This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq.,
Depending on the type of contracting business you run, you could face laws regarding taxation, employment, product liability, premises liability, discrimination, health and safety, and various other regulations.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,
Legal terms explained Tse Wei Lim and Yun Wen Soh of Herbert Smith Freehills LLP explain what decennial liability means. Only claims against bodies subject to a relevant liability will succeed, the TCC has ruled. A fresh approach to drafting and risk allocation will be needed, they argue.
But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.
But we do know the facts as recited by the trial judge in a May 4, 2015 opinion ruling on motions, More than 15 years ago, CBF contracted with SmithGroup, Inc. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000.
Two of the most common insurance policies that contractors have are builder’s risk and general liability, which serve very different purposes. Builder’s Risk Insurance General Liability Insurance Coverage Covers a building under construction—and often tools, equipment, and materials related to the project.
Introduction of Tort Vs Contract. A tort , in common law jurisdiction, could be a tort (other than a breach of contract) that causes an applicant to suffer loss or hurt, leading to legal liability for the one that commits the act. A contract is lawfully enforceable as a result of it meets the wants and approval of the law.
“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.”. Such an occurrence could threaten the existence of your contracting business.
Analysis Generative Artificial Intelligence to transform construction procurement Constructions long and complex supply chains increasingly come under pressure, partly due to geopolitical events beyond the industrys control, but partly also for reasons that it can often do something about. Some risks are already uninsurable, he warns.
The Agreement contained a sole-and-exclusive remedy provision that, in the event of DonRob’s default, gave 360 the right “to elect between the following options: (a) to declare this Agreement terminated … [and be refunded] all of the Earnest Money, or (b) maintain an action against Seller for specific performance ….
Heck, you get trophies for participating in an event—not winning it. In our business we fight tooth and nail to stay competitive and win contracts. Public Exposure and Liability on Construction Sites. If you ask me, competition is what’s missing these days. It’s easy to get preoccupied with trying to level the playing field.
When a contractor or subcontractor is sued for defective workmanship, one of his first thoughts is likely to be whether the damages are covered by his liability insurance. Many professional liability policies have them. Few commercial general liability policies do.)
A colleague of mine has even considered not calling his children when a family event occurs, because his kids have generally heard about it two days prior via Facebook. Public Exposure and Liability on Construction Sites. This new technology and medium for engagement and networking isn’t going anywhere. August 2012. April 2012.
Called their “Spring Creek” event, CFMA chapter presidents from around the country gather for several days of leadership and team building exercises in Arizona. Public Exposure and Liability on Construction Sites. « Some Advice on Change Orders. iConstruction » Judging Tipis. Committing Intentional Project Communications.
Luckily, because the event was sponsored by CBO, I had the chance to sit in and ask questions of these readers. Public Exposure and Liability on Construction Sites. Ideas start flowing and problems are solved. I would tell you more, but one of the reasons these discussions are so fruitful is that they are confidential. August 2012.
During the boom years, it was unheard of to bring a superintendent into the office for a planning event and definitely far-fetched to have them assist in the estimating process. Public Exposure and Liability on Construction Sites. Committing Intentional Project Communications. Better Project Management through Better Communication.
Each year at this event I’m reminded that collaboration is vital to our construction industry. Public Exposure and Liability on Construction Sites. I am a believer in real collaboration – after all, we did just launch a new product created specifically for project collaboration. Committing Intentional Project Communications.
While general liability insurance covers against claims related to injury or property damage, errors and omissions insurance protects from lawsuits related to financial loss. Errors and omissions insurance, also called professional liability insurance, is one tool that contractors can use to transfer risk away from themselves.
We will never advertise a one-day only Sale-a-Rama event with something for everyone. Public Exposure and Liability on Construction Sites. Our marketing department is focused on identifying only contractors that are the best fits for our product’s features and benefits. We May Walk Away From a Sale. August 2012. April 2012. March 2012.
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.
In the event of a default, the liability is a property tax lien collected by the local government with the priority associated with other real property tax liens, so existing mortgage holder consent is required. There are now lenders eager to provide the upfront capital for PACE programs.
Murphy , (May 18, 2016), the Federal Circuit recently held that, for purposes of the six-year limitations period of the Contract Disputes Act (CDA), a contractor’s claim did not accrue when a terminated subcontractor stopped its work. For liability to be fixed, some injury must have occurred. In Kellogg Brown & Root Servs.,
Just like we expect our smart phones to alert us of daily events and provide us with apps that are easily accessible, contractors are expecting more from their machines and software. Tekla had a message for contractors at the show: Don’t wait until you are contracted on a job to utilize the power of BIM (building information modeling).
Between miscommunication, the wrong specifications, carelessness, or events out of anyone’s control, things can go wrong, and the damages can be expensive. If a sub accidentally drops a steel beam on the project manager’s new sports car, that subcontractor’s liability insurance policy would likely cover the damage.
There are many policies that apply to a carpenter, but a simple business owner’s policy can include property damage and liability coverage. 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. . Does a carpenter need insurance?
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.
For example, with agency cuts will come employee furloughs that could affect the work by contracting officers and other acquisition personnel. Finally, there will likely be terminations and suspensions of existing contracts where appropriate. Communication throughout this process is key. Communication throughout this process is key.
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. Delays on construction projects are as common as shells on the shore.
It is sold as an extension to your general liability insurance policy and may be required by the state you work in or the project owner. Completed operations coverage is bundled with a contractor’s general liability policy. Completed operations covers liability from work that is already completed (i.e., not in progress).
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
Businesses in the construction industry in Singapore and beyond need to go back to the root of the problem and buffer for risks that have already existed in the industry including intensifying overseas competition that has led to declining contract values and slim margins. Data helps.
In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. The jilted sub sued for breach of contract and breach of the Consumer Protection Act.
The letter noted a number of recorded subsidence events going back several decades. It included a map (Figure 5) showing the locations of several such events. Within a few weeks of the subsidence event, the Illinois State Board of Education determined that the damage was so severe that the building was condemned.
In the event of a payment dispute, contractors file claims against the payment bond instead of against the property itself. New Jersey bond claim laws & liens on contract funds. Liens on contract funds are only available on public works projects that haven’t been commissioned by the state or state agency.
Contracting parties can and often do agree that in the event of litigation between them, the “prevailing party” will be paid his attorneys’ fees incurred in the fight. in attorneys’ fees to a homeowner who sued for $12,400 and won a $6,800 jury verdict on a breach of contract claim. And sometimes it is.
We’ve written before about what happens in Louisiana when a bidder on a public project violates time requirements under the Louisiana Public Works Act , but what happens when Louisiana or a city within violates time requirements in failing to execute contracts and notices to proceed with a winning bidder for a public project? Drennan, Inc.
PMI ) 68% – more than 2/3rd – of organizations outsourced or contract project managers in 2018. ( Focus on driving long-term results instead of fixating on isolated events. Project Performance and the Liability of Group Harmony?, Wellingtone ) Only 55% of organizations don’t have access to real-time KPIs.
The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”
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. Sabo & Zahn LLC is an Illinois Limited Liability Company. He has handled all facets of litigation from pleading to motion practice to discovery to trial.
There will be resistance from contractors unwilling to cede control and owners reluctant to share liability for a task once in the contractors realm. Amid PPP Slowdown, India Turns To Cash Contracts. View all reader photos » Events: Outlook 2012 Executive Conference. contact us. industry jobs. Transportation. Environment.
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.
We organize all of the trending information in your field so you don't have to. Join 116,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content