Best Practices Construction Law

NOVEMBER 22, 2019

Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. Make a spreadsheet with key provisions.

Claims 62

Claims Documentation Contract Change Orders 62

Green Building Law Update

MARCH 31, 2019

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. Such is a real issue when in any given year the vast majority of commercial and industrial real estate transactions are leases and not contracts of sale. 9601 et seq.,

Liability 120

Liability Leases Defense Commercial 120

Green Building Law Update

AUGUST 30, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. A prospective tenant may now to seek BFPP treatment in the event of a future federal CERCLA cleanup action at the leased property or simply to ensure appropriate environmental stewardship of the property.

Site 156

Site Liability Leases Defense 156

Best Practices Construction Law

MAY 24, 2013

There are a variety of increased material costs that may be included in a request for additional compensation or a claim. If the claim includes material escalation costs, is there a contract clause covering such; and if so, is the amount requested in the claim consistent with the clause?

Claims 72

Claims Materials Compensation Estimating 72

Levelset

MAY 23, 2022

It can also be a lifesaver, as it will provide additional support to your business through the length of time it shuts down due to an event like a fire or theft. Additionally, it also can help protect against downtime caused by extreme weather events or other disruptive conditions.

Insurance 97

Insurance Contractors Construction Claims 97

Business Facilities

SEPTEMBER 22, 2014

This Contributed Column is brought to you by REAL STREET Expo , a new event sponsored by Business Facilities and Today’s Facility Manager magazines. Compensation Matters Most. That means more temporary staff, more consultants and contract workers, and even “crowd-sourced” projects. Posted by Heidi Schwartz.

Compensation 76

Compensation Management Organization Mobility 76

Best Practices Construction Law

AUGUST 16, 2012

Would it surprise you to learn that you may have waived that right in your contract? ” 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. In the recent case of Plato General Construction v.

Claims 48

Claims Compensation Contract Contractors 48

Federal Construction Contracting Blog

APRIL 21, 2022

Unfortunately, the construction industry could not employ the remote workplace, and projects continued to require hands-on personnel who could not socially distance as a practical matter and were at greater risk for contracting COVID. Workers were fearful for their families and understandably concerned about themselves.

Contractors 52

Contractors Compensation Contract Defense 52

Construction Dive

OCTOBER 7, 2012

For instance, if a design professional brings a collection action for a fee it is allegedly owed, the automatic response will be a counterclaim for breach of contract and professional malpractice. The engineering services agreement said that in the event of a dispute, the losing party would pay the winning party’s attorney fees.

Defense 48

Defense Claims Compensation Agreement 48

Best Practices Construction Law

JUNE 15, 2016

When you deal with construction claims, many believe that the largest component of any request for additional compensation is generally labor costs. A compensable loss in terms of labor productivity happens when the contractor uses more hours to complete a given unit of work than it would have used absent the intervening cause.

Products 48

Products Compensation Claims Schedule 48

Levelset

SEPTEMBER 14, 2022

Losses like this don’t occur frequently, but you must plan for the small chance that an event like this may happen. Such an occurrence could threaten the existence of your contracting business. Workers compensation insurance. It serves as an additional safety net for businesses in the event of a large claim.

Insurance 98

Insurance Liability Claims Injury 98

Best Practices Construction Law

MAY 22, 2018

In construction contracts, “active interference” is a recognized exception to the enforcement of what is known as a “no damages for delay” clause. The contract contained a “no damages for delay” clause specifically making reference to delays caused by substructure contractor. Lesson Learned.

Claims 48

Claims Railroad Contract Missouri 48

Best Practices Construction Law

MAY 31, 2016

Since the applicable statute waives a county’s sovereign immunity for breach-of-contract damages that are “a direct result of owner-caused delays,” the Court had to decide whether disruption damages—as opposed to delay damages—were recoverable. The Contract. ” Owner-Related Delays. Sovereign Immunity Argument.

Claims 48

Claims Compensation Contract Contractors 48

Best Practices Construction Law

NOVEMBER 4, 2015

Generally, you have to make sure that you comply with the contract or insurance provisions by: (1) giving written notice of the claim; (2) to the correct party; (3) within the time required; and (4) identifying the event giving rise to the claim. Also, you will want to identify any contract interpretation issues.

Claims 48

Claims Change Orders Legal Schedule 48

Fieldwire

AUGUST 31, 2023

This is in contrast to primary contracts, which are usually required to be bonded by law. If the project isn’t finished due to events outside of your control — or if payment negotiations between the general contractor and primary client break down — you may be caught waiting for compensation on finished work and used materials.

Subcontracting 98

Subcontracting Contractors Negotiation Employment 98

Levelset

SEPTEMBER 2, 2022

A construction contract creates a legal responsibility for the contractor to fulfill certain obligations to another party. Professional liability insurance can provide important additional coverage by handling claims of financial loss related to contracting services. What E&O doesn’t cover.

Insurance 52

Insurance Liability Claims Injury 52

Building Information Management

SEPTEMBER 18, 2015

Best Practices for Multiple Award Task and Delivery Order Contracting. TASK AND DELIVERY ORDER CONTRACTING. This interim document contains our current views on best practices in the use of task and delivery order contracts, in particular multiple award contracts, as authorized by the Federal Acquisition Streamlining Act (FASA).

Contract 40

Contract Contractors Procurement Office 40

DebunkTheBIM

MAY 3, 2020

The architects of the old times, that lost their ground by choosing to specialize in ‘design’ yet forfeit construction management and contract admin, are all but gone and the new ones do not seem to know any different. The above process is not that different to many other PM jobs, like organising an event or shooting a feature film.

Project Management 81

Project Management Construction Consulting Management 81

NH Construction Law

JUNE 30, 2022

They can arise from contractor fault, owner fault, or to events beyond either party’s control – or any combination of these. Because freedom of contract is an overarching principle in the law, courts generally enforce no-damages-for-delay clauses. Iowa Southern Utilities Co. , 376, 397 (S.D. Iowa 1973). 3d 155, 161 (Colo.

Liability 40

Liability Contract Iowa Contractors 40

Levelset

AUGUST 24, 2022

Policyholders General contractors General contractors and subcontractors Type First-party Third-party Cost Generally 1% to 5% of contract Generally 4% to 8% of contract. Buildings in progress are subject to many potential hazards, and builder’s risk insurance can help a builder recoup costs in the event of property damage.

Liability 52

Liability Risk Insurance Contractors 52

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. For this reason, owners and contractors should ensure there is consistency among the dispute resolution provisions of the various contracts.

Construction 52

Construction Claims Contractors US 52

NH Construction Law

AUGUST 13, 2020

In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach). In Mentis Sciences, Inc. 3d 799, 808, 11 N.E.3d

Profitability 40

Profitability Contract Liability Bargains 40

Constructlaw

DECEMBER 7, 2020

Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on what events had an impact on global economy that have led to an increase in filings. Mealey’s: What, if any, events had an impact on the global economy that have led to increased filings? All rights reserved.].

Claims 40

Claims Insurance Bankruptcy Legal 40

Levelset

SEPTEMBER 30, 2022

Surety bonds : Surety bonds pay out to an owner or GC if you are not able to perform your work per the terms of a construction contract. . If approved for the policy, you’ll need to remit a down payment to bind the contract, and then you’ll be covered as of the effective date. . How much does carpenter’s insurance cost?

Insurance 52

Insurance Liability Accidents Injury 52

Levelset

OCTOBER 13, 2022

Construction contracts often require that each hired specialty contractor maintain a minimum level of insurance coverage, and a COI will reflect that status. If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. There are a few parties that might require a COI from your contracting business.

Insurance 52

Insurance Certification Contractors Liability 52

Safety Services Company

FEBRUARY 19, 2020

Most construction projects begin with signing a contract. Legal risks can include situations wherein a breach of contract occurs. This might mean that the project ran too long or the workers didn’t get the compensation they were promised. Risk management plans often save companies from going under in the event of an emergency.

Risk 62

Risk Management Construction Safety 62

Safety Services Company

FEBRUARY 18, 2020

Most construction projects begin with signing a contract. Legal risks can include situations wherein a breach of contract occurs. This might mean that the project ran too long or the workers didn’t get the compensation they were promised. . Risk management plans often save companies from going under in the event of an emergency.

Risk 62

Risk Management Construction Safety 62

Buisness Facilities Contributed Content

MARCH 8, 2016

New Hampshire Government Contracting Assistance Center: A cooperative program of the New Hampshire Division of Economic Development and the U.S. Stay at Work : Work Share In the event of a business slowdown, a company may reduce work hours of its employees to avert layoffs. BUSINESS SERVICES.

New Hampshire 40

New Hampshire Defense Finance Compensation 40

Autodesk Construction Cloud

JANUARY 8, 2023

Everyone, including the contractor, owner and architect/design team operates under the same contract and works with the same goals in mind. IPD goes beyond a contract because it’s a type of contract. Recruit internal team members: Select the in-house or contracted members that best suit the roles.

Construction 52

Construction Agreement Contract Project Management 52

Levelset

SEPTEMBER 23, 2022

Between miscommunication, the wrong specifications, carelessness, or events out of anyone’s control, things can go wrong, and the damages can be expensive. Events like damage to tools and equipment, faulty building design, or defective materials typically aren’t covered in a builder’s risk policy. the person hiring the contractor).

Insurance 52

Insurance Liability Accidents Risk 52

Pro Builder

JULY 30, 2021

Some days you may have to remind them that they pay workers’ compensation premiums, too, and participation in safety education and enforcement is in their own best interests. If OSHA is active in your area, all builders are forced to pay attention to site conditions, which helps even the playing field. What trade shortage?” .

Schedule 119

Schedule Bidding Plans Management 119

Buisness Facilities Contributed Content

MARCH 8, 2016

The department hosted Town Hall events throughout the state during the first week of June to gather public input toward development of guidelines and policies for FY16. . . The credit may be applied against the taxpayer’s gross receipts tax liability or compensating tax liability. LEDA funds are provided on a reimbursable basis only.

New Mexico 40

New Mexico Compensation Income Railroad 40

Buisness Facilities Contributed Content

JULY 11, 2014

The updated Oklahoma incentives guide is brought to you by Real Street Expo , a new event sponsored by Business Facilities and Today’s Facility Manager magazines. “Quality Event” is a meeting of the members for a nationally recognized organization. .

Oklahoma 40

Oklahoma Finance Zoning Oklahoma City 40

Buisness Facilities Contributed Content

JULY 11, 2014

The updated New Mexico incentives guide is brought to you by Real Street Expo , a new event sponsored by Business Facilities and Today’s Facility Manager magazines. The credit can be applied to the state portion of the gross receipts tax, compensating tax and withholding tax. Any excess credit will be refunded to the taxpayer.

New Mexico 40

New Mexico Compensation Income Finance 40

Job Order Contracting

JULY 12, 2018

For analyzing short-term price trends in the economy, seasonally adjusted changes are usually preferred since they eliminate the effect of changes that normally occur at the same time and in about the same magnitude every year—such as price movements resulting from weather events, production cycles, model changeovers, holidays, and sales.

Estimating 100

Estimating Retail Statistics Electrical 100

Autodesk Construction Cloud

AUGUST 21, 2023

Most organizations provide specialized training, workshops, and events to help construction pros level up their knowledge and skills. So, reevaluate your current compensation packages and strive to offer highly competitive salaries and benefits. If you're looking to upskill your team, you can do so by taking the following steps.

Construction 40

Construction Estimating Budget Budgeting 40

Construction Test

MAY 18, 2020

Some of Britain’s biggest holiday lettings firms have been reported to the competition regulator after an investigation raised concerns they could be using unfair contract terms to deny customers refunds for cancellations. over concerns they could be using unfair contract terms to deny customers refunds for coronavirus cancellations.

Regulation 26

Regulation Travel Claims Contract 26