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! Tully Construction Co. ,

Claims 82

Claims Contract Legal New York 82

Job Order Contracting

AUGUST 21, 2018

It provides a capacity for on-demand construction via an on-call contractor that can be mobilized, working in a much shorter period, and far more efficiently than traditional project delivery methods. Awarded JOC contractors also provide all requisite preconstruction services. Focus upon building Owner/Contractor capability.

Contract 100

Contract Renovating Sustainability United States 100

Job Order Contracting

MAY 19, 2017

The estimator (owner/contractor/A&E, etc.) A collaborative and potentially iterative process then occurs between the owner and contractor(s) on a detailed line item basis. The OpenCost TM Approach provides the following features, benefits, and core defensible elements: Consistent and localized labor cost by trade.

Estimating 100

Estimating Construction Life Cycle CSI 100

Best Practices Construction Law

NOVEMBER 21, 2019

Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. 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.

Contract 77

Contract Subcontracting Drafting Virginia 77

Levelset

SEPTEMBER 14, 2022

Subcontractor business liability insurance should be retained since a catastrophic claim could bankrupt most all painting contractors. Are subcontractors covered under the general contractor’s insurance? Medical expenses, property damage, and legal defense costs can grow quickly. Employment practices liability.

Insurance 98

Insurance Liability Claims Injury 98

Construction Marketing

APRIL 25, 2016

Architects are designing smart structures, including components with which contractors have had minimal experience. Benefit: Documentation builds your defense, but avoiding all together avoids costly legal fees. With close monitoring of projects, potential legal issues can be avoided.

Documentation 120

Documentation Construction Software Software 120

Job Order Contracting

APRIL 30, 2022

Journal of Legal. Associated General Contractors of America, “Partnering: A Concept for Success,” Washington, D.C. Supplier-contractor collaboration in the. Building partnerships: case studies of client–contractor. Partnering: Why Project Owner-Contractor Relationships. Anderson, L., & Polkinghorn, B.

Construction 264

Construction Project Management Engineering Management 264

Best Practices Construction Law

MAY 12, 2014

I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors. Lombardo Brothers Mason Contractors, Inc. , In response, all of the defendants raised the defense that the State’s claims were time-barred by statutes of limitations or repose. In State v.

Claims 54

Claims Connecticut Legal Construction 54

Best Practices Construction Law

MARCH 10, 2020

The opinion in Matcon Diamond is a good read for government contractors wanting to understand delay claims, critical path schedules, contractor delays versus Government delays, Eichleay formula for quantifying damages and understanding the difference between work stoppages and standby or idle periods of time. 59637 (Feb.

Claims 62

Claims Compensation Overhead Defense 62

Best Practices Construction Law

NOVEMBER 15, 2019

Contractors, LLC v. United States , the contractor who had been awarded a fixed price, time sensitive contractor to repair pavement at an Air Force base filed suit against the Department of Defense (“Agency”), alleging it had been wrongfully terminated for default. ” In Alutiiq Manf.

Schedule 48

Schedule Contract Contractors United States 48

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

JUNE 12, 2015

Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. 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.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Levelset

SEPTEMBER 8, 2022

The two most common liability insurance policies for contractors are general liability and professional liability. 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

Contractor Bookkeeping

JUNE 15, 2012

New Contractor's Levels of Stress. You Quit Your Job - And started a construction business only to discover you need a contractor’s license and bond. Contractor's Licenses - Information changes rapidly so check online for your local county or contact us and we can help 206-361-3950 or email sharie@fasteasyaccounting.com.

Contractors 48

Contractors Insurance Claims Lien 48

Construction Lawyer

APRIL 30, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

New York 40

New York Lien Contractors Illinois 40

Construction Lawyer

MAY 30, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Liability 40

Liability Contractors Design Illinois 40

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. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

Federal Construction Contracting Blog

JANUARY 8, 2025

A contractor who is proposed for debarment is effectively debarred as soon as the notice letter is received. It is like being sentenced before trial, and it can take weeks or months for the contractor to convince the debarring official that the proposed debarment should be lifted. The rule also updates notification methods.

Procurement 52

Procurement Contractors Defense Organization 52

Construction and Infrastructure Law

JANUARY 9, 2020

An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. This can be particularly important in the context of projects involving subcontractors and material suppliers who may not have direct agreements with an owner or general contractor. What exactly will be covered?

Liability 69

Liability Agreement Drafting Insurance 69

BD+C

OCTOBER 7, 2024

The owner initially hired a contractor to perform waterproofing repairs at the manufactured stone façade of the building. While performing these repairs, the contractor raised concerns to the owner regarding several stone units that appeared to be in a loose or unsound condition.

Insurance 52

Insurance Legal Documentation Claims 52

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. Payment should be in the full amount currently owed to the contractor, regardless of how much is still owed on the contractor’s loan.

Security 40

Security Contract Accounting Construction 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. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. This is a must read! In County of Galveston v. The Contract.

Claims 48

Claims Compensation Contract Contractors 48

Levelset

SEPTEMBER 16, 2022

In this article, we’ll explain how completed operations coverage works, and how it protects contractors and subcontractors. Completed operations insurance covers property damage or injury caused by work that a contractor performed in the past. Completed operations coverage is bundled with a contractor’s general liability policy.

Insurance 52

Insurance Liability Claims Contractors 52

Construction Lawyer

APRIL 20, 2006

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Insurance 40

Insurance Illinois AIA Chicago 40

NH Construction Law

JANUARY 30, 2022

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. ”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed. City of Keene , 898 F.2d 2d 265, 269 (1st Cir.

Insurance 40

Insurance Liability Defense New Hampshire 40

Construction Lawyer

MARCH 27, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Architecture 58

Architecture Illinois AIA Chicago 58

Construction Lawyer

JULY 24, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Project Management 40

Project Management Software Software Management 40

NH Construction Law

JULY 21, 2019

This principle finds expression in a legal doctrine called res judicata , also known as claim preclusion, which “prevents parties from relitigating matters actually litigated and matters that could have been litigated in the first action.” How many bites at the apple is a litigant given to prove his claim? Generally, only one.

Claims 40

Claims New Hampshire Insurance Employment 40

Construction Lawyer

APRIL 27, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Design 40

Design AIA Illinois San Diego 40

Construction and Infrastructure Law

JANUARY 9, 2020

An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. This can be particularly important in the context of projects involving subcontractors and material suppliers who may not have direct agreements with an owner or general contractor. What exactly will be covered?

Liability 52

Liability Agreement Drafting Insurance 52

Construction Lawyer

JULY 20, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Illinois 40

Illinois Subcontracting Liability AIA 40

Construction Lawyer

FEBRUARY 24, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Plans 51

Plans Illinois AIA Chicago 51

Construction Lawyer

SEPTEMBER 22, 2005

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Lien 40

Lien Illinois AIA Chicago 40

Construction Lawyer

OCTOBER 21, 2005

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

New York 40

New York Illinois AIA Chicago 40

Construction Lawyer

MAY 8, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Engineering 40

Engineering Illinois AIA Chicago 40

Construction Lawyer

MARCH 23, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Illinois 45

Illinois AIA Chicago Legal 45

Construction Lawyer

APRIL 17, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. A Legally Inclined Weblog. >.

Illinois 40

Illinois AIA Chicago Insurance 40