Construction Business Owner

MAY 21, 2018

Workers’ compensation claims and how to keep them under control have always been a concern for employers. Incidents ending in claims occur in virtually all industries and can be costly and time consuming. It is a state issue, and each state enacts and enforces its own legal framework.

Compensation 127

Compensation Claims Employment Injury 127

Construction Law

NOVEMBER 4, 2024

130 Building Safety Act 2022 ( BSA 2022 ) to address the difficulties that claimants have historically faced in bringing claims in respect of building safety defects where, as is common in the construction industry, the relevant works were undertaken by a special purpose vehicle or project-specific entity that was wound up following completion.

Liability 40

Liability Legal Claims Safety 40

Green Building Law Update

MARCH 4, 2018

But it is suggested that the Federal Trade Commission’s Green Guides, designed to help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. § The claim would not be deceptive if the marketer clearly and prominently disclosed all renewable energy sources.

Claims 153

Claims Green Certification Electrical 153

Construction Business Owner

APRIL 18, 2016

That's often when legal disputes often arise. If litigation ensues, the success of your claim or position will depend largely upon key steps taken before, during and after execution of the construction project. Below are seven items that you can do to help prevent and minimize loss on a job.

Legal 120

Legal Claims Budget Budgeting 120

Green Building Law Update

JULY 23, 2017

Some promotions also made explicit safety claims. The FTC alleged, the company had no evidence to support those claims. YOLO Colorhouse, LLC , and Imperial Paints, LLC , have agreed to consent orders that would bar them from making unqualified VOC free and emission free claims. The four companies, Benjamin Moore & Co.,

Claims 176

Claims Commissioning Materials Agreement 176

Construction Dive

APRIL 25, 2023

Construction’s litigation claims and costs are among the highest of all industries. Here are strategies to keep damages in check.

Legal 133

Legal DOT Claims Contract 133

Construction Business Owner

OCTOBER 1, 2024

Keller survey of 211 companies, 70 percent of respondents who implemented dash cams shared the main benefits: Hard braking events were tracked and analyzed for trends (53% of respondents) Improvement in driver training (47% of respondents) Lower legal fees and litigation risks (45% of respondents) Decrease in the number of insurance claims (45% of (..)

Accidents 344

Accidents Construction Insurance Risk 344

Green Building Law Update

DECEMBER 12, 2021

Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. It is one thing when a political leaders in a government make an ESG claim. But it is another thing for a business to make ESG claims about net zero or otherwise that mislead customers.

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Risk Claims Legal Agreement 156

Best Practices Construction Law

MARCH 18, 2021

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. City of New York , No. 652478 (N.Y. The contractor’s $15.7

Documentation 118

Documentation Claims Bidding Estimating 118

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. Every construction work begins with legal approval. The actual owner of land legally sets people by way of every power of attorney. Commencement Certificate.

Documentation 52

Documentation Legal Certification Agreement 52

Contractor Bookkeeping

MAY 10, 2024

This is a mark of professionalism and can also help if you have an insurance or legal claim. Keeping all your working documents in order shows that you treat your business, customers, and subcontractors responsibly.

Documentation 117

Documentation Insurance Legal Claims 117

Green Building Law Update

NOVEMBER 5, 2013

The Federal Trade Commission announced six enforcement actions last week, including against companies that marketed supposedly biodegradable plastic rebar cap covers, plastic golf tees, and plastic shopping bags, as part of the agency’s ramped up crackdown on environmental claims. Clear Choice Housewares, Inc. Carnie Cap, Inc.

Claims 120

Claims Commissioning Green Massachusetts 120

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.

Claims 54

Claims Contractors Maryland United States 54

Green Building Law Update

OCTOBER 22, 2013

The Federal Trade Commission will begin to ramp up enforcement of deceptive environmental claims, according to Jessica Rich, director of the commission’s consumer protection bureau. “A growing number of consumers are looking to buy green products and companies respond with green marketing.

Claims 136

Claims Green Commissioning Organization 136

Levelset

OCTOBER 31, 2024

Filing a proper lien claim requires accurate information. Marjam Supply Company, highlights the importance of getting the project details correct before filing a claim. Ultimately, Marjam claimed they were unpaid for the equipment and materials provided, so they filed a construction lien on the vacant lot for $136,180,02.

Lien 52

Lien New Jersey Legal Residential 52

Green Building Law Update

SEPTEMBER 19, 2013

But the legal implications for green marketing claims call for caution. The Federal Trade Commission’s Green Guides set forth the Commission’s current views on environmental marketing to help business avoid making unfair or deceptive claims. had deceptively advertised their paint products as “zero VOC.

Claims 120

Claims Green Commissioning Architecture 120

Green Building Law Update

OCTOBER 10, 2011

This year, the US Green Building Council hosted the 2nd Annual Legal Forum at Greenbuild 2011. Attorney Dan Sheridan provided a thorough recap of the Legal Forum on his blog, Legally Green. It may surprise you to learn that I attended many non-legal presentations at Greenbuild as well.

Legal 120

Legal San Francisco Green Commissioning 120

Construction Marketing

JULY 11, 2022

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.

Contractors 156

Contractors Legal Bidding Contract 156

Construction Law

NOVEMBER 4, 2024

Technology and Construction Court Judge Stephen Davies has advised parties to consider issuing claims in regional Technology and Construction Courts where appropriate rather than overburdening the London TCC. The same is true of any directions hearing which may be required in relation to such claims.

Claims 40

Claims Legal Office Construction 40

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.

Claims 156

Claims Sustainability Legal Risk 156

Green Building Law Update

FEBRUARY 12, 2014

Insurance companies cannot recover environmental cleanup costs paid to their insured under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund, from another Potentially Responsible Party ( unless their insured had first pursued a separate claim to recover the cleanup costs from that PRP).

Insurance 120

Insurance Liability Legal Claims 120

Construction Enquirer

JUNE 12, 2023

The project was completed in 2011 at a cost of £152m but has been dogged by a series of legal rows. An initial legal dispute over cost overruns and late delivery of the project saw BAM Nuttall pay the county council £33m in an out-of-court settlement in 2013 to cover defects and extra work.

Legal 74

Legal Claims Security Infrastructure 74

Best Practices Construction Law

MARCH 10, 2020

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment. In Appeal of Matcon Diamond, Inc. 59637 (Feb.

Claims 62

Claims Compensation Overhead Defense 62

ENR Construction

JANUARY 5, 2021

There are important steps to take to limit possible costs and litigation.

Legal 71

Legal Claims 71

ENR Construction

MARCH 30, 2023

Legal action was brought by communities that claimed business and environmental damage when the US Army Corps of Engineers opened the Louisiana spillway for 123 days in 2019.

Louisiana 77

Louisiana Legal Claims US 77

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.

Claims 71

Claims Oklahoma Contract Contractors 71

Construction Dive

NOVEMBER 26, 2019

Making a claim against a performance bond is complicated, a legal expert explained, and it's critical to understand that the bonding company has four main options, outlined here.

DOT 123

DOT Legal Claims Maine 123

Construction Equipment

JANUARY 13, 2016

When a construction company has difficulty getting paid, state laws allow it to file a bond claim or mechanics lien. Nate Budde, chief legal officer for zlien , discusses the importance of providing preliminary notice and the risks of filing the claim. Read Budde's advice on protecting your company from nonpayment here.

Lien 48

Lien Claims Legal Risk 48

Best Practices Construction Law

FEBRUARY 1, 2024

Motion to Amend and Legal Defense: The Corps, despite delays in formally amending its answer, argued that KBR was aware of the potential affirmative defense before the conclusion of fact discovery. Falsely claiming to have submitted a Technical Assistance Agreement to the Directorate of Defense Trade Controls.

Defense 62

Defense Contract Subcontracting Engineering 62

Pro Builder

JULY 27, 2020

What Are the Legal Safeguards for Getting Back to Work? As builders and trade contractors start to get back on track following the impact of COVID-19 and its restrictions, there are legal concerns to consider. Mon, 07/27/2020 - 12:57. Mike Beirne, Senior Editor. office of Akerman. .

Legal 59

Legal OSHA Employment Liability 59

Green Building Law Update

FEBRUARY 26, 2022

Despite that the Zero Waste movement peaked in about 1998, in the modern context of Net Zero from Net Zero Energy to Net Zero Carbon, we are today with surprising frequency asked about a business being able to claim it is Zero Waste. No company should claim to be Zero Waste. There is a lot of waste out there. But it is not easy.

Claims 156

Claims Certification San Francisco Resource 156

Building Radar

AUGUST 8, 2024

A mechanic’s lien is a legal claim against a property for unpaid work or materials provided during construction or renovation. Failure to do so can result in legal action, including potential foreclosure. Legal Procedures and Timelines Each state has specific rules regarding the timing and filing of mechanic’s liens.

Lien 52

Lien Legal Security Risk 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

Building Radar

AUGUST 28, 2024

Recognizing and addressing construction defects early can save building owners, contractors, and developers from costly repairs and legal disputes. When construction defects go unaddressed, they can lead to expensive repairs, safety concerns, and even legal claims. More on this can be found here.

Legal 52

Legal Construction Foundation Risk 52

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. Prove legal entitlement. If not, why not?

Claims 48

Claims Change Orders Legal Schedule 48

Best Practices Construction Law

SEPTEMBER 29, 2020

But I have never really thought about that legal principle because, “People don’t really do that, do they?”. the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction Co. Fouches and Assoc.,

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Job Order Contracting

MARCH 30, 2022

Any professional construction cost estimator worth their salt will not talk about “accuracy” In fact, it may be best to avoid any person or vendor that makes claims about the accuracy of their estimate or cost information. The reason is simple, an estimate, by nature, is an approximation.

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Estimating Construction Procurement Overhead 252