This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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
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.
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.
This article outlines three important documents that you’ll need in order to start and run a profitable business. Although public liability insurance is not a legal requirement, it should be regarded as essential. LegalDocuments. Business Plan. A business plan is vital for a number of reasons. Final Thoughts.
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.
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 legalclaim.
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. .
Surety bonds are financial guarantees that are issued to ensure the individual or company who obtains the bond will perform work in a legally compliant manner and will avoid fraud and misconduct. Surety – The bonding company that guarantees the principal’s ethical operations and legal compliance by issuing the bond.
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.
A file of jpeg1, jpeg2, etc taken at jobsite X on a given date really doesn’t help if a legalclaim 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.
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.
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?
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. Just enter your email, and you will receive regular updates.
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 the dollar amount of those claims is increasing.
For construction companies, it can also significantly increase profitability and maximise legal compliance. How often have you cursed your company’s filing systems while hunting fruitlessly through online directories or paper filing systems in search of a document? Documentation is accessible anywhere, any time.
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.
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?
When an employee is terminated and claims unemployment benefits in Louisiana, the claim is associated with your business’ account and will affect your unemployment insurance rates in the future. In Louisiana, unemployment claims are administered by the Louisiana Workforce Commission. Read the Avvo Legal Guide here.
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.
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?
This means that all of your documents, information, and processes will be accessible to you at all times. With a construction management software program, you’ll be able to store relevant documents in one place and organize them using searchable tags. Minimized risk of legalclaims.
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.
They are overwhelming, long to read, and the legal jargon seems like another language. Product compatibility is an issue that leads to material warranty claims. Again, it is most important to not focus on what is in the warranty document, but the proven track record of the products themselves. Using Multiple Manufacturers.
“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.
His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. « False Claims lands Engineer in jail | Main. |
In the legal and collection industry we call this document a demand letter, but in most other circles its simply known as an “attorney letter.” Neither of these two qualities exist in many legal offerings. Construction Claims- Who Do You Sue? Components of an Attorney Letter. ” La R.S. Related articles.
While discussing scheduling with a client in Hawaii recently, I found myself repeating over and over, a variation of “…scheduling best practices include…” Hearing these words repeatedly set me to thinking that I hadn’t recently seen scheduling guidelines set out in a concise, straightforward document. Be realistic with the logical network.
My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. This is often the starting point for reviewing a claim and the key to a successful analysis of issues. If not, why not?
In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. In general, there are four parties involved in a restoration project: Property owner Insurance company Claims adjuster Contractor. Be clear about rights & responsibilities.
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.
Competitive bidding with selection being the lowest cost selection of the bidder compliant with the scope of work and associated the bid documents. ? Risk dependent upon completeness and accuracy of construction documents within a relatively ‘ad hoc’ process. Generally reduced number of claims and/or litigation issues.
His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Limitation of Liability in new AIA Document.
-->. In the legal and collection industry we call this document a demand letter, but in most other circles its simply known as an “attorney letter.” Neither of these two qualities exist in many legal offerings. Construction Claims- Who Do You Sue? Components of an Attorney Letter. ” La R.S.
It is the unsophisticated who will encounter legal issues and be left holding the bag. A claim pending against a major U.S. When claims are made, including for negligent misrepresentation, by a buyer against a seller that data is not accurate, who is responsible largely depends upon the writings.
By Bruce Jervis The legal standard for a successful differing site condition claim is stated in a variety of ways. At its most fundamental level, however, it comes down to two questions:What representations did the contract documents make regarding physical site conditions?Was
AIA (American Institute of Architects ) form documents have dominated the construction industry for many years. AIA documents are formed on the premise that an owner will seek out a qualified architect to begin a project, thus placing more liability and responsibility on that architect. More on this form at Christopher Hill’s blog.
On the contrary, they end up bringing even more confusion across the value chain paving the way for costly claims and endless disputes. Like that, all problems can be addressed on time and serious legal conflicts can be resolved or even avoided in a simpler and more effective manner. Modernise your systems and processes.
The most interesting discussion was a firm (company A) that had experienced a legal discovery issue which centered around email. 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.
Notice of Claims. The plaintiff claimed that GDOT’s improper maintenance of the roadway led to an accumulation of water, which caused his truck to hydroplane into a tree, severely injuring him. Postal Service tracking document showing that “something was sent by certified mail to the Department of Administrative Services.
His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. New AIA documents and Arbitration » August 30, 2007.
By Bruce JervisIn an industry which makes such extensive use of contractual documentation, some complain of obtuse or arcane legal terminology. This is clear, longstanding legal terminology. It means an event which must occur before a legal obligation arises.
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. based in Portland, Ore.
His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Economic Loss Doctrine bars Nevada claims against Architect.
We organize all of the trending information in your field so you don't have to. Join 116,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content