Best Practices Construction Law

NOVEMBER 21, 2019

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

Contract 77

Contract Subcontracting Drafting Virginia 77

Job Order Contracting

SEPTEMBER 25, 2017

Three types of deployment – Contractor Led (subcontract design or joint venture) – Designer Led (subcontract construction or joint venture) – A single firm with both capabilities internally. Generally reduced number of claims and/or litigation issues. Legal and professional issues.

Bidding 100

Bidding Construction Documentation Subcontracting 100

Carol Hagen

AUGUST 31, 2009

The most interesting discussion was a firm (company A) that had experienced a legal discovery issue which centered around email. I spoke with a subcontracting firm (company B) that did the opposite of what was described above. Carol Hagen greets Judy DeWeese. This is in direct violation of their own policy.

Subcontracting 100

Subcontracting Documentation Change Orders Legal 100

Construction Lawyer

APRIL 3, 2012

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. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Claims 40

Claims Agreement Illinois Subcontracting 40

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In Kellogg Brown & Root Servs., million; and. million; and. million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

Best Practices Construction Law

FEBRUARY 8, 2017

Following various audits, the Government filed a complaint against Lockheed seeking more than $115 million in reimbursement based upon a claim of breach of contract. The government asserts for the first time in its briefs that there exists an implied contractual duty for a prime contractor to manage its subcontracts. [T]he

Contract 48

Contract Claims Subcontracting Legal 48

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. A contract doesn’t have to be long and confusing to be effective, practically or legally. From project scope to warranty details, here are the basics of a simple but effective (and legal) contract for specialty trade work. .

Contractors 98

Contractors Contract Legal Change Orders 98

Levelset

JUNE 3, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as both the federal and state governments explicitly prohibit private entities from claiming an interest in public property. Washington State bond claim laws. If payment isn’t received, the next step is the bond claim itself.

Washington 52

Washington Claims Lien Contract 52

NH Construction Law

DECEMBER 22, 2019

If we look no further than this language, the first of these two methods of establishing third party beneficiary status appears to be a perfect fit in the usual owner-contractor-subcontractor relationship: through his subcontract, the subcontractor (promisor) is rendering a performance that the general contractor (promisee) owes to the owner.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 40

Levelset

AUGUST 30, 2024

This means that sureties can now use contractual provisions in the subcontract, including “pay-if-paid” clauses , as defenses against nonpayment claims. Since they are codified in both Acts, sureties have more leeway to argue against payment based on contractual provisions in the GC’s subcontract.

Louisiana 52

Louisiana Materials Defense Claims 52

Best Practices Construction Law

FEBRUARY 21, 2018

The subcontract agreement required the subcontractor to indemnify and hold harmless the contractor against claims of bodily injury resulting from the subcontractor’s work. The subcontract also required the subcontractor to include the contractor as an “Additional Insured” on its policy.

Insurance 54

Insurance Subcontracting Injury Construction 54

Levelset

APRIL 28, 2022

If a subcontractor defaults on a project, the general contractor can make a claim with the insurance company to cover costs above their deductible and any loss reserve requirements. Some GCs pass the cost of the loss reserve onto the project owner and claim that amount as additional profit on the project. million – $750,000). .

Insurance 52

Insurance Contractors Claims ABC 52

Construction Lawyer

MAY 2, 2012

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. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Contract 40

Contract Illinois Legal Construction 40

Job Order Contracting

FEBRUARY 20, 2018

The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. Subcontracts: Contractors may use the services of Subcontractors if noted in Contract. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. to 5:00 P.M.

Contract 100

Contract Organization Change Orders Overhead 100

Autodesk Construction Cloud

NOVEMBER 15, 2021

She recalls her experience speaking with a fellow attorney who had to go through a 129-page subcontract that could have been cut down to ten pages. “It’s Even if you don’t want to negotiate, Karalynn says it’s worth having an attorney or legal professional break down what the contract means. Ensure you’ll be paid on time.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Best Practices Construction Law

SEPTEMBER 23, 2022

Ned regularly represents clients in construction defect and compensation claims, manufacturer/dealer disputes, and insurance coverage lawsuits. Another way may be the well-known legal maxim of KISS (Keep It Simple Stupid.) He is also a South Carolina certified mediator. Ned can be reached at nnicholson@burr.com or (803) 799-9800.

South Carolina 62

South Carolina Insurance Contract Legal 62

Levelset

OCTOBER 14, 2022

A plumbing contractor’s insurance policy covers claims for property damage, but it may also help defend against lawsuits resulting from a work-related incident. Each field of subcontracting work has its own area of focus in insurance matters. The average cost for a workers comp claim in 2019-20 was $41,353.

Insurance 52

Insurance Liability Injury Compensation 52

Job Order Contracting

OCTOBER 25, 2017

Other authorities in the organization must participate in its development to ensure that all objectives and interests are met (examples: legal, quality assurance, small business, building users, planners). Technical, purchasing, and legal personnel attend the conference. 5) Price, including completeness, reasonableness.

Contract 100

Contract Contractors Conference Plans 100

Construction Lawyer

JULY 20, 2012

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. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Illinois 40

Illinois Subcontracting Liability AIA 40

Construction Lawyer

MAY 21, 2009

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. >. Sabo & Zahn LLC is an Illinois Limited Liability Company. Francis , No.

Lien 40

Lien Illinois AIA Chicago 40

ENR Construction

JULY 31, 2012

Paris-based Freyssinet Group claims its TechSpan technique is resulting in significant cost and time saving but acknowledges careful backfilling is key to maintaining safety during construction. Freyssinet’s $30-million subcontract entails building the tunnel in an open trench. Safety & Health. Project Delivery. Associations.

FAQ 51

FAQ Concrete Site Claims 51

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Lawyer

DECEMBER 28, 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. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Agreement 40

Agreement Illinois AIA Chicago 40

NH Construction Law

JULY 31, 2021

Finding the Uber registration “qualitatively different from a large business deal where sophisticated parties hire legal counsel to review the fine print,” id. Those websites should be designed so as to minimize claims of surprise and lack of assent.

Contract 40

Contract New Hampshire Agreement New Jersey 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

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. FOREIGN TRADE ZONES (FTZs): Secured areas legally outside of U.S. Eligibility qualifications are different for rural and metro areas. time permanent jobs paying above average wages.

Income 75

Income Finance Zoning Equipment 75

Levelset

JULY 7, 2022

In the event of a payment dispute, contractors file claims against the payment bond instead of against the property itself. Oregon bond claim laws. The main type of payment protection on Oregon public projects is the bond claim. The scope of who is able to file a claim is fairly wide, too. Working nearby?

Oregon 52

Oregon Claims Contract Contractors 52

Building Information Management

APRIL 24, 2016

Subcontracts. At the completion of the project, any savings associated with the Subcontract may be required to be passed along to the Order by way of a change order. Subcontract bid. When it is necessary for the Contractor may be allowed to use the services of a Subcontractor. Execution Procedures. An Identification (I.D.)

Contract 40

Contract Contractors Materials Site 40