Construction Law Monitor

MARCH 9, 2012

Whether it be a public or private, commercial or residential, and no matter how large or small the project or contractor, the first question I ask any potential client is – where’s the contract? The contract is the cornerstone of any construction project and eventual dispute. A good construction contract will include: 1.The

Contract 69

Contract Construction Agreement Legal 69

Best Practices Construction Law

AUGUST 10, 2017

In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. Or when parties use the word “may” in their contract, performance is permissive or optional given the plain meaning of the word. And you don’t always mean what you say. The word “may” was permissive in nature.

Contract 79

Contract Agreement Virginia Construction 79

Construction Law Monitor

OCTOBER 26, 2010

Many experts believe that the AIA standard form contracts are drafted to protect the Architect. The contract documents should be drafted to protect this individual. The contract documents should be drafted to protect this individual. Contracts need to be tailored to fit the type of project perfectly.

AIA 61

AIA Contract Documentation Drafting 61

Best Practices Construction Law

NOVEMBER 21, 2019

The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. So, what should your contracts provide? (Again, it should be noted that some states limit the enforceability of these clauses by either statute or case law. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

Best Practices Construction Law

JUNE 24, 2016

Recently, a court addressed the question about whether a text message can constitute a writing sufficient under the Statute of Frauds to create an enforceable contract. The transaction involved numerous discussions and emails, including four drafts of a letter of intent from Buyer to Seller for purchase of a piece of property.

Contract 91

Contract Claims Documentation Change Orders 91

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

Green Building Law Update

MAY 3, 2015

But the old name remains in statutes and contracts and more. Members of the environmental industrial complex that deal in matters of LEED should review their contracts and other documents and update them now. That contract language might be some variation of. GBCI has changed its name to Green Business Certification Inc.

Documentation 120

Documentation Certification Green District of Columbia 120

Best Practices Construction Law

JULY 31, 2015

I’ve tried both and prefer a third: Contracts, which do not entertain, do not convey information or ideas, and do not try to persuade. ” In the world of commercial real estate and construction contracts, Siviglia hit the nail on the head. Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J.

Contract 48

Contract Drafting Claims Agreement 48

Construction Dive

AUGUST 11, 2016

Believe it or not, a construction contract with scores of provisions that runs dozens of pages does not actually define the entire legal relationship between the parties, regardless of how thorough the contract may seem or how much time and expense they invested in its drafting. By Stephen Hess, Esq. Read more.

Contract 48

Contract Drafting Negotiation Agreement 48

Construction Law Monitor

MARCH 28, 2011

What’s great about her post is that it discusses a very legal topic – construction contracts – from the perspective of someone in the business. Enjoy her insights, and to learn more about construction contracts, read from this category on our blog: Construction Contracts. But why is a contract necessary?

Contract 50

Contract Legal Construction Documentation 50

Building Radar

OCTOBER 8, 2024

As the standard set of regulations governing construction contracts in Germany, mastering VOB procedures can significantly impact project success. The VOB, comprising three parts, establishes the legal framework for construction contracts in Germany.

Contract 52

Contract Construction Documentation Project Management 52

Best Practices Construction Law

MARCH 18, 2021

The contractor claimed that the City breached its contract by supplying incomplete and inaccurate contract documents, which allegedly caused delays and a two-year extension to the project completion. ” My littlest chuckled. The contractor’s $15.7 million delay claim included approximately $2.3

Documentation 118

Documentation Claims Bidding Estimating 118

Green Building Law Update

DECEMBER 3, 2017

It is the unsophisticated who will encounter legal issues and be left holding the bag. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. Contract documents involving real estate must now prescribe who owns the building data.

Green 120

Green Risk Claims Drafting 120

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Construction Law

JULY 1, 2024

Legal terms explained Isabella Salame of Herbert Smith Freehills LLP examines what is meant by unforeseen ground conditions. Guest Editor Paul-Raphael Shehadeh of Duane Morris draws on the work of a CIA analyst to examine how sure lawyers might be when they advise clients of the chances of success in legal actions.

Drafting 52

Drafting Insurance Construction Contract 52

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. What exactly will be covered?

Liability 69

Liability Agreement Drafting Insurance 69

Best Practices Construction Law

JUNE 12, 2015

The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. So, what should your contracts provide? It is worth the effort to seek legal advice on these issues prior to drafting and executing contracts with other parties.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction Law Monitor

AUGUST 24, 2012

I recently found a good article on JDSupra.com , always a great source for solid legal content, regarding California Senate Bill 474. This Bill protects subcontractors when contracting so that they cannot be held liable to indemnify the general contractor or owner from certain types of negligence.

California 54

California Subcontracting Contract Legal 54

Construction Business Owner

FEBRUARY 2, 2012

Beane didn’t achieve success by drafting players based on his emotional judgments or media-based hype. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. In fact, I often wonder how smaller construction businesses with tighter margins can compete with the gigantic firms who have unlimited resources. April 2012.

Construction 120

Construction Software Software Accounting 120

Construction Law

JUNE 3, 2024

News Our regular news round up focusses on a disputes survey that suggests artificial intelligence will have an impact on contracts sooner than many think; a Labour Party plan that involves scrapping the IPA and the NIC; and a landmark legal victory for the government that forces a freeholder to fix serious building safety issues in a tower block.

Insurance 52

Insurance Construction Legal Drafting 52

Construction Law Monitor

MAY 30, 2012

Mediation and Arbitration have been touted as the faster, cheaper and more efficient way to handle legal disputes. This means that, unlike the slow judicial process, the rules by which each arbitration play by can be changed and altered based on the contracts between the parties and document that they incorporate.

Louisiana 59

Louisiana Contract Legal Drafting 59

Construction Law Monitor

MARCH 22, 2012

Just as in any legal contract, the devil is in the details. I have clients who have disputes over 30 year commercial leases all the way down to those with month-to-month residential leases and the key to successfully getting what you want is to anticipate any issues when drafting the lease and before it is executed.

Leases 60

Leases Louisiana Commercial Drafting 60

Construction Business Owner

JANUARY 30, 2011

Many of the contractors immediately shot down the concept with the age old line of questioning that pertains to the architects’ inability to draft an affordably reproduced plan and a perceived desire to be the next Frank Lloyd Wright on a modest budget. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->.

Contractors 120

Contractors Design Software Software 120

Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. For example, did you know that your email communications can be used to establish an enforceable contract, change order, or settlement? Image: Sean MacEntee.

Tennessee 48

Tennessee Change Orders Contractors iPad 48

NH Construction Law

OCTOBER 22, 2023

It happens this way: A contractor or subcontractor borrows money from a lender, and as security for the loan it gives the lender an assignment of or lien on its receivables and contract rights. Otherwise all construction contracts would have such a clause, thwarting the lender’s statutory rights. Suffolk Construction Co. ,

Security 40

Security Contract Accounting Construction 40

Green Building Law Update

MAY 6, 2018

With the upcoming May 25, 2018 effective date for the new European General Data Protection Regulation, the European Union law drafted to provide greater protections for the personal data of individuals, it is a good time to review and consider the large quantity of data generated by green buildings.

Green 120

Green Organization Regulation Drafting 120

Construction Law

FEBRUARY 2, 2024

News Our regular news round up features cost plus contracts being blamed for HS2 cost overruns; details of a new Transformation Delivery Partner contract from National Highways; and a Civil Nuclear Roadmap that backs a revived nuclear building programme.

Construction 52

Construction Insurance Procurement Drafting 52

Constructlaw

NOVEMBER 9, 2022

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. The court then noted that whether the TPA was valid centered around whether SGLC’s signature was necessary to officially form a contract. For its part, Spirtas demonstrated assent to the TPA by signing the TPA.

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. The court then noted that whether the TPA was valid centered around whether SGLC’s signature was necessary to officially form a contract. For its part, Spirtas demonstrated assent to the TPA by signing the TPA.

Agreement 52

Agreement Illinois Contract Bidding 52

Construction Business Owner

JANUARY 4, 2011

In that relatively short time frame I am able to draft an email from 30,000 feet and send it into the ether to any number of project team members. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. Field changes and conditions were scribbled on note pads. August 2012. April 2012. March 2012. February 2012.

Construction 120

Construction Software Software US 120

Construction and Infrastructure Law

JANUARY 9, 2020

This often includes entities and persons related to the contracting parties, not just the parties themselves. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. What exactly will be covered?

Liability 52

Liability Agreement Drafting Insurance 52

Best Practices Construction Law

NOVEMBER 26, 2019

The subcontractor filed a demand for arbitration against the contractor, seeking both its contract balance and approximately $40,000 in extra and/or change order work. The contractor paid the contract balance to the subcontractor, but the subcontractor filed a motion to confirm the award on the change order work. CV195021541S (Oct.

Change Orders 62

Change Orders Claims Contract Contractors 62

Best Practices Construction Law

JUNE 4, 2019

Remember that case where a court found that a string of text messages can form a binding contract ? While the case is certainly interesting and the holding appears to be novel, it appears consistent with traditional contract law principles. Lehman then sent the defendant the draft of a written settlement agreement.

Agreement 61

Agreement Contract Drafting Claims 61

Building Radar

OCTOBER 8, 2024

This structured approach ensures transparency, legal compliance, and quality assurance throughout the construction process. This includes reviewing the client’s goals, budget, and legal conditions. Rough drafts, cost estimates, and scheduling considerations are made at this point.

Housing 52

Housing Construction Plans Documentation 52

Construction Cost Estimating

JUNE 26, 2019

The contractor verifies that the project abides by all the specifications as provided in the contract documents. Focus on all legal and regulatory issues and requirements. Draft an efficient safety policy. Submit bills for the completed tasks as mentioned in the contract. Anticipate any probable changes.

Contractors 40

Contractors Legal Safety Liability 40

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

Levelset

SEPTEMBER 2, 2022

While E&O is not usually a legal requirement, many construction professionals take out an E&O policy to protect themselves against potentially devastating financial losses resulting from negligence. A construction contract creates a legal responsibility for the contractor to fulfill certain obligations to another party.

Insurance 52

Insurance Liability Claims Injury 52