Green Building Law Update

JULY 27, 2014

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.

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Documentation Certification Contract California 120

Construction Marketing

SEPTEMBER 25, 2018

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.

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Insurance Claims Inspections Minnesota 120

Contractor Bookkeeping

MAY 10, 2024

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.

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Documentation Insurance Legal Claims 117

Construction Dive

JUNE 16, 2023

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.

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Drawings Claims Texas Documentation 115

Construction Business Owner

OCTOBER 1, 2024

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.

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Best Practices Construction Law

JUNE 16, 2022

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.

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Best Practices Construction Law

NOVEMBER 22, 2019

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.

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Claims Documentation Contract Change Orders 62

Job Order Contracting

APRIL 21, 2022

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).

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Bidding Procurement Claims Roads 252

CivilJungle

AUGUST 8, 2022

Legal Documents Required for Purchase of Property. But we must avoid the problem and legal situation by checking the documents required for buying property. The below documents are necessary for the purchase of property: 1. The kata simulates the account , and documents are essential when conducting land from one to another.

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Documentation Legal Certification Agreement 52

Wolgast Corporation

APRIL 30, 2024

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.

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Commercial Insurance Claims Documentation 127

Best Practices Construction Law

AUGUST 11, 2017

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.

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Documentation Planswift ProCore Claims 74

Green Building Law Update

NOVEMBER 13, 2016

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?

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Claims Sacramento Housing Electrical 120

Construction Marketing

SEPTEMBER 24, 2015

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.

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Documentation Insurance Legal Liability 120

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.

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Claims Oklahoma Contract Contractors 71

Construction Business Owner

AUGUST 9, 2019

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.

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Documentation Contract Claims Engineering 175

Lets Build

JULY 16, 2021

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.

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Best Practices Construction Law

NOVEMBER 18, 2019

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 payment bond claimant was a sub-subcontractor who filed a claim because the subcontractor failed to make timely payment. The Email as Notice of Claim. Fidelity and Deposit Co.

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Claims Contractors Maryland United States 54

Construction Cost Estimating

MAY 17, 2018

If it is required to develop a new building or refurbish surviving property, the owner should have arranged a document so that the work & other portions of the construction project can be performed systematically. Each construction project should comprise of crucial documents that generally form the part of every construction contract.

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Documentation Construction Drawings Contract 40

Best Practices Construction Law

OCTOBER 13, 2016

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.

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Claims Compensation Schedule Guidelines 76

Best Practices Construction Law

AUGUST 25, 2016

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.

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Claims DOT Compensation Documentation 48

Construction Dive

JUNE 22, 2017

By Jim Zack Construction claims are becoming increasingly prevalent and expensive. The article reviews such possible aspects of project communication as partnering, pre-construction audits, delegation, project trending, document trail, use of technology, log and schedule submittals and more. Bad news delivered late is a disaster!

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Claims Liability Construction Schedule 48

BD+C

OCTOBER 7, 2024

This comprehensive evaluation included the removal and documentation of dislodged stone units, examination of mortar joint conditions, and assessment of masonry veneer anchor assemblies. This timing comes into play with investigation, inspection, and claim notices, and for getting claims on file—both in court and in arbitration.

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Insurance Legal Documentation Claims 52

Lets Build

DECEMBER 16, 2022

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.

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Documentation Construction Inspections Site 148

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. Assess other pertinent documents. If not, why not?

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Claims Change Orders Legal Schedule 48

Construction Marketing

JULY 11, 2022

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.

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Contractors Legal Bidding Contract 156

Green Building Law Update

DECEMBER 19, 2021

Sidestepping for a moment those companies that set out to intentionally deceive other about their ESG bonafides, from time to time, what companies think their ESG claims mean and what others really understand are two different things. And while today it has a broader definition including not only environmental claims but also matters of ESG.

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Claims Sustainability Legal Risk 156

NH Construction Law

AUGUST 27, 2021

If you are looking for a primer on the key principles in identifying, presenting or defending against lost productivity claims, you could do worse than this 48-page guide. Is it time for the paperwork lecture again?) Other methodologies include the “total cost” and “modified total cost” methods.

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Claims Products Comparison New Hampshire 40

Construction Equipment

SEPTEMBER 2, 2015

A court ordered Navistar to turn over a second set of documents to the Securities and Exchange Commission (SEC), reports the Chicago Tribune.

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Documentation Commissioning Chicago Security 48

Construction Dive

NOVEMBER 4, 2012

By Bruce Jervis A contractor claiming entitlement to construction costs will of course be asked to prove those costs. But does proof require hard documentation of each and every actual expenditure? The contractor was not required to support each alleged expenditure with an invoice or other payment documentation.

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Documentation Claims Utah Estimating 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. 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.

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Green Contract Documentation Claims 120

Construction Dive

MARCH 26, 2014

By Bruce Jervis Project owners do not want to be surprised with claims for additional work at the conclusion of a project. The extra work clause required a cost breakdown and supporting documentation within five business days of completing the work. An example is found in a subcontract on a recent private project in Ohio.

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Claims Subcontracting Ohio Contract 53

Best Practices Construction Law

OCTOBER 13, 2016

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.

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Claims Compensation Schedule Guidelines 48

Construction Business Owner

APRIL 2, 2018

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.

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Risk Drafting Claims Construction 127

Natural Building

MAY 2, 2020

This recent article at insideclimatenews.org titled Inside Clean Energy: 6 Things Michael Moore’s ‘Planet of the Humans’ Gets Wrong , written by Dan Gearino claims that t he documentary’s “facts” are deceptive and misleading and way out of date. First, the power lines can be used to export any excess electricity.

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Claims Life Cycle Electrical United States 40

Construction Dive

FEBRUARY 12, 2015

Most often, a disputed change order request or claim for extra costs on a construction project will require one or more negotiation sessions between the contractor and owner to arrive at the final cost and time impact. Negotiation offers the last and best opportunity to settle a dispute without resorting to arbitration or litigations.

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Best Practices Construction Law

SEPTEMBER 30, 2014

You can learn best practices for documentation and record management in this 90-minute webinar — From Paper to Paperless: Controlling Construction Documentation, Improving Record Management and Identifying Risk in an Electronic Age. This course will explore: Why are proper records so essential for claims and disputes?

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Documentation Risk Management Legal 48

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

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Lien Claims Massachusetts Contract 71