Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

Liability 69

Liability Agreement Drafting Insurance 69

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.

Contract 48

Contract Drafting Negotiation Agreement 48

Best Practices Construction Law

MARCH 28, 2013

One team member serves the role as team leader for the purposes of compiling and submitting the proposal, as well as for negotiation of the owner agreement, if awarded. ” The contract is specifically drafted to address the unique considerations of a design-build teaming arrangement.

Agreement 48

Agreement Negotiation Documentation Contract 48

FDR Safety

JANUARY 21, 2015

the USDOT has announced that it intends to undertake a negotiated rule-making or “RegNeg.”. The rule development then reverts back to the government that was unable in the first place to draft an acceptable one. Sometimes, the process breaks down when participants become intractably wedded to their views.

Safety 120

Safety Roads Drafting Defense 120

Green Building Law Blog

MARCH 20, 2012

All lease negotiations, at some level, address the conflicting interests of landlords and tenants. If energy and/or sustainability was an important enough issue, the parties will negotiate a solution. In other words, put lawyers in a room with enough diet coke, and there will be a drafting solution to the split-incentive problem.

Leases 40

Leases Green BOMA Negotiation 40

Autodesk Construction Cloud

NOVEMBER 15, 2021

For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities. The shifting of risk and liabilities is a very common practice when drafting contracts. Let’s meet in the middle.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

Liability 52

Liability Agreement Drafting Insurance 52

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. There is no need to waste taxpayer money to draft, argue, and pass bills such as these.

California 54

California Subcontracting Contract Legal 54

Construction Specifier

JANUARY 28, 2021

A substantial challenge faced by professionals preparing construction specifications for design-build projects is most master specifications were developed for traditional DBB or its ‘close relation,’ design-negotiate-build (DNB).

Design 52

Design Documentation Negotiation Contract 52

Building Radar

JULY 24, 2024

It is essential to draft clear and comprehensive contracts and to review them thoroughly before signing. Methods of Dispute Resolution Negotiation Negotiation is often the first step in resolving disputes. Negotiation can be a quick and cost-effective way to resolve disputes without involving third parties.

Construction 52

Construction Negotiation Liability Contract 52

Buisness Facilities Contributed Content

OCTOBER 29, 2012

LiveXchange 2012 was kicked off with a nostalgic keynote from NFL Hall of Famer Jack Youngblood, who chronicled his meteoric rise from a kid playing Pop Warner football in Florida to a top pick in the NFL draft and a stellar career as an all-Pro linebacker with the Los Angeles Rams.

Site 51

Site Los Angeles Drafting Sage 51

Construction Law

JUNE 3, 2024

which are exercised only rarely despite the expense incurred in negotiating them. Insurance Policy Drafting – an underrated skill Our insurance expert John D Wright of JD Risk Associates warns against failing to pay attention to the drafting of policies. But parties, particularly funders, insist on having them.

Insurance 52

Insurance Construction Legal Drafting 52

Buisness Facilities Contributed Content

FEBRUARY 4, 2013

” The Illinois Legislature is currently negotiating with oil and gas interests, business organizations and environmental groups to create regulatory guidelines for future hydraulic fracturing and horizontal drilling in Illinois. . “Illinois is in a great position to participate in this dynamic energy renaissance.”

Illinois 80

Illinois North Dakota Products Arkansas 80

Construction Specifier

JUNE 19, 2020

In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., The same thing can happen when negotiating changes in the contract price during construction. chocolate and peanut butter). New York).

Documentation 52

Documentation Drafting Contract Claims 52

CivilJungle

NOVEMBER 8, 2022

A tender will be a draft legal paper in which a particular act will notify official documents and discharge the capable artisan interested in filling it and taking the project. Tenders are of several kinds, counting open tender, selective, serial tender, and negotiated tender. Negotiation Tender. Negotiated tender.

Negotiation 52

Negotiation Bidding Construction Contract 52

Best Practices Construction Law

JUNE 12, 2015

For example, in the Universal Concrete Products case, the 4th Circuit reasoned that Virginia courts favor the freedom to contract and that parties are freely able to negotiate and draft these types of provisions. 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

Building Radar

OCTOBER 8, 2024

For assistance with drafting clear and effective contracts, you may want to explore resources from DLA Piper. Informal Negotiations Before escalating any disputes, parties are encouraged to engage in informal negotiations. Scope of Work Clearly defining the scope of work is crucial for project success.

Contract 52

Contract Construction Documentation Project Management 52

Construction Law Monitor

SEPTEMBER 10, 2015

To help determine this, you should have a cost breakdown of the entire project ready as part of the contract negotiation process. Negotiations and drafting can become confusing and burdensome.Thus, an attorney should be on hand to help your understand the risks and benefits of the contract you are considering. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

Construction Law Monitor

SEPTEMBER 10, 2015

To help determine this, you should have a cost breakdown of the entire project ready as part of the contract negotiation process. Negotiations and drafting can become confusing and burdensome.Thus, an attorney should be on hand to help your understand the risks and benefits of the contract you are considering. ADR Clause.

Contract 40

Contract Construction Compensation Negotiation 40

Constructlaw

NOVEMBER 9, 2022

For example, the parties “met and engaged in many Pre-Bid actions,” including drafting asbestos removal and demolition plans, attending site visits, and preparing the bid. The court found that SGLC’s repeated engagement with Spirtas after Spirtas signed the TPA indicated SGLC’s assent to the TPA.

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

For example, the parties “met and engaged in many Pre-Bid actions,” including drafting asbestos removal and demolition plans, attending site visits, and preparing the bid. The court found that SGLC’s repeated engagement with Spirtas after Spirtas signed the TPA indicated SGLC’s assent to the TPA.

Agreement 52

Agreement Illinois Contract Bidding 52

Pro Builder

MAY 27, 2022

Businesses looking to negotiate this rocky terrain have a valuable tool at their command: restrictive covenants. Some employers draft restrictive covenants knowing they will not be enforceable, but will still scare people into behaving as they desired,” warns Mathis. The Link Between Employee Motivation and Loyalty.

Employment 98

Employment Agreement New York City Resource 98

Construction Law

OCTOBER 1, 2024

The use of adversarial advisers in negotiating future deals should be avoided, says AIIP. Good luck with drafting those clauses; if they work they would be a long awaited holy grail. A reset mechanism should be built into contracts to ensure amicable resolution of disputes.

Infrastructure 40

Infrastructure Regulation Transportation Drafting 40

Building Information Management

SEPTEMBER 23, 2015

The Task Order price is the product of required tasks, quantity, unit of issue, UPG price per unit, and the coefficient plus the negotiated price for any non-priced items (NPI). NPIs must be within the basic intent and general scope of the contract and be negotiated separately from UPG items before issuance of the TO. TO negotiation.

Engineering 40

Engineering Negotiation Contract Estimating 40

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 Specifier

JUNE 13, 2021

A substantial challenge faced by professionals preparing construction specifications for design build projects is most master specifications were developed for traditional DBB or its ‘close relation,’ design-negotiate-build (DNB). Greater challenges arise when adapting DBB source documents for design-build.

EJCDC 52

EJCDC Design Documentation Contract 52

Best Practices Construction Law

DECEMBER 6, 2013

When drafting a forum selection clause, you should think about all the where questions: (a) where the parties are located; (b) where the witnesses reside; (c) where the contract negotiations took place; and (d) where the project is located.

Virginia 48

Virginia Texas Subcontracting Construction 48

Best Practices Construction Law

APRIL 8, 2013

When drafting a forum selection clause, you should think about all the where questions: (a) where the parties are located; (b) where the witnesses reside; (c) where the contract negotiations took place; and (d) where the project is located. The court may not place the same emphasis on where the parties agreed to litigate.

Virginia 48

Virginia Texas Subcontracting Construction 48

Building Information Management

MAY 3, 2016

The Contract Specialist drafts the a “JOC Request for Proposal” , assigned a project number, and obtains appropriate approvals and signatures. Negotiations. Once the client approves the Scope of Work in writing (e-mail is acceptable) the clock starts on preliminary pricing. Proposal Review.

Life Cycle 40

Life Cycle Contract Change Orders Estimating 40

FDR Safety

MARCH 19, 2020

Because these statements are drafted in the inspector’s own words, counsel or the employer representative should make certain that the statements are correct in all respects before the witness is allowed to sign. Prior to that time, you may request an informal settlement conference with the OSHA Area Office to negotiate a settlement.

OSHA 156

OSHA Inspections Conference Employment 156

Buisness Facilities Contributed Content

AUGUST 21, 2013

A draft of the report, leaked to Reuters and The New York Times , says the panel now is “95 percent certain” that human activity is the cause of most of the increase in global temperatures in recent decades. Concerns about climate change took a back-row seat as the world struggled to restart its economic engines.

Miami 49

Miami New York Estimating Green 49

Autodesk Construction Cloud

JULY 5, 2021

“The international community came together, negotiated their own terminologies, negotiated around all the details of the standard and created what we call ISO 19650 today as a family of standards.” According to Marek, this set of standards came about as a result of a joint effort between different industry players.

BIM 52

BIM Organization Industrial Negotiation 52

Construction Lawyer

OCTOBER 23, 2012

When a dispute arises, the parties can talk and negotiate a resolution. These agreements are typically drafted before there is any dispute, and usually by attorneys who are not conversant with arbitration. In arbitration, on the other hand, each side presents its case to the arbitrator.

Agreement 45

Agreement Drafting Negotiation Deals 45

Levelset

APRIL 15, 2022

It gives the assignee authority to file and negotiate a claim directly with the insurance company, without involvement from the property owner. The contractor, now the assignee, negotiates the claim directly with the insurance company. What is an assignment of benefits? Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 52

Construction Cost Estimating

MARCH 11, 2015

APPLIANCES Negotiate for a contractor’s discount if you purchase all of your appliances from one trafficker. Installation problems embrace vents for dryers, vents and ductwork for draft ranges, plumbing hookups for white goods ice manufacturers. Massive home centers typically provide free delivery, however could charge for set-up.

Estimating 40

Estimating Bidding Budgeting Budget 40

Buisness Facilities Contributed Content

FEBRUARY 28, 2013

After several months of work, the Draft EIR for the Super Wal-Mart project is now complete and is currently being circulated for review. It is anticipated that the Draft EIR will be brought before the Planning Commission for certification in March 2013. That contract would also have to be approved by the California State Legislature.

California 47

California Sacramento Zoning Los Angeles 47

Building Information Management

SEPTEMBER 18, 2015

Even with these clauses, the government had to negotiate in a sole-source environment and was often unable to realize the economies and efficiencies afforded by vigorous competition among vendors in the marketplace. The prospective offerors were scheduled in groups in four separate half-day sessions to review the draft RFP.

Contract 40

Contract Contractors Procurement Office 40