Construction Law Monitor

OCTOBER 26, 2010

Many experts believe that the AIA standard form contracts are drafted to protect the Architect. The contract documents should be drafted to protect this individual. ConsensusDOCS claims to have an industry first with its form 310 “Green Building Addendum.” ConsensusDOCS came about from a different premise.

AIA 61

AIA Contract Documentation Drafting 61

Best Practices Construction Law

JULY 31, 2015

Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J. Legal Writing 89 (2008-09), here are a few items to think about when drafting contracts: A contract is about defining transactions and relationships.

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Contract Drafting Claims Agreement 48

Best Practices Construction Law

NOVEMBER 26, 2019

In the world of construction claims, according to one court, these same rules apply—it is premature to award damages before the claim has been considered and either approved or rejected. The short opinion makes sense—an arbitrator cannot rule on a claim that has not gone through the process required by the contract.

Change Orders 62

Change Orders Claims Contract Contractors 62

Construction Law

JULY 1, 2024

Legal terms explained Isabella Salame of Herbert Smith Freehills LLP examines what is meant by unforeseen ground conditions. Guest Editor Paul-Raphael Shehadeh of Duane Morris draws on the work of a CIA analyst to examine how sure lawyers might be when they advise clients of the chances of success in legal actions.

Drafting 52

Drafting Insurance Construction Contract 52

Best Practices Construction Law

AUGUST 10, 2017

Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, or (3) failure to carry out the Work in accordance with the Contract Documents.”. It is important in contract drafting that you say what you mean and you mean what you say.

Contract 79

Contract Agreement Virginia Construction 79

Construction and Infrastructure Law

JANUARY 9, 2020

A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

Liability 69

Liability Agreement Drafting Insurance 69

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 Conference Employment 156

Best Practices Construction Law

NOVEMBER 21, 2019

For example, in the Universal Concrete Products case, the 4th Circuit reasoned that Virginia courts favor the freedom to contract and that parties are freely able to negotiate and draft these types of provisions. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

Construction Law Monitor

APRIL 5, 2012

Attention all home owners or property owners, there is only one surefire way to have that annoying illegal lien (in Louisiana called a statement of claim and privilege ) removed from the title of your property, a Mandamus action. This is huge because, this type of proceeding can cost a homeowner thousands just in legal fees.

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Lien Louisiana Claims Construction 58

Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. The statute expressly states that: A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

Tennessee 48

Tennessee Change Orders Contractors iPad 48

Levelset

SEPTEMBER 2, 2022

Errors and omissions (E&O) insurance covers contractors against financial loss resulting from mistakes, errors, or claims of negligence. While general liability insurance covers against claims related to injury or property damage, errors and omissions insurance protects from lawsuits related to financial loss.

Insurance 52

Insurance Liability Claims Injury 52

Construction and Infrastructure Law

JANUARY 9, 2020

A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

Liability 52

Liability Agreement Drafting Insurance 52

Levelset

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation. Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 52

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

Construction and Infrastructure Law

FEBRUARY 6, 2018

requires businesses using workers provided by a staffing firm to share “all civil legal responsibility and civil liability” for wage payments and workers’ compensation coverage. creating systems and protocols to confirm timely payment of wages to subcontractors’ workers. Section 2810.3

California 49

California Contractors Liability Employment 49

Construction Law Monitor

MAY 30, 2012

Mediation and Arbitration have been touted as the faster, cheaper and more efficient way to handle legal disputes. ” See AAA’s Guide to Drafting Dispute Resolution Clauses for Construction Contracts . ” See AAA’s Guide to Drafting Dispute Resolution Clauses for Construction Contracts .

Louisiana 59

Louisiana Contract Legal Drafting 59

Levelset

SEPTEMBER 7, 2022

In that case, professional liability insurance would generally provide the plumber with reimbursement for legal fees, settlements, and judgments. Professional liability insurance protects against claims related to professional negligence. What is professional liability insurance?

Liability 52

Liability Insurance Injury Contract 52

Autodesk Construction Cloud

JANUARY 7, 2023

Daily construction reports can save construction companies legal trouble, underline professionalism and elevate projects from good enough to excellent , with all the success that implies. Prime among them are their roles in legal disputes, specific claims and project team documentation. It also helps brings teams together.

Documentation 52

Documentation Construction Legal Claims 52

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

Best Practices Construction Law

JUNE 4, 2019

The mediator sent Lehman and the defendant an email confirming that they had accepted his proposal and agreed on the amount of a payment in settlement of Lehman’s claim against that defendant. Lehman then sent the defendant the draft of a written settlement agreement.

Agreement 61

Agreement Contract Drafting Claims 61

Constructlaw

NOVEMBER 9, 2022

Subcontractor Spirtas Worldwide LLC filed a Miller Act claim against contractor SGLC Consulting LLC to recover the cost of materials provided and labor performed on a project for the U.S. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

Subcontractor Spirtas Worldwide LLC filed a Miller Act claim against contractor SGLC Consulting LLC to recover the cost of materials provided and labor performed on a project for the U.S. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

Agreement 52

Agreement Illinois Contract Bidding 52

Construction Marketing Ideas

FEBRUARY 21, 2016

While some of the hard costs: attorney fees, expert expenses, court costs and the like, can be made part of a judgment on the back end if your construction contract is properly drafted , these costs are hard expenditures that are made on the front end with hopes of recovery at the end. Solid advice, indeed.

Virginia 48

Virginia Construction Drafting Legal 48

Building Radar

OCTOBER 8, 2024

The VOB, comprising three parts, establishes the legal framework for construction contracts in Germany. It stipulates the rules for competitive bidding, evaluation criteria, and the legal obligations of all parties involved. For assistance with drafting clear and effective contracts, you may want to explore resources from DLA Piper.

Contract 52

Contract Construction Documentation Project Management 52

Construction Lawyer

NOVEMBER 8, 2007

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. |

AIA 40

AIA Documentation Illinois Chicago 40

Constructlaw

SEPTEMBER 29, 2020

The Third Circuit concluded that the district court retained the authority to decide whether an enforceable arbitration agreement existed because the plaintiff satisfied the standard required to plead a claim for fraud in the execution that challenged the validity of the entire written agreement. 1] MZM Construction Company, Inc.

Agreement 52

Agreement Bargains New Jersey Contract 52

Best Practices Construction Law

MARCH 14, 2016

The attorney for the Williams drafted a short letter agreement and sent it to opposing counsel. Whether you are talking about a change order, outstanding payment application, or claim for delay damages, your agreement on a dispute may be binding depending on the circumstances. Williams, No.

Agreement 48

Agreement Change Orders Drafting Tennessee 48

Autodesk Construction Cloud

NOVEMBER 15, 2021

The shifting of risk and liabilities is a very common practice when drafting contracts. She adds, “You still have your unsecured debt claim against the GC or whoever hired you, but now you have a security interest in the property to the extent that you’re owed money for labor and materials supplied.”. No one does that.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Autodesk Construction Cloud

DECEMBER 18, 2021

And that 10% loss doesn’t even factor in the costs associated with claims that can come from prolonged payment disputes. The first step is to track every part of the project to streamline reviewing legal terms and change orders, for example. Review legal requirements and ensure that all terms have been met.

Change Orders 52

Change Orders Documentation Equipment Risk 52

Green Building Law Update

SEPTEMBER 12, 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. This blog post highlights the legal risk associated with ESG disclosures and proffers that through green building practices, like the U.S.

Legal 156

Legal Risk Green Claims 156

Constructlaw

JULY 13, 2021

While thoughtful arbitration clause drafting should generally enable parties to avoid confusion over which set of the ICDR/AAA rules should apply, the ICDR’s clarification of the term ‘international’ refines what parties should expect. 8(1)(a)); (2) all of the claims/counterclaims arise out of the same arbitration agreement (Art.

Construction 52

Construction Agreement Claims US 52

Pro Builder

APRIL 1, 2021

It is one thing to sit in an office all day designing and drafting up construction details and another thing altogether to spend time on a jobsite seeing how things actually get built. The legal side of jobsite visits - jump to 37:05. When dealing with these legal issues, the phrase “Standard of Care” comes into play quite often.

Site 52

Site Liability Design Residential 52

Construction Test

MAY 19, 2020

However, the number of cancelled trips means customers are waiting much longer as airlines struggle to deal with a colossal backlog of claims. The Wall Street bank was initially drafted in to handle a possible bailout of Virgin Atlantic, but has been awarded a broader mandate covering the entire sector. . Lufthansa Group.

Travel 26

Travel Claims Deals Airports 26

Construction Cost Estimating

MARCH 11, 2015

Once all is claimed and done, it’s not clear you may save enough cash to create it definitely worth the trouble, and also the contractor could refuse to pledge his installation on owner-supplied materials. The legal fees square measure straightforward to run up if you need easements or variances.

Estimating 40

Estimating Bidding Budgeting Budget 40

Buisness Facilities Contributed Content

APRIL 15, 2014

State Credits available against the Corporate Income Tax: Education Credit (AS 43.20.014): Taxpayers that contribute to vocational education programs or accredited Alaska universities or colleges for educational purposes or facilities may claim a tax credit for 50% of the first $100,000, 100% of the next $200,000, and 50% of further contributions.

Income 108

Income Finance Zoning Employment 108

Best Practices Construction Law

MARCH 17, 2016

Given the legal risks involved with your superintendents, project managers and other employees, you should should be adequately prepared. If you haven’t revisited your cell phone and computer use policies recently—or don’t have any—below are some major issues to consider: Claims, claims, claims. Image: Scott Lewis.

Legal 48

Legal Claims Employment Accidents 48

Best Practices Construction Law

NOVEMBER 20, 2019

The contracting officer denied the claim, and the contractor appealed. Another lesson learned is the importance of “reasonableness” when drafting or submitting claims. The contractor submitted a Request for Equitable Adjustment, alleging that it had encountered a Type I differing site condition—i.e,

Site 48

Site Contractors Design Bidding 48