Best Practices Construction Law

SEPTEMBER 4, 2014

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. Prove legal entitlement.

Compensation 54

Compensation Claims Change Orders Legal 54

Best Practices Construction Law

MAY 9, 2016

While public owners rarely allow for any type of negotiation, you are well advised to read your contract in its entirety before you submit a bid, as you begin construction, throughout performance, and as soon as dispute arise. Document your claims. Expect the unexpected.

Contractors 48

Contractors Connecticut Claims Contract 48

Construction Law Monitor

OCTOBER 15, 2013

Construction contracts are historically confusing documents and they contain a bunch of popular provisions with confusing interpretations like pay when paid clauses , indemnity provisions, claim notice requirements, and more. General contractors and owners will negotiate a contract with you, and they expect push back on certain terms.

Contract 82

Contract Lien Construction Documentation 82

Best Practices Construction Law

AUGUST 16, 2012

Dormitory Authority of State of New York , appellate court enforced a no-damages-for delay clause against a contractor, rejecting a $10m delay claim. ” Although the contractor in Plato General Construction had contributed to some of the delays, this fact was irrelevant given the waiver of these types of claims in the contract above.

Claims 48

Claims Compensation Contract Contractors 48

Constructlaw

JULY 12, 2022

The Agreement contained a sole-and-exclusive remedy provision that, in the event of DonRob’s default, gave 360 the right “to elect between the following options: (a) to declare this Agreement terminated … [and be refunded] all of the Earnest Money, or (b) maintain an action against Seller for specific performance ….

Contract 52

Contract Liability Agreement Georgia 52

Best Practices Construction Law

MAY 22, 2018

Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage.”. In the a regularly cited case, United States Steel Corp.

Claims 48

Claims Railroad Contract Missouri 48

Construction Law

MARCH 1, 2024

Can challenges based on claiming that the dispute is too large or complex succeed? A key difference is the time during which claims can be made. The future looks tricky for insurers and policyholders alike, he warns, as the frequency of flood events rises.

Insurance 40

Insurance Claims Safety Legal 40

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

On projects like this, property owners typically count on an insurance claim to pay for the work – they may not have cash on hand to pay you out of pocket. This snapshot won’t provide you with the information needed to have a deeper understanding of how everything works if a customer suffers property damage and considers filing a claim.

Insurance 52

Insurance Claims Agreement Lien 52

Constructlaw

DECEMBER 7, 2020

Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on what events had an impact on global economy that have led to an increase in filings. Mealey’s: What, if any, events had an impact on the global economy that have led to increased filings? All rights reserved.].

Claims 40

Claims Insurance Bankruptcy Legal 40

Job Order Contracting

OCTOBER 25, 2017

After the JOC Program RFP is advertised/solicited the owner technical and purchased team generally conducts various marketing and awareness events/conferences. These meetings/events/publications help education the pool of potential JOC contractors and allow interested parties to ask questions. Negotiations and Source Selection.

Contract 100

Contract Contractors Conference Plans 100

Constructlaw

JUNE 30, 2021

No longer requiring physical distancing except in the event of an outbreak. However, since these are not only intracompany concerns, it is critical to keep these issues in mind for current projects and when negotiating future contracts. You may still incur COVID-19-related mitigation costs on current jobs.

Site 52

Site Pennsylvania Employment California 52

NH Construction Law

MAY 20, 2023

Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. “Conditions in contracts are construed in accordance with their ordinary meaning.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Law Monitor

APRIL 15, 2015

million because of claims from suppliers and subcontractors. For example, between 2002 and 2013, sureties have covered more than $13 billion in claims, which do not include additional claim expenses that also go in the billions. Currently, the company that provided bonding to Truland, XL Specialty Insurance Co.,

Insurance 40

Insurance Bankruptcy Claims Contract 40

DebunkTheBIM

NOVEMBER 18, 2013

As in complying with the clients requirements, but also minimising the risk of unacceptable claims in the future and assisting the project delivery. · I foolishly assumed that the people in charge of the project truly wanted to tick all the boxes the client presented to them with as little extra cost involved.

BIM 48

BIM Risk Contract Claims 48

Building Information Management

SEPTEMBER 18, 2015

Negotiations and Source Selection. Negotiation of Task Order. Memorandum of Negotiations. Significant Events. Release of Claims Statement. NPP work is negotiated separately from tasks included in the UPB. Presolicitation Review. Pre-award Activities. Preparing for the Pre-proposal Conference. Payroll Review.

Contract 40

Contract Negotiation Office Plans 40

Construction Law Monitor

APRIL 15, 2015

million because of claims from suppliers and subcontractors. For example, between 2002 and 2013, sureties have covered more than $13 billion in claims, which do not include additional claim expenses that also go in the billions. Currently, the company that provided bonding to Truland, XL Specialty Insurance Co.,

Insurance 40

Insurance Bankruptcy Contract Contractors 40

Buisness Facilities Contributed Content

JULY 11, 2014

The updated South Carolina incentives guide is brought to you by Real Street Expo , a new event sponsored by Business Facilities and Today’s Facility Manager magazines. A negotiated FILOT could lower the assessment ratio from 10.5% Workforce Development.

South Carolina 40

South Carolina Income Liability Finance 40

Buisness Facilities Contributed Content

JULY 11, 2014

The updated North Dakota incentives guide is brought to you by Real Street Expo , a new event sponsored by Business Facilities and Today’s Facility Manager magazines. For a list of North Dakota economic development agencies that can help with the site selection process, visit our Online Site Seekers’ Guide.

North Dakota 40

North Dakota Income Finance Equipment 40

Construction Test

MAY 16, 2020

We are working closely with partners and suppliers to discuss repayment terms; we are re-negotiating contracts where possible; and we are considering all the options for our current and future aircraft fleet. British Airways: The refund option has been removed from its website but the option to claim a voucher remains.

Travel 26

Travel Airports Union News 26

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

Buisness Facilities Contributed Content

MARCH 21, 2014

The program is capped at 10,000 new jobs being claimed each year by all participants; whereas a taxpayer is limited to a maximum of 400 new jobs per year. The credit provided to the investor totals 39 percent of the cost of the investment and is claimed over a seven-year period. time permanent jobs paying above average wages.

Income 75

Income Finance Zoning Equipment 75

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. With labor Pools they take care of all of that and you pay a fixed cost per hour or whatever you negotiate with the service.

Contractors 48

Contractors Insurance Claims Lien 48

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. With labor Pools they take care of all of that and you pay a fixed cost per hour or whatever you negotiate with the service. Or The Hard Way.

Insurance 48

Insurance Construction Claims Accounting 48

FDR Safety

MARCH 19, 2020

In the event a citation is issued, this corrective action will demonstrate the employer’s good faith and may result in a lower penalty. Often, the inspector will not commit to the classification or the penalty, claiming that the final determination is up to his or her supervisor. How much is the penalty? It never hurts to ask.

OSHA 156

OSHA Inspections Employment Conference 156

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. With labor Pools they take care of all of that and you pay a fixed cost per hour or whatever you negotiate with the service. The Hard Way.

Construction 48

Construction Insurance Accounting Claims 48

CivilJungle

AUGUST 8, 2022

A deed is evidence of a specific event of transferring the title of the property from one person to another. A deed represents the right of the owner to claim the property. Negotiate: Counteroffer and Then Hire an Appraiser. Land Title Deed. Deed of Land. Seek Out Affordable Neighborhoods. Request Disclosures from the Seller.

Documentation 52

Documentation Legal Certification Agreement 52

Building Information Management

JULY 27, 2016

design/negotiate/build). design/negotiate/build). 00 52 16 Agreement Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build). Affidavit of Payment of Debts and Claims Form. Events/Alarms/Incidents.

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

design/negotiate/build). design/negotiate/build). 00 52 16 Agreement Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build). Affidavit of Payment of Debts and Claims Form. Events/Alarms/Incidents.

Equipment 40

Equipment Construction Schedule Concrete 40

Revit OpEd

DECEMBER 22, 2017

Repeal of certain miscellaneous itemized deductions subject to the 2% floor: Under current law, employees may claim itemized deductions for certain miscellaneous expenses. Thus, under the provision, employees may not claim the above-listed items as itemized deductions for taxable years 2018 through 2025. Work-related education.

Employment 85

Employment Compensation Agreement Income 85