Levelset

AUGUST 30, 2024

These acts represent a substantial shift in how payment bond defenses are handled for sureties under both the Public Works Act and the Private Works Act. The new laws expand the defenses available to sureties. The courts rejected these defenses because allowing sureties to do so would contradict the Private or Public Works Acts.

Louisiana 52

Louisiana Materials Defense Claims 52

Best Practices Construction Law

NOVEMBER 21, 2019

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

Green Building Law Update

NOVEMBER 5, 2017

The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Levelset

MAY 16, 2022

This Act has a fair amount of rules and requirements that must be followed on home improvement projects, specifically when it comes to the terms of their contracts. There are a few provisions that every construction contract should have. PA home improvement contracts: What’s required? Contract price.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Best Practices Construction Law

NOVEMBER 15, 2019

And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a number of disputes, poor practices, and conflicting personalities created a climate of dishonesty, distrust, and lack of effective communication.

Schedule 48

Schedule Contract Contractors United States 48

BD+C

OCTOBER 7, 2024

Time is of the Essence With Construction Litigation Across most jurisdictions in the United States, time is an issue from a legal perspective. Walter P Moore and Munsch Hardt reviewed the subcontractors’ contracts to determine their scope of work.

Insurance 52

Insurance Legal Documentation Claims 52

Job Order Contracting

FEBRUARY 6, 2019

Or… Job Order Contracting is a LEAN procurement and project delivery method for facilities repair, renovation, and minor new construction. It can deliver major benefits, but only if fundamental LEAN processes are adhered to and the real property owner actively participates and provides leadership.

Procurement 100

Procurement Renovating Change Orders Overhead 100

Levelset

SEPTEMBER 8, 2022

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. It can pay for medical costs and legal fees. This coverage protects businesses from third-party lawsuits and pays legal fees for the defense of allegations of slander or libel.

Liability 52

Liability Insurance Claims Legal 52

Best Practices Construction Law

MARCH 10, 2020

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. The Government’s final payment defense is an affirmative defense on which the Government bears the burden of proof. In Appeal of Matcon Diamond, Inc. 59637 (Feb.

Claims 62

Claims Compensation Overhead Defense 62

Best Practices Construction Law

SEPTEMBER 24, 2020

While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case. The Contract. Under the contract, the County was responsible for moving gas, water, and fiber-optic utilities.

Claims 118

Claims Compensation Contract Contractors 118

Levelset

SEPTEMBER 14, 2022

Medical expenses, property damage, and legal defense costs can grow quickly. An uninsured business would likely not have the financial resources to pay a large legal settlement. Such an occurrence could threaten the existence of your contracting business. 7 insurance policies subcontractors may need.

Insurance 98

Insurance Liability Claims Injury 98

Best Practices Construction Law

JUNE 21, 2016

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” Like every legal question, the answer is: It depends! In Schindler v.

Claims 82

Claims Contract Legal New York 82

Job Order Contracting

JULY 10, 2017

The two most widely known and used forms of LEAN construction are Integrated Project Delivery, IPD, and Job Order Contracting, JOC. Virtual elimination of legal disputes. This is possible if the processes and tools used are independent and objective, and LEAN best management practices (BMPs) are adopted and maintained.

Renovating 100

Renovating Construction Procurement Change Orders 100

Building Information Management

JULY 16, 2015

Job order contracting (JOC) is a way for organizations to get numerous, commonly encountered construction projects done quickly and easily through multi-year contracts. Job Order Contracting is a proven construction delivery method that delivers more projects on-time and on-budget than traditional methods.

Contract 40

Contract Contractors Bidding Procurement 40

Construction Lawyer

APRIL 16, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Defense 40

Defense Illinois AIA Chicago 40

Building Information Management

SEPTEMBER 18, 2015

Federal Sector Job Order Contracting – 2015 [1]. The following is a listing of considerations when implementing, managing, and /or working with Federal Government Job Order Contract. Contracting Considerations. Location of Contracting Office. Contract Option Years. Planning and Contract Award. JOC Contract.

Contract 40

Contract Negotiation Office Plans 40

Green Building Law Update

MAY 17, 2012

Someone recently asked me why I was baffled about the Department of Defense's decision to use both LEED and a green building code. The Department of Defense has proposed a green building code in order to streamline the process of applying for LEED certification. Here are two reasons: 1. The policy is a waste of taxpayer money.

Green 120

Green Risk Certification Contract 120

NH Construction Law

JANUARY 30, 2022

”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed. The argument that the insured’s consent to a partial settlement should be required is in tension with the principle that the parties’ contract should determine their rights. City of Keene , 898 F.2d

Insurance 40

Insurance Liability Defense New Hampshire 40

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. Any party who could face potential liability should be included as an indemnified party.

Liability 90

Liability Agreement Drafting Insurance 90

Best Practices Construction Law

JUNE 12, 2015

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. However, in Thomas J.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction Lawyer

MARCH 16, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >. LEXIS 5034 (2d Cir.

Contract 40

Contract Illinois AIA Chicago 40

Job Order Contracting

MAY 19, 2017

Once the estimate is mutually approved the construction team uses the estimate for the development of the schedule of values, the cost loaded schedule, and management of the construction progress and costs within the limits of the estimate, the associated construction delivery method, contract, and detailed written operations or execution manual.

Estimating 100

Estimating Construction Life Cycle CSI 100

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. ” 286 A.3d 3d at 1200. ” 286 A.3d 3d at 1201.

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. Any party who could face potential liability should be included as an indemnified party.

Liability 52

Liability Agreement Drafting Insurance 52

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC.

Green 120

Green Risk Claims Drafting 120

Best Practices Construction Law

MAY 12, 2014

In its simplest terms, a statute of limitation is a time limit for bringing a lawsuit ( i.e. , you may have six years to file suit on a breach of contract dispute), whereas a statute of repose is the “drop-dead” date where the legal no longer exists. Time-barred claims. In State v.

Claims 54

Claims Connecticut Legal Construction 54

Levelset

SEPTEMBER 30, 2022

If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . And while it’s not a legal requirement in most cases, in some states it may be required to get licensed. Does a carpenter need insurance? Carpentry is a diverse occupation.

Insurance 52

Insurance Liability Accidents Injury 52

Levelset

SEPTEMBER 16, 2022

It pays for repairs of damages to the surrounding property, as well as legal expenses incurred during a lawsuit. The coverage kicks in when: The contract has been completed All of the work has been completed The work has been put to its intended use. It covers the damages caused by faulty work, product failure, or other causes.

Insurance 52

Insurance Liability Claims Contractors 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

Construction Lawyer

MAY 2, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.  Section 21.1

Contract 40

Contract Illinois Legal Construction 40

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

Claims 40

Claims Insurance Bankruptcy Legal 40

Job Order Contracting

APRIL 30, 2022

Partnering in major contracts: Paradox and metaphor. Journal of Legal. incentive contracts. construction: a case study on MTRC TKE contract 604 in Hong Kong. Channel Tunnel Rail Link: a contract partnership. construction contracting. Partnering: contracting for the future. Management Institute.

Construction 227

Construction Project Management Engineering Management 227

Construction Lawyer

APRIL 15, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Contract 40

Contract Illinois AIA Chicago 40

Best Practices Construction Law

MAY 31, 2016

Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case.

Claims 48

Claims Compensation Contract Contractors 48

Construction Lawyer

APRIL 27, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

Design 40

Design AIA Illinois San Diego 40

NH Construction Law

FEBRUARY 25, 2018

Legal fees incurred by A in the skirmish with B may be recovered from C as damages , i.e., as the natural and foreseeable consequence of C’s wrongful conduct. But matters are different in three-party scenarios, where A is forced to litigate with B due to the acts or omissions of C. attorney fees. Gould , 74 N.H. Bergeron , 110 N.H

New Hampshire 40

New Hampshire Injury Contract Claims 40

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Industry-specific legal concepts. 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