Construction Dive

MAY 28, 2014

By Bruce Jervis Most state mechanic’s lien statutes provide that if a lien claimant willfully exaggerates the amount of its claim, the lien may be declared null and void. The purpose of these statutory provisions is to protect owners against overreaching or fraudulent claims. Claims can be overstated for a variety of reasons.

Lien 53

Lien Claims Subcontracting Legal 53

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

Best Practices Construction Law

JUNE 21, 2016

shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. ” The appellate court also found that actual knowledge of the delays and claims did not excuse the subcontractor from complying with the the notice requirements of the contract. .”

Claims 82

Claims Contract Legal New York 82

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

Construction Dive

JANUARY 9, 2013

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. It may affect the enforceability of the contract clause itself.

Contract 48

Contract Subcontracting Legal Ohio 48

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

Construction Dive

FEBRUARY 21, 2013

To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been. By Bruce Jervis Contractors performing work without proper state licenses are in great jeopardy. Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract.

Contractors 53

Contractors Bargains Subcontracting Claims 53

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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