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

Best Practices Construction Law

FEBRUARY 1, 2024

under Contract No. KBR) made material misrepresentations in its proposal, rendering the fully-performed contract void ab initio. Background: The contract in question, executed on July 9, 2013, was for the construction of an Aegis Ashore Missile Defense System site in Deveselu, Romania, with a firm, fixed-price amount of $134,211,592.

Defense 62

Defense Contract Subcontracting Engineering 62

Construction Dive

JANUARY 9, 2013

By Bruce JervisIn an industry which makes such extensive use of contractual documentation, some complain of obtuse or arcane legal terminology. It may affect the enforceability of the contract clause itself. This is clear, longstanding legal terminology. It means an event which must occur before a legal obligation arises.

Contract 48

Contract Subcontracting Legal Ohio 48

Construction Marketing Ideas

MARCH 11, 2016

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

Best Practices Construction Law

JUNE 19, 2014

Every now and then, I will review a construction contract where one of the parties. The contract also contained a venue provision, which stated that “all matters relating to the validity, performance or interpretation of this Subcontract shall be governed by the laws of the state where the Project is located [Georgia].”.

Contract 48

Contract Subcontracting Georgia Construction 48

Job Order Contracting

SEPTEMBER 25, 2017

Each has its associated contract types, which may include… Lump Sum or Fixed Price. Owner first contracts Design Professional. Involves multiple contracts and intensive professional management. ? A single entity provides both design and construction services per the bidding document and final signed contract documents.

Bidding 100

Bidding Construction Documentation Subcontracting 100

Construction Dive

FEBRUARY 21, 2013

Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract. To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been. Sometimes, however, parties knowingly contract with the unlicensed.

Contractors 66

Contractors Bargains Subcontracting Claims 66

Best Practices Construction Law

FEBRUARY 8, 2017

In Lockheed , the Army awarded two separate indefinite-delivery, indefinite-quantity, time-and-materials (“T&M”) contracts to Lockheed for various support services. Both contracts expressly incorporated FAR provisions, including 52.232-7 addressing T&M and labor-hour contracts. What did the FAR say?

Contract 48

Contract Claims Subcontracting Legal 48

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. How much does a project have to cost to require a contract?

Contractors 98

Contractors Contract Legal Change Orders 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

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 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

Job Order Contracting

JULY 29, 2021

Construction contract is generally awarded to the lowest bidder and/or lowest qualified builder, who then utilizes the subcontractors included in his or her bid. Owner controls the design, which is completed under direct owner-A/E contract prior to construction. A DB contract is awarded on the basis of price and/or qualifications.

Design 130

Design Bidding Engineering Construction 130

Best Practices Construction Law

JUNE 12, 2015

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.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Carol Hagen

AUGUST 31, 2009

The most interesting discussion was a firm (company A) that had experienced a legal discovery issue which centered around email. I spoke with a subcontracting firm (company B) that did the opposite of what was described above. Carol Hagen greets Judy DeWeese. This is in direct violation of their own policy.

Subcontracting 100

Subcontracting Documentation Change Orders Legal 100

Construction Business Owner

JANUARY 26, 2012

Once you pull up a job screen, you’ll instantly see all of the links related to that particular screen, such as vendors, subcontracts, and cost projections. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. August 2012. April 2012. March 2012. February 2012. January 2012. productivity. project collaboration.

Construction 120

Construction Software Software Las Vegas 120

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

NH Construction Law

DECEMBER 22, 2019

In contract law there is a well-recognized exception to the rule requiring “privity of contract” as a prerequisite to recovery for breach. They will merely be incidental beneficiaries, with no contract right of recovery against the subcontractors. ” Brooks v. . ” Brooks v. ” Id.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 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. >. Mortenson won the issue.

Contract 40

Contract Illinois Legal Construction 40

Best Practices Construction Law

JUNE 12, 2013

This is actually a rather common situation and most contracts contain clauses and provisions that govern such occasions. The courts have set forth a three-pronged test to determine when the subcontractor may recover delay damages or extensions of time: The subcontractor must show a breach of contract has occurred. A Fine Line.

Contractors 48

Contractors Subcontracting Contract Legal 48

NH Construction Law

JULY 31, 2021

​The time-honored method for parties to signify their agreement to a contract – a signature on a piece of paper – has had to adapt to the digital age, and the law has adapted with it. Electronic signatures were declared valid in New Hampshire in 2001 with the enactment of the Uniform Electronic Transactions Act, RSA 294-E.

Contract 40

Contract New Hampshire Agreement New Jersey 40

Building Information Management

MARCH 10, 2017

Not all Job Order Contracts (JOC) are not the same. Carefully review all of the Job Order Contract and all associated documents. The following is a listing of Job Order Contract Do’s and Don’ts. Review the methodology used to create the Unit Price Book being used for the Job Order Contract. Army and U.S. Mutual respect.

Contract 40

Contract Consulting Estimating Software 40

Best Practices Construction Law

FEBRUARY 21, 2018

Whether you are required by contract or law, purchase and maintaining the appropriate coverage can help you avoid catastrophe on your project. The subcontract agreement required the subcontractor to indemnify and hold harmless the contractor against claims of bodily injury resulting from the subcontractor’s work.

Insurance 54

Insurance Subcontracting Injury Construction 54

Best Practices Construction Law

DECEMBER 6, 2013

The underlying dispute related to a subcontract agreement on a construction project located on Fort Hood in Texas. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement.

Virginia 48

Virginia Texas Subcontracting Construction 48

cnstrctr

JULY 1, 2019

The contract is the first place to start when determining how frequently your construction financial reports should be issued. There may be information outlined in the specification or the contract itself which dictates both frequency and timing of the reports. On a construction management contract you’ll need to be more transparent.

Cash Flow 60

Cash Flow Forecasting Construction Contract 60

Best Practices Construction Law

SEPTEMBER 23, 2022

It is therefore no surprise that in South Carolina, and nationally for that matter, homebuilders have attempted to bring some economic fairness to the table by inserting arbitration clauses in their construction and sales contracts. Another way may be the well-known legal maxim of KISS (Keep It Simple Stupid.) And attack it did.

South Carolina 62

South Carolina Insurance Contract Legal 62

NH Construction Law

SEPTEMBER 28, 2021

Many construction contracts and subcontracts provide for arbitration of disputes. To be enforceable, contracts require “consideration,” a bargained-for exchange of value or promises of value on both sides. Some of them give just one of the parties an option to require arbitration. See DiMercurio v. Ancel, Inc.

Agreement 40

Agreement New Hampshire Subcontracting United States 40

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

Best Practices Construction Law

APRIL 8, 2013

The dispute relates to a subcontract agreement on a construction project located on Fort Hood in Texas. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement. 2012) cert.

Virginia 48

Virginia Texas Subcontracting Construction 48

Construction Lawyer

APRIL 3, 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. >.

Claims 40

Claims Agreement Illinois Subcontracting 40

Best Practices Construction Law

MAY 27, 2016

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. In Kellogg Brown & Root Servs., million; and. KBR submits a certified claim with the Army for $10.4

Claims 63

Claims Liability Contract Contractors 63

Construction Lawyer

JULY 20, 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. >.

Illinois 40

Illinois Subcontracting Liability AIA 40

Construction Lawyer

DECEMBER 28, 2007

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. >. Hansen Beverage Co.,

Agreement 40

Agreement Illinois AIA Chicago 40

Levelset

JUNE 3, 2022

Washington’s public payment bond claim laws cover all public works projects commissioned by a state or local government entity that have a contract value of at least $150,000 — and it’s additionally possible to make a lien claim against unpaid retainage funds on certain public projects. Washington State bond claim laws.

Washington 52

Washington Claims Lien Contract 52

Safety Services Company

FEBRUARY 19, 2020

Legal Risks. Most construction projects begin with signing a contract. These legal binding documents detail how long the project would last and how much contractors would be paid. Legal risks can include situations wherein a breach of contract occurs. Mitigate: The heart of mitigating risk is training.

Risk 62

Risk Management Construction Safety 62

Safety Services Company

FEBRUARY 18, 2020

Legal Risks. Most construction projects begin with signing a contract. These legal binding documents detail how long the project would last and how much contractors would be paid. Legal risks can include situations wherein a breach of contract occurs. Mitigate: T he heart of mitigating risk is training.

Risk 62

Risk Management Construction Safety 62

Levelset

JUNE 29, 2022

Contract breach es. Many subcontract agreements include a clause that states the subcontractor is responsible for compliance with OSHA regulations and other safety measures. Getting cited by OSHA can cause a subcontractor to breach their contract with the GC. “A Legal fees. On-demand legal help you can afford.

OSHA 52

OSHA Inspections Construction Safety 52