Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Any party who could face potential liability should be included as an indemnified party. This is an easy way to avoid unexpected liability.

Liability 52

Liability Agreement Drafting Insurance 52

Construction Dive

JULY 23, 2014

The designer’s responsibilities – and liabilities – are to the owner. Liability in negligence to non-contracting parties would upset this carefully negotiated balance. And, the architect or engineer knows there will be reliance on these representations. ” Read more.

Drawings 57

Drawings Contractors Design Liability 57

Autodesk Construction Cloud

NOVEMBER 15, 2021

Karalynn also brought up the tendency of the industry to pass liability down the chain when drawing up contracts. For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

Colorado 52

Colorado Tennessee Claims Contract 52

Construction Dive

JUNE 19, 2013

.” In this case, the project owner had turned over complete control to the engineer, including selection of trade contractors, negotiation of prices and approval of payment disbursements.

Contractors 58

Contractors Design Arkansas Liability 58

Construction Lawyer

APRIL 3, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. Federal Court dismisses subs claim against GC because of arbitration provision. Because LaSalle was not in privity of contract with USACE, LaSalle needed VETS to sponsor its claim against them. If the net recovery on the claims were to exceed $4.3 Copyright Notice.

Claims 40

Claims Agreement Illinois Subcontracting 40

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Autodesk Construction Cloud

JANUARY 19, 2022

Negotiate better contract terms. It’s important to take the time to negotiate the best contract terms possible. To learn more about negotiating contracts and getting paid on time, check out this podcast episode , featuring Karalynn Cromeens. This is a trap contractors often fall into. Contract terms are a game of give and take.

Cash Flow 59

Cash Flow Management Profitability Change Orders 59

Construction Law Monitor

SEPTEMBER 10, 2015

Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. An indemnification clause obligates one party to compensate the other party for certain losses or damages resulting from third-party claims. An indemnification clause can help protect you against future liability.

Contract 40

Contract Construction Compensation Liability 40

Construction Law Monitor

SEPTEMBER 10, 2015

Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. An indemnification clause obligates one party to compensate the other party for certain losses or damages resulting from third-party claims. An indemnification clause can help protect you against future liability.

Contract 40

Contract Construction Compensation Liability 40

Fieldwire

JANUARY 16, 2024

Preconstruction and procurement: Negotiate and sign contracts with subcontractors. Effective team management Your team is the lifeblood of your organization, but far too many business owners have begun to regard labor as little more than a liability on their balance sheet. Learn more → 3.

Project Management 52

Project Management Management Construction Life Cycle 52

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 Accounting Claims 48

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

Construction Law Monitor

AUGUST 9, 2011

The Sloan court defines a liquidating agreement clause as a “process by which a general contractor may assert the claims of its subcontractors against the owner.” Pass Through Claims and Liquidation Agreements , Constr. ” This is similar to subrogation in the insurance context. Sloan pg 17. See Carl A. Ingwalson, Jr.,

Agreement 57

Agreement Contract Insurance Construction 57

FDR Safety

MARCH 19, 2020

Because of the potential liability and added complexity and legal issues involved in a fatality or catastrophic accident, the company should insist that legal counsel be contacted immediately and, if at all possible, before OSHA is allowed to start its inspection or any information is provided. How much is the penalty? It never hurts to ask.

OSHA 156

OSHA Inspections Conference Employment 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 Easy Way Or.

Construction 48

Construction Insurance Accounting Claims 48

Buisness Facilities Contributed Content

MARCH 9, 2016

A taxpayer who qualifies may claim either: a credit against income taxes or license tax may apply equal to 25% of the rehabilitation expenses. The credit can offset up to 100% of income or license tax liability and the credit may not exceed $500,000 in any one tax year. A negotiated FILOT could lower the assessment ratio from 10.5%

South Carolina 40

South Carolina Income Liability Leases 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

Buisness Facilities Contributed Content

JULY 11, 2014

Job Development Credit: South Carolina’s Enterprise Program is substantially different from the state’s other tax incentives because it does not reduce a particular tax liability; instead, it provides companies with funds to offset the cost of locating or expanding a business facility in this state. Workforce Development.

South Carolina 40

South Carolina Income Liability Finance 40

Construction Lawyer

MAY 2, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. " The final paragraph, § 21.4,  governed situations where the subcontractor asserts claims against the owner or architect. Unlimited liability for designers and contractors. Goodman has also worked on appeals and appeared before appellate courts.

Contract 40

Contract Illinois Legal Construction 40

Buisness Facilities Contributed Content

APRIL 15, 2014

If a business entity invests in a qualifying project that meets certain requirements and is approved by the Alabama Department of Revenue, and maintains minimum annual requirements, the company may receive an annual credit against its income tax liability generated from the qualifying project.

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

It is a credit of five percent of the capital costs of a qualifying project, to be applied to the Alabama income tax liability or financial institution excise tax generated by the project income, each year for 20 years. The credit is 20 percent of the actual costs limited to the employer’s income tax liability.

Income 75

Income Finance Zoning Equipment 75

Buisness Facilities Contributed Content

MARCH 8, 2016

A credit allowed to a corporation included in a consolidated North Dakota income tax return may be used to reduce the aggregate tax liability of all corporations included in the return. For devices installed before October 1, 2008, different carry forward periods apply.). Reference: N.D.C.C. § 57-38-01.8.

North Dakota 40

North Dakota Income Finance Equipment 40

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. APPLIANCES Negotiate for a contractor’s discount if you purchase all of your appliances from one trafficker.

Estimating 40

Estimating Bidding Budgeting Budget 40

Constructlaw

MARCH 24, 2023

These cases address topics, ranging from required liability insurance to compensation for a landowner’s loss of quiet enjoyment of their property. For certain projects that require permanent encroachments, this amendment would effectively change how parties negotiate for access.

New York 52

New York Compensation Liability Negotiation 52