Construction Law Monitor

AUGUST 24, 2012

In a perfect world, general contract presents the subcontract document to the subcontractor, and that sub has its lawyer review the contract to see if the terms can be negotiated so that its a fair document for all involved. This article deals with a hot construction law topic, pay-when-paid vs. pay-if-paid clauses.

California 54

California Subcontracting Contract Legal 54

NH Construction Law

APRIL 29, 2021

Sometimes the benchmark is budgeted costs, i.e., the contractor’s actual buyout costs at bid time (or those of their subs if the subcontract prices are similarly allowed to fluctuate). Often the benchmark is indexed costs, for example the producer price index or “PPI” published by the Bureau of Labor Statistics.

Deals 40

Deals Contract Negotiation Materials 40

Construction Law Monitor

SEPTEMBER 19, 2013

A general contractor, for example, benefits from a vague scope of work provision in its subcontracts, but would want specific provisions in its general contract. The subcontractor, necessarily, would want a very specific scope of work provision in its subcontracts. It’s your safest bet. Related articles.

Contract 62

Contract Liability Subcontracting Construction 62

Construction Cost Estimating

OCTOBER 9, 2014

Describes the right way to process submittals, deal with suppliers and subcontract specialty work. Sample estimating and bidding forms and contracts also included. Explains how to handle change orders, letters of intent, and warranties.

Estimating 45

Estimating Subcontracting Residential Change Orders 45

NH Construction Law

FEBRUARY 27, 2021

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. Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. Ambrose Development, LLC , No.

Contract 40

Contract Subcontracting Deals Bidding 40

Levelset

SEPTEMBER 14, 2022

. “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.”. For example, assume you paint residential structures of all types.

Insurance 98

Insurance Liability Claims Injury 98

Pro Builder

MARCH 11, 2021

Now consider the software side, which deals with the home building process —anything from back-office accounting, purchase orders (POs) and variance purchase orders (VPOs), options and selections management, sales management, scheduling, warranty management, and BIM (building information modeling), etc. . The Missing Link? And even on No.

Software 105

Software Software Electrical Industrial 105

Best Practices Construction Law

NOVEMBER 26, 2012

Too many times I have represented parties who either "did the deal on a handshake" or "never signed the contract." When drafting subcontracts, consider using a "pay when paid" or "pay if paid" clause so that payment is tied to when you receive payment from the owner. Project Management Tips.

Cash Flow 48

Cash Flow Project Management Change Orders Agreement 48

Building Information Management

OCTOBER 23, 2013

This is because the type and variety of projects requires extensive subcontracting of portions of work, in a project bandwidth where small local companies are the most competitive.

Contract 45

Contract Procurement United States Subcontracting 45

Best Practices Construction Law

AUGUST 29, 2012

DBE fraud can involve a broad range of schemes, but the most misunderstood issue deals with identifying whether the DBE expenditures count toward the DBE goal. Following is a lost of selected "red flag" indicators of DBE fraud: DBE owner lacking the background, expertise or equipment to perform the subcontract work.

Regulation 48

Regulation DOT Transportation Commercial 48

Levelset

AUGUST 30, 2024

Glen Womack Effective Date: July 19, 2024 New Defenses Available for Sureties Expanded Defense Options The first half of the changes implemented by these Acts deal directly with the surety who issued the payment bond on a Louisiana construction project. 761 Sponsor: Sen. What’s Changing? But there’s a twist.

Louisiana 52

Louisiana Materials Defense Claims 52

NH Construction Law

APRIL 26, 2020

When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.

Contract 40

Contract Agreement Subcontracting Wisconsin 40

Construction Cost Estimating

FEBRUARY 18, 2016

Construction Equipment Inspection app – This app can deal with construction equipment. Construction Change Order app – It is used to perform the following tasks :- • make change orders on the spots • create a list of supervisors • allocate orders to them • pursue supervisor's feedback and projected modifications in case of rejections.

Construction 40

Construction Change Orders Estimating Inspections 40

Construction Cost Estimating

FEBRUARY 3, 2016

Sage Bid Management facilitates the estimators and bid coordinators to deal with all phases of the bid process in an efficient manner together with maintaining a complete and up-to-date bidders list via a single cloud-based location. The information for Bid package and updates are to all subcontractors instantly.

Sage 40

Sage Bidding Management Las Vegas 40

Construction Law Monitor

NOVEMBER 2, 2011

A good subcontractor will have his attorney review any agreement to make sure that the deal is an even one. Commonly litigated subcontract provisions. Commonly litigated subcontract provisions. A well crafted contract can better protect a prime and/or a sub when default arises.

Contract 56

Contract Change Orders Lien Contractors 56

DebunkTheBIM

MAY 29, 2014

It appears to scare the living daylight out of HR people to have to deal with roles that are not one-dimensioned and clear cut. And not just at the ‘bottom level’ or, God’ forbid, as an in-sourced (subcontracted) capability, but spread over all levels of management including those that sit at the very top of the ladder!

BIM 48

BIM Subcontracting Management Industrial 48

NH Construction Law

JULY 31, 2021

Finding the Uber registration “qualitatively different from a large business deal where sophisticated parties hire legal counsel to review the fine print,” id. at 575, the Court noted that “the interface did not require the user to scroll through the conditions or even select them. .”

Contract 40

Contract New Hampshire Agreement New Jersey 40

Levelset

JUNE 3, 2022

Protecting your payment rights on public works projects is crucial, as contractors deal with payment issues on these projects just as much as on private ones. This standard applies to contracts between the public entity and the prime contractor and any other subcontract under the same project.

Washington 52

Washington Claims Lien Contract 52

Autodesk Construction Cloud

OCTOBER 21, 2022

Subcontracting. This process is known as subcontracting. According to Business Dictionary , a scope of work is “the division of work to be performed under a contract or subcontract in the completion of a project, typically broken out into specific tasks with deadlines.”.

Bidding 52

Bidding Construction Contractors Contract 52

Autodesk Construction Cloud

NOVEMBER 5, 2021

It may be “a question from the Contractor to the Designer asking for information and clarifications on some drawing” or “a question from the Contractor to the Client or other stakeholders of the project… In some other cases, it’s the Subcontractor who is asking information from the Main Contractor regarding the subcontracted works.”.

Construction 52

Construction Documentation Drawings Contract 52

Rory Woolsey

MAY 31, 2012

With general contractors subcontracting the bulk of their projects this is a reasonable place to start the marking up. We deal with them all the time. In this analysis we will assume that our starting bare cost will include all the subcontractors’ burdens and markups.

Estimating 40

Estimating Overhead Profitability Remodeling 40

Contractor Bookkeeping

FEBRUARY 14, 2014

A lot of contractors would like to subcontract out their bookkeeping services and the two main reasons they don''t is fear of losing control and cost. It only makes sense to subcontract it out to professional construction accountants who have done it thousands of time and have a process in place to see to it that it gets done right.

FAQ 49

FAQ Contractors Accounting Security 49

Building Information Management

SEPTEMBER 18, 2015

Agencies have gained a great deal of experience using single award ID/IQ or task order contracts. Agencies should structure their contracts for supplies to include provisions that will allow the government to take advantage of price changes and technology advancements to get the best deals for the government.

Contract 40

Contract Contractors Procurement Office 40

Buisness Facilities Contributed Content

APRIL 15, 2014

A statewide group of investors is forming an association to share deal flow and due diligence. It provides specialized and professional assistance to businesses seeking assistance with contracting and subcontracting opportunities with the Department of Defense (DOD), other federal agencies or state and local governments.

Income 108

Income Finance Zoning Employment 108

Buisness Facilities Contributed Content

MARCH 21, 2014

25 MILLION DEAL-CLOSING FUND: Arizona has taken a progressive position by offering attraction funds to companies meeting performance measures that benefit both the company and the citizens of Arizona. A statewide group of investors is forming an association to share deal flow and due diligence.

Income 75

Income Finance Zoning Equipment 75

Levelset

JULY 7, 2022

When a company is dealing with documentation like what is needed for preliminary notices and bond claims, proper document retention and management is an absolute necessity when it comes to protecting your payment rights.

Oregon 52

Oregon Claims Contract Contractors 52

Building Information Management

JULY 27, 2016

00 52 14 Subcontract Form – Stipulated Sum (design/bid/build or. 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 14 Subcontract Form – Stipulated Sum (design/bid/build or. 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build).

Equipment 45

Equipment Construction Schedule Concrete 45

Building Information Management

JULY 27, 2016

00 52 14 Subcontract Form – Stipulated Sum (design/bid/build or. 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build). 00 52 14 Subcontract Form – Stipulated Sum (design/bid/build or. 00 52 17 Subcontract Form – Cost-Plus (design/bid/build or design/negotiate/build).

Equipment 40

Equipment Construction Schedule Concrete 40

Buisness Facilities Contributed Content

APRIL 12, 2016

Eleven different Pennsylvania-based construction companies already have been subcontracted to do much of the work, and many more opportunities will be made available as the project goes forward. will be the team’s lead designer and Walsh Infrastructure Management will provide bridge maintenance over the life of the 25-year contract.

Indiana 40

Indiana New York New Jersey Wisconsin 40

NH Construction Law

MAY 31, 2021

MacMillin was the general contractor on an assisted living facility project in Keene for Prospect Woodward Home, and subcontracted the plumbing and mechanical portion of the project to Denron. The Denron court noted that other states deal with pay-if-paid clauses “in a variety of ways. But the message is clear.

Subcontracting 40

Subcontracting New Hampshire Contractors Contract 40