ENR Construction

NOVEMBER 1, 2022

and its president agreed to settlement resolving alleged disadvantaged business enterprise subcontract claim on a state highway project. Abbonizio Contractors Inc.

New Jersey 69

New Jersey Subcontracting Contractors Claims 69

Construction Dive

DECEMBER 24, 2013

It was a rather prosaic and old-fashioned question: To which address should a notice of claim, transmitted by certified mail, be addressed? The Minnesota Supreme Court said the state payment bond statute created a trap for the unwary -- details of which can defeat meritorious claims.

Claims 48

Claims Subcontracting Minnesota Bidding 48

Construction Marketing

JULY 24, 2014

Value of the project and often value of major subcontracts. RCD claims to have a stronger group of reporters on private projects. Dodge does the same kind of thing through their hands-on customer service, which they claim as a huge differentiator. The company also claims Dodge shared what it learned with its sales staff.

Construction 218

Construction Claims Products Commercial 218

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

NH Construction Law

JULY 22, 2023

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. Such was the case in Flatiron-Lane v.

Subcontracting 40

Subcontracting Contract Contractors New Hampshire 40

Construction Dive

FEBRUARY 21, 2013

Featured in this Week’s Construction Claims Advisor:Contractor with Knowledge of Sub’s Unlicensed Status Could Enforce Subcontract‘Aesthetic Effect’ Exception to Arbitration Based on Trade UsageContractor Did Not Violate California Claims Act

Contractors 77

Contractors Bargains Subcontracting Claims 77

NH Construction Law

NOVEMBER 30, 2020

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. 106-277 at *5 (1999), tells us: “This bill does not void subcontract provisions requiring arbitration or other alternative methods of resolving disputes. Industrial Lumber Co. ,

Claims 40

Claims Subcontracting United States Contract 40

Construction Marketing

DECEMBER 22, 2010

Value of the project and often value of major subcontracts. RCD claims to have a stronger group of reporters on private projects. Dodge does the same kind of thing through their hands-on customer service, which they claim as a huge differentiator. The company also claims Dodge shared what it learned with its sales staff.

Construction 238

Construction Remodeling Claims Products 238

Best Practices Construction Law

JULY 31, 2013

The prime contractor, Wilson, subcontracted the paving work (including the resurfacing of existing runways and paving of new runways) to Foster. Although the court ruled against Foster on its claims, it did so because the subcontractor failed to prove its case. The Lesson. Image: US Army Corp of Engineers.

Claims 86

Claims Subcontracting Mississippi Tennessee 86

NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 267 F.Supp.3d

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Green Building Law Update

DECEMBER 13, 2015

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.

Foundation 120

Foundation Liability Maryland Claims 120

Constructlaw

MARCH 10, 2023

a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.

Connecticut 52

Connecticut Subcontracting Claims Travel 52

Best Practices Construction Law

FEBRUARY 1, 2024

The alleged misrepresentations include issues related to subcontractor quotes, firm fixed prices, subcontracting plans, and more. Misrepresentation of firm fixed prices and acceptance of subcontract terms. Misrepresentation of the scope and value of work subcontracted to a key subcontractor.

Defense 62

Defense Contract Subcontracting Engineering 62

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

Constructlaw

APRIL 20, 2023

Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). FE&C’s amended complaint also included claims for violation of the Tennessee PPA.

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

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 52

Lien Claims Subcontracting Legal 52

Construction Dive

OCTOBER 28, 2012

The contractor had subcontracted the architectural design to another company. The publisher of a local newspaper requested a copy of the subcontract. The prime contractor and the architect objected, citing confidential and proprietary information contained in the subcontract.

Contract 48

Contract Subcontracting Documentation Minnesota 48

Construction Dive

DECEMBER 5, 2012

It can also be used to support claims for delay and disruption. ” These clauses are common in subcontracts. A contractor may want flexibility in scheduling subcontracted work. When properly updated and maintained, the schedule is a powerful tool for project control and administration.

Schedule 48

Schedule Subcontracting Claims Agreement 48

Construction Lawyer

APRIL 3, 2012

Federal Court dismisses subs claim against GC because of arbitration provision. April 2, 2012), dismissed an action by a subcontractor against the general because there was an agreement to arbitrate in the subcontract. The Subcontract incorporated the terms and conditions of the Prime Contract by reference.

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

Constructlaw

JUNE 22, 2020

Environmental Safety Corporation’s (“PAL”) complaint alleging numerous causes of action in connection with its suit against CEC … Continue reading Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering the Same Subject Matter.

Michigan 52

Michigan Permits Claims Contract 52

Constructlaw

OCTOBER 20, 2022

The court rejected X-Treme’s argument that the no-damage-for-delay provision did not bar its claim because the cause of the delay (incomplete drawings) was not within the parties’ contemplation when they executed their subcontract. The court also affirmed the dismissal of X-Treme’s counterclaim for unpaid amounts.

Lien 52

Lien New York Subcontracting Claims 52

Construction Dive

AUGUST 14, 2013

By Bruce Jervis It is well established that if a contractor wants to enforce a “pay-if-paid” clause in a subcontract, the clause must state that payment by the project owner for the subcontractor’s work is a condition precedent to the contractor’s obligation to pay the sub for that work.

Subcontracting 52

Subcontracting Claims Risk Contractors 52

Constructlaw

JULY 14, 2022

Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). The Subcontract contained two signature lines, one for “Sweet Construction Approval” and one for “Arenson Office Furnishings Approval.” ASD was not a party to the Subcontract.

Subcontracting 52

Subcontracting Banking Contract Claims 52

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

Construction Dive

FEBRUARY 26, 2014

These subcontract provisions make the prime contractor’s obligation to pay, or at least the timing of the payment, contingent upon the contractor’s receipt of payment for the sub’s work from the project owner. The court rejected this argument.

Subcontracting 52

Subcontracting Defense Claims Contractors 52

Safety Services Company

MARCH 5, 2013

In the letters, Barminco claimed the performance was in violation of the company’s “core values of safety, integrity and excellence.” The dismissal letters forbid any of the group from being “subcontracted by Barminco at any site domestically and globally.”.

Safety 87

Safety Subcontracting United States Accidents 87

Construction Dive

DECEMBER 19, 2012

The bonds incorporate the terms of the construction contract or subcontract by reference. The prime contractor subsequently terminated the subcontract for default and moved against the sub’s performance bond. The sub’s surety said, in effect, “This is not the subcontract we agreed to bond.”

Change Orders 48

Change Orders Subcontracting Negotiation Contract 48

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. It serves as an additional safety net for businesses in the event of a large claim.

Insurance 98

Insurance Liability Claims Injury 98

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. Ability for fast track/phased construction.

Bidding 100

Bidding Construction Documentation Subcontracting 100

Construction Dive

JANUARY 9, 2014

The contractor defaulted the sub for failure to maintain the subcontract schedule. Featured in this Week’s Construction Claims Advisor:Contractor Spoke from Both Sides of Mouth Regarding DelayDelay Damage Disclaimer Enforced Against Sub on Public ProjectRejection of All Bids after Price Disclosure Upheld'

Contractors 62

Contractors Subcontracting New York Claims 62

Federal Construction Contracting Blog

JULY 31, 2024

As the prime contractor, the JV entered into subcontracts with both Yorktown and Threat Tec to perform the TRADOC work. The JVs subcontract with Yorktown was for 12 months and included four one-year option periods, which the JV had the unilateral right to exercise.

Subcontracting 52

Subcontracting Agreement Regulation Contract 52

Construction Dive

MAY 21, 2014

Featured in this Week’s Construction Claims Advisor:Creative Procurement Violated Bidding Statutes‘Unrestricted’ Site Access Not Necessarily a WarrantyLump Sum Bid Did Not Violate Subcontracting Limitations Clause' The contractor is responsible for independently determining and assessing the adequacy of site access.

Site 57

Site Subcontracting Bidding Procurement 57

Construction Dive

JANUARY 9, 2013

A payment clause in a subcontract stated that payment by the project owner to the prime contractor was a “condition precedent” to the contractor’s obligation to pay the subcontractor. Subcontract payment clauses containing this term have generally been enforced against subcontractors.

Contract 48

Contract Subcontracting Legal Ohio 48

Construction Dive

AUGUST 11, 2016

Unfortunately, many of the subcontractor quotations contain terms and conditions inconsistent with the contractor’s preferred subcontract terms. Featured … Bidder’s Reliance on Subcontractor Quote Not ReasonableDescriptive Narrative Insufficient to Support Claim

Subcontracting 48

Subcontracting Bidding Claims Contractors 48

Construction Dive

SEPTEMBER 24, 2014

Featured in this Week’s Construction Claims Advisor:Owner Allowed to Sue Sub for Negligent Performance of Subcontract WorkGeneral Statement Superseded by Specific Directive'

Subcontracting 57

Subcontracting Insurance Texas Claims 57

Carol Hagen

AUGUST 31, 2009

I spoke with a subcontracting firm (company B) that did the opposite of what was described above. A general contracting firm claimed they had not approved of a change order (they themselves did not archive their own email) and this subcontractor showed them a copy of their email approval.

Subcontracting 100

Subcontracting Documentation Change Orders Legal 100