Construction Dive

DECEMBER 17, 2018

The Washington Metro and the regional airports authority rejected a fix Capital Rail Constructors proposed for the second phase, claiming it requires too much maintenance, so negotiations are ongoing.

Washington 72

Washington DC Negotiation Metro 72

Constructlaw

FEBRUARY 29, 2024

This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. Other considerations: Plan to pursue warranty claims as quickly as possible. Reposted from Solar Power World with permission.

Claims 52

Claims Documentation Organization Plans 52

Best Practices Construction Law

JANUARY 22, 2018

the Court of Appeals of Mississippi recently 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 , the court held that the contractor’s claims against the engineer were barred by the doctrine of accord and satisfaction.

Claims 83

Claims Mississippi Legal Compensation 83

Construction Dive

OCTOBER 21, 2012

There are several steps that subcontractors should take if they want to maintain their rights to file delay claims, Navigant Construction Forum Executive Director James Zack said during a webinar that WPL Publishing held earlier this month. Zack and Navigant Consulting Inc. ” Read more.

Claims 48

Claims Subcontracting Bidding Negotiation 48

Levelset

MARCH 31, 2022

In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. In general, there are four parties involved in a restoration project: Property owner Insurance company Claims adjuster Contractor. Avoid insurance negotiations.

Insurance 93

Insurance Deals Contractors Claims 93

Job Order Contracting

JULY 28, 2021

B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work. JOC Contract: Enforceable Contract or Mere Agreement to Negotiate.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Federal Construction Contracting Blog

JUNE 27, 2022

As a follow-up to my earlier post about the need to develop a settlement strategy when a claim is headed for litigation, I reviewed the various decisions of the Armed Services Board of Contract Appeals (ASBCA) for the first five months of 2022. Over 90% of the ADRs before the Board have resulted in settlements.

Claims 52

Claims Negotiation Contractors Spirit 52

Viewpoint Construction Technology

JANUARY 15, 2019

How to respond to a cybersecurity incident from a non-technical standpoint: public relations, law enforcement involvement and contract negotiation with vendors. Claim Your Complimentary Spot Right Away. Register today to claim your complimentary spot at the Digital Contractor Roadshow. Can’t make it to a roadshow?

Roads 173

Roads Contractors Viewpoint Austin 173

Green Building Law Update

NOVEMBER 5, 2017

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. In absolute numbers there are more green building construction claims this year than last and more last year than the year before.

Green 120

Green Contract Documentation Claims 120

Best Practices Construction Law

SEPTEMBER 5, 2018

The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami. The trial court granted summary judgment in favor of the architect.

Claims 54

Claims Miami Contract Liability 54

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. Identify issues and establish a roadmap.

Claims 48

Claims Change Orders Legal Schedule 48

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

Lien 71

Lien Claims Massachusetts Contract 71

Viewpoint Construction Technology

FEBRUARY 19, 2019

Adding to the complexity are project durations (which can go from days to years), the broad scope of work, the logistical sequencing of tasks and any conditions tacked onto the contract.

Cash Flow 130

Cash Flow Forecasting Software Software 130

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 75

Contractors Design Arkansas Liability 75

Green Building Law Update

JULY 27, 2014

With a performance bond in place, the City and the surety announced in early March that they has negotiated a takeover agreement that will allow a new contractor to complete construction.

Documentation 120

Documentation Certification Contract California 120

Construction Dive

FEBRUARY 6, 2013

One of the steps that can be taken to minimize claims and disputes in construction projects is to determine early on what the markup will be on all change orders, Bryan Jackson, a partner in the Los Angeles office of Allen Matkins Leck Gamble Mallory & Natsis LLC, told professionals attending a webinar that WPL Publishing held late last month.

Change Orders 48

Change Orders Claims Los Angeles Negotiation 48

Lets Build

MAY 5, 2022

Webinar: How to connect your Snagging & QHSE processes to avoid claims and regain control. This puts you in a stronger position to negotiate a cost-effective outcome. This is more reliable, and also quicker, which means it’s more cost-effective for things like snagging templates or fault reporting. Everything is standardised.

Inspections 148

Inspections Software Software Documentation 148

Levelset

MAY 2, 2022

Levelset’s Contractor Profiles provide information on a contractor’s payment history, lien claims, and reviews from other contractors and suppliers. The post How To Negotiate A Higher Credit Limit With Your Building Material Supplier appeared first on Levelset. And it costs less than credit cards or other contractor financing options.

Negotiation 52

Negotiation Materials Cash Flow Finance 52

Job Order Contracting

JANUARY 5, 2017

This course teaches students strategies and procedures for technical discussion and negotiation with contractors in the JOC task order process. The students will understand the overall process of contract changes, modifications, and claims processes in accordance with the FAR and AFARS. 2017 PURPLE BOOK.

Contract 100

Contract Negotiation Office Agreement 100

Construction Dive

JANUARY 21, 2016

Featured …Retention Can’t Be Used as Leverage against ClaimWork Not Misrepresented During Negotiations The retained funds are released upon successful completion of the project to the parties that performed the work.

Claims 48

Claims Negotiation Contractors Industrial 48

Pro Builder

JULY 26, 2021

In today’s housing market, sellers are flexing their upper hand and claiming their appliances, toilets, sinks, and even their backyard fruit trees. The New York Times says self-cleaning toilets with bidets are a top item sellers have claimed during moves, as are kitchen appliances, likely to avoid appliance delays and shortages.

Deals 98

Deals Claims Contract New York 98

Construction Enquirer

JUNE 27, 2023

An update on the administration filed at Companies House said the firm was sunk by a combination of rising materials costs, project delays and defect liability claims. In its forecast for this year Howard Russell was predicting a turnover of up to £80m based on a rising number of negotiated contracts.

Debt 72

Debt Liability Negotiation Forecasting 72

Fieldwire

AUGUST 14, 2023

Retainage is up for negotiation Retainage is not set in stone. Every contract is negotiable, including what percentage is retained and for how long. BLOG How to Streamline Construction Processes from Planning to Payments Learn more → In addition, the same contract has a provision for negotiating variable retainage.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Construction Lawyer

FEBRUARY 3, 2014

In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification. contracts litigation'

Claims 40

Claims Illinois Agreement AIA 40

Construction Dive

NOVEMBER 21, 2013

By Bruce Jervis The competitive negotiation process is used with increasing frequency in the public procurement of construction contracts. Competitive negotiation provides public project owners with more flexibility than sealed bidding. A request for proposals stipulates technical considerations important to the project owner.

Negotiation 48

Negotiation Procurement Claims Bidding 48

Job Order Contracting

OCTOBER 18, 2016

The owner estimate or detailed analysis must be completed before receipt of the Contractor’s proposal and before negotiations take place. The owner estimate will be used to evaluate the reasonableness of the Contractor’s proposal and will serve as the owner’s pricing and quantity objective during negotiations.

Contract 100

Contract Procurement Negotiation Project Management 100

Construction Dive

FEBRUARY 6, 2013

By Bruce Jervis Sometimes final written contract documents are not consistent with prior negotiations or solicitations. Extrinsic evidence, such as testimony regarding contract negotiations, cannot be used to alter the meaning.

Contract 48

Contract Negotiation Agreement Claims 48

Construction Dive

JULY 23, 2014

Liability in negligence to non-contracting parties would upset this carefully negotiated balance. Featured in this Week’s Construction Claims Advisor:Contractor Can’t Sue Designer for Drawing ErrorsSettlement Agreement Should Not Have Been Disclosed' ” Read more.

Drawings 65

Drawings Contractors Design Liability 65

Construction Lawyer

APRIL 3, 2012

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. As such, they agreed "cooperate with each other to complete the Projects and to prosecute all Claims made to [USACE]."

Claims 40

Claims Agreement Illinois Subcontracting 40

Best Practices Construction Law

NOVEMBER 6, 2019

When the subcontractor was delayed, it submitted claim for $42,00 for the 21 days of delay damages. The contractor responded to that letter: “Execution of the Waiver and subsequent cashing of the check will not affect your ability to initiate and prosecute your claim against [us.” Wright & Morrisey, Inc. ,

Vermont 54

Vermont Lien Claims Negotiation 54

Job Order Contracting

MAY 31, 2017

Participate in the review and close-out of all Job Order Contracting task orders / projects, and make recommendations on, and assist in any disputes claims/issues and close-out activities of the project. Support JOC owner/JOC contractor negotiations between owner and contractors technical and procurement/purchasing teams.

Contract 100

Contract Management Life Cycle Estimating 100

Job Order Contracting

AUGUST 19, 2016

Individuals involved with project scoping and development as well as proposal negotiations with the contractor will not be the same individual responsible for monitoring quality assurance. Project scoping and project quality control/acceptance activities will be kept separate.

Contract 100

Contract Documentation Contractors Negotiation 100

Job Order Contracting

AUGUST 15, 2017

Individuals involved with project scoping and development as well as proposal negotiations with the contractor must not be the same individual responsible for monitoring quality assurance. Work scopes, government estimates, contractor’s proposals, awarded task orders, and contractor invoices are logically progressive, consistent and clear.

Contract 100

Contract Estimating Contractors Negotiation 100

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

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

Construction Dive

MAY 15, 2013

On a recent federal project, the contract price was to be “definitized” through negotiations once the design-build contractor had completed 95 percent of the construction documents. The government paid for construction work through a series of contract modifications authorizing “additional undefinitized funding.”

Negotiation 48

Negotiation Construction Procurement Claims 48