUNE 5, 2013

Although he didn’t actually build many of the computer-driven machines and manufacturing systems his patents envisioned, Lemelson would wait until those systems were widely in use and then file a broadly written patent infringement claim against them. They called him “the candy-store scientist.”

Claims 51

Claims New York City New York Defense 51

NH Construction Law

JULY 21, 2019

How many bites at the apple is a litigant given to prove his claim? This principle finds expression in a legal doctrine called res judicata , also known as claim preclusion, which “prevents parties from relitigating matters actually litigated and matters that could have been litigated in the first action.”

Claims 40

Claims New Hampshire Insurance Employment 40

FDR Safety

NOVEMBER 29, 2016

It is entirely reasonable and legally defensible to require employees who are aware that they suffered an injury to report that injury before they leave the facility at the end of their shift, or within 8 hours of becoming aware of the injury, whichever is earlier. or a state workers’ compensation system.

Injury 120

Injury OSHA Safety Employment 120

Levelset

MAY 16, 2022

On-demand legal help you can afford. Legal Guard puts a team of construction attorneys in your corner, on call for contract review or legal advice when you need it. Visit the PA Home Improvement Contractor Registration website for more details. Learn more.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Best Practices Construction Law

NOVEMBER 21, 2019

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. It is worth the effort to seek legal advice from an attorney in your jurisdiction about these issues prior to drafting and executing contracts with other parties.

Contract 77

Contract Subcontracting Drafting Virginia 77

Best Practices Construction Law

MAY 31, 2016

Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. 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. This is a must read! In County of Galveston v.

Claims 48

Claims Compensation Contract Contractors 48

Levelset

SEPTEMBER 30, 2022

If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . A large claim against your business could have a devastating financial effect that could threaten your livelihood. Does a carpenter need insurance? Carpentry is a diverse occupation.

Insurance 52

Insurance Liability Accidents Injury 52

Levelset

SEPTEMBER 16, 2022

It pays for repairs of damages to the surrounding property, as well as legal expenses incurred during a lawsuit. The policy covers damages to property, bodily injury expenses, and legal fees caused by faulty work or installation of a faulty product. Examples of completed operations claims. Deck collapse.

Insurance 52

Insurance Liability Claims Contractors 52

Job Order Contracting

APRIL 30, 2022

Zero costs associated with disputes and claims. Fewer disputes and claims. Journal of Legal. Partnering on defense contracts. Partnering: Tool for construction claims reduction. Projects completed at or under budgeted cost. Reduced project related cost growth per change order. Increased quality satisfaction.

Construction 264

Construction Project Management Engineering Management 264

Construction and Infrastructure Law

JANUARY 9, 2020

An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability. This includes employees, agents, subcontractors, or any other similar party.

Liability 52

Liability Agreement Drafting Insurance 52

Best Practices Construction Law

JULY 29, 2015

In examining the complaint, the court in Cincinnati Insurance could not conclude that the “claims are clearly and indisputably outside the contracted coverage.” In this case, Insurance Company #1 participated in the defense of the electrical subcontractor and ultimately paid to settle the dispute. So What?

Insurance 48

Insurance Liability Claims Electrical 48

Construction Lawyer

MAY 1, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. 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. A Legally Inclined Weblog. >.

Florida 40

Florida Illinois Claims AIA 40

Construction Lawyer

APRIL 17, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. 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. A Legally Inclined Weblog. >. The court in Campbell v.

Illinois 40

Illinois AIA Chicago Insurance 40

Best Practices Construction Law

NOVEMBER 15, 2019

United States , the contractor who had been awarded a fixed price, time sensitive contractor to repair pavement at an Air Force base filed suit against the Department of Defense (“Agency”), alleging it had been wrongfully terminated for default.

Schedule 48

Schedule Contract Contractors United States 48

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. Industry-specific legal concepts.

Construction 52

Construction Claims Contractors US 52

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

Claims 40

Claims Insurance Bankruptcy Legal 40