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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. The contractor’s $15.7
With Helene and Milton estimated to have cost tens of billions of dollars in damage, it’s important for businesses to carefully document the impact when filing insurance claims.
In construction, documentation is always key. As a Project Manager, you need to be able at any time to retrieve critical data that will allow you to efficiently manage claims in your projects. The smallest mistake and you can quickly end up fighting against claims that can block your project and cost you thousands of Euros.
A recent Colorado Court of Appeals decision offers essential guidance for subcontractors filing claims under the Colorado Public Works Act. The case clarifies what can and cannot be included in a verified statement of claim, particularly concerning delay damages, and highlights the severe consequences of filing an excessive claim.
A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. In a letter reprinted in part in the local print media, Assistant City Attorney Cara Silver said, "very little of the LEED documentation appear to be present." Photo credit. Mitchell Park Library.
Architects and engineers (A/Es) regularly prepare the contract documents for projects, starting with the contract between the A/E and the owner and following with the contract documents between the owner and the prime contractor.
JOC Construction RFP Planning and Procurement – Program Contract Organization, Documents/Bid Packages/Forms/Checklists/Approvals, Roles in Construction Projects, and Contractor Selection. Claims and Disputes. JOC Program Planning – Tools and Services Evaluation and Selection (Unit Price Book, Services, Technology).
Without a doubt, photo documentation is one of the most essential aspects of field reporting and field tracking. This is why it is important that all stakeholders take extremely detailed photos that document every step of their work on site. Stay protected against claims.
Proactive correction of unsafe behaviors, along with documentation of your actions, is imperative. To avoid these “nuclear” verdicts, plaintiff and carrier defense attorneys agreed that crash avoidance is everything. Dash cam video clips can also be pivotal in proving that your driver was doing the right things at the right time.
Filing a roof replacement insurance claim may be your only chance of taking care of the necessary repairs and renovations, especially after a huge storm, water damage, or other calamities and catastrophes. This having been said, here are 5 tips for filing a roof replacement insurance claim. Take Pictures and Document the Damages.
This article outlines three important documents that you’ll need in order to start and run a profitable business. Something as simple as a customer tripping over a hammer and hurting themselves could result in an accident claim – and without insurance, you could end up facing hefty fines and legal battles. Legal Documents.
Construction documents help keep your projects organized and guide the construction process from start to finish. Having access to these construction documents puts information into the hands of the right people at the right time, so decisions can be made quickly and action can be taken to finish projects on time and within scope. .
Homebuyers are making claims of false advertising over “Net Zero LEED certified” houses in midtown Sacramento – that may be neither. According to print media accounts , 17 of the 34 homebuyers filed a statement of claim on September 30, 2016 commencing an arbitration proceeding against Pacific Housing, Inc., But are they?
Unfortuately, a week after completion, you receive a claim letter from the other side. Some documents may be downright embarrassing to you or your colleagues. Finally, your major construction project is complete. Annoyed, you draft a denial. They file suit.
The alleged episodes took place at an ExxonMobil plant in Texas before the worker was laid off in retaliation for complaining, according to court documents.
Contributing factors might include a missed closeout or handover deadlines, incomplete handover documentation or the inability to collect final payment on time. In the worst cases, disputes arise, claims are filed and reputations are damaged. Additional challenges contractors face can include:'
You must also ensure that your paperwork, documents, and contracts are in order. Keeping all your working documents in order shows that you treat your business, customers, and subcontractors responsibly. This is a mark of professionalism and can also help if you have an insurance or legal claim.
While I make no claim to prognosticative powers, I think there are a few tech trends and changes coming in 2013 for the construction industry that will make the “should happen” list for many contractors. Documents become as important as data in construction project management. For years, document management meant “going paperless.”
Believe it or not, there are always a wealth of emails and other documents produced in litigation that help “make the case” for the other side. We also need to consult the claims team to determine how late we really are. ” Best Practices advises that you should have a written document management policy in place.
It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. If you correct any logic flaws found in the schedule, make sure to document and explain the changes at the time they are made.
Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. No matter the size of the project, proper documentation will eliminate a number of disputes.
To get the most from an insurance claim involving property restoration, it is best practice to openly communicate and collaborate with both your agent and restoration company. Work with your insurer to streamline the claims process and set-up timely payments for restoration services.
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. With over a million contract documents licensed on an annual basis, the AIA’s form construction documents are the most widely used contract documents in the industry.
This is why giving your site teams access to the documents and drawings they need at any time even when you are not on site is so crucial. So you can quickly find yourself lost in a sea of disconnected information unable to trace and resolve constraints or find the information you need to raise or respond to a claim.
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.
The rule , which was issued late last week and goes into effect within 90 days, provides new means for employees to pursue claims that they have suffered retaliation for reporting safety concerns. This despite the fact that there is no hard evidence to support such claims. The new rule changes that.
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. What this allows me to do is generate a deliverable of all construction documents and photos to the project owner in a neat as-built package.
One of the major reasons that construction managers must schedule rework and fight against claims is defects. Design defects are a result of the design team failing to produce organised and accurate construction documents. Inefficient document distribution. Read more: Why you should start sharing your documents in the cloud.
We have an incredible new service called Surety e-Claims™ that allows sureties to collect, organize and identify construction documents in a more efficient manner. I have been told that Surety e-Claims™ could start a revolution for the surety claims industry, which is keeping me both busy and excited.
Everything has to be documented in great detail so that your project remains protected from costly and time-consuming disputes. When it comes to claims this could mean penalties that could cost your project thousands of Euros. Find out more: How to manage claims in construction more efficiently .
The manufacturer also provides extensive support documentation to help you find the ideal design for your project’s needs. ColourTree In addition to producing some of the best custom shade sails on the market, ColourTree runs an in-depth blog documenting how to design and install shades effectively. this feature is hard to overlook.
The contracting officer denied the claim, and the contractor appealed. Ultimately the decision is a good lesson for contractors to document “all of the facts, circumstances and contractual indications of subsurface conditions,” which is what the board relied upon in making its decision. In the end, reasonableness matters.
The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. If a bond claim is filed because of your legal or ethical violations, you will be liable for paying the surety up to the maximum bond amount. The Bonding Process. Your company’s available working capital.
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.
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.
The construction consortium claims that the NY State Thruway Authority is dragging its feet on providing documents that show the drastic change orders made during construction of the new Governor Mario M. Cuomo Bridge.
This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. Double check that the documents just described include the warranty itself. Double check that the documents just described include the warranty itself.
I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives. Schedules , including the as-planned and updates.
This is also the key to keeping your teams connected so that they can work better together and take ownership of their tasks ensuring successful project delivery and, more importantly, protection against commercial claims. You document everything and reduce admin workload. But this is where things get tricky.
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.
When the Buyer’s agent asked for a copy of the Seller’s executed documents, Seller’s agent sent the following text: [Seller] was out of town today. ” Second, claims succeed or fail based upon the documentation. The two agents met later that day to deliver and accept the letter and deposit.
The bid documents and contract requires us to warrant we are licensed in the project state. If this occurs not only would you be in breach of the agreement but you may not be able to avail yourself of the judicial system of the project state in a claim situation. Does our bidding without a license violate any laws or codes of ethics?
The bid documents and contract requires us to warrant we are licensed in the project state. If this occurs not only would you be in breach of the agreement but you may not be able to avail yourself of the judicial system of the project state in a claim situation. Does our bidding without a license violate any laws or codes of ethics?
The bid documents and contract requires us to warrant we are licensed in the project state. If this occurs not only would you be in breach of the agreement but you may not be able to avail yourself of the judicial system of the project state in a claim situation. Does our bidding without a license violate any laws or codes of ethics?
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