Building Radar

AUGUST 29, 2024

Permits and Legal Fees : Costs related to obtaining necessary permits and covering legal requirements. This early detection can play a vital role in cost control by allowing teams to adjust procurement strategies and negotiate better terms with suppliers before competitors.

Comparison 52

Comparison ProCore Construction Project Management 52

Construction Law Monitor

JANUARY 29, 2012

Legal products are no different. There are a number of occasions where attorney fees are an issue in a case, and the company who has paid upfront is in a much better position at the negotiation table and/or the court room. Business owners and contractors like to know what they are getting when they buy products.

Legal 51

Legal Lien Negotiation Consulting 51

Construction and Infrastructure Law

AUGUST 29, 2024

In our recent webinar, “ Construction Contracts: Bond and Mechanic’s Lien Primer for Energy Projects ,” I was joined by my Sheppard Mullin colleagues Chris Kolosov and Emily Anderson to discuss navigating common contract pitfalls and negotiation strategies to protect your interests. Here are our key takeaways.

Contract 40

Contract Lien AIA Construction 40

Fieldwire

AUGUST 14, 2023

Retainage is up for negotiation Retainage is not set in stone. Every contract is negotiable, including what percentage is retained and for how long. BLOG How to Streamline Construction Processes from Planning to Payments Learn more → In addition, the same contract has a provision for negotiating variable retainage.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Building Radar

OCTOBER 8, 2024

The VOB, comprising three parts, establishes the legal framework for construction contracts in Germany. It stipulates the rules for competitive bidding, evaluation criteria, and the legal obligations of all parties involved. Informal Negotiations Before escalating any disputes, parties are encouraged to engage in informal negotiations.

Contract 52

Contract Construction Documentation Project Management 52

Lets Build

MAY 5, 2022

For construction companies, it can also significantly increase profitability and maximise legal compliance. That’s especially valuable considering the overlapping rafts of regional, national, and global legalities any construction company has to navigate. This puts you in a stronger position to negotiate a cost-effective outcome.

Inspections 148

Inspections Software Software Documentation 148

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. Mainly it is survey evidence proof and legal effects. Tenders are of several kinds, counting open tender, selective, serial tender, and negotiated tender.

Negotiation 52

Negotiation Bidding Construction Contract 52

Construction Law

MARCH 1, 2024

News Our regular news round up includes a call from insurance companies for pilot projects to find investment models for green infrastructure; failure of another legal challenge to the Stonehenge project; and a warning that the new Building Safety Regulator is looking for a high profile prosecution to make a point.

Insurance 40

Insurance Claims Safety Legal 40

Job Order Contracting

JUNE 25, 2018

Virtually eliminate change orders and legal disputes. Robust Process: Request for Service – Joint Site Visit – Detailed Line Item Cost Proposal – Proposal Review/Negotiations – Execution – Regular Inspections – Checklist – Sign off – Warranty Period.

Contract 100

Contract Procurement Change Orders Negotiation 100

Job Order Contracting

JUNE 13, 2019

Planning, estimating, negotiating, procuring, managing, and closing out projects are all phases that are fully defined within a LEAN construction environment. Both change orders and legal disputes can be virtually eliminated with a properly designed and managed LEAN construction procurement and delivery framework. Shared Risk/Reward.

Innovation 100

Innovation Procurement Construction Bidding 100

Construction Law

JUNE 3, 2024

News Our regular news round up focusses on a disputes survey that suggests artificial intelligence will have an impact on contracts sooner than many think; a Labour Party plan that involves scrapping the IPA and the NIC; and a landmark legal victory for the government that forces a freeholder to fix serious building safety issues in a tower block.

Insurance 52

Insurance Construction Legal Drafting 52

Construction Law

MAY 2, 2024

News Our regular news round up includes a survey saying collaboration is on the rise; Network Rail promises a partnering approach in its new framework; and a warning that carbon reduction policy risks legal challenge. Legal terms explained Isabella Salame of Herbert Smith Freehills LLP explains what is meant by non-delegable duties.

Construction 52

Construction Cash Flow Legal Insurance 52

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. For this reason, contractors need to be careful with the GMP agreement and negotiate terms to protect themselves.

Contract 52

Contract Contractors Negotiation Subcontracting 52

Building Radar

JULY 17, 2024

Contract Management Quantity surveyors are responsible for preparing, negotiating, and managing contracts with clients, suppliers, and subcontractors. Effective contract management helps in maintaining smooth project progress and avoiding legal complications.

Construction 40

Construction Legal Risk Budgeting 40

Levelset

MARCH 31, 2022

Avoid insurance negotiations. Even if you act with good intentions, trying to help the property owner with their claim or negotiate on their behalf can be an expensive mistake. Contractors shouldn’t be claims negotiators,” Brown says. Contractors should aim to help customers – n ot get involved in their claim negotiation.

Insurance 93

Insurance Deals Contractors Claims 93

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

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” Depending on your state’s law, if you negotiate a check that is marked “paid in full” or even “final payment” then you are risking the fact that you may be settling any claims you have.

Claims 83

Claims Mississippi Legal Compensation 83

Pro Builder

NOVEMBER 18, 2022

Each community and asset in your portfolio requires diligence, legal paperwork, and closing documents. You will evaluate the bids, negotiate price and major deal terms, eventually select a “winner,” and then enter into a non-binding letter of intent (LOI). In this sense, the seller controls the timeline. Who is buying your company?

Deals 52

Deals Bidding Agreement Cash Flow 52

Construction Law

OCTOBER 1, 2024

Legal terms explained Tse Wei Lim and Wei Qi Ng of Herbert Smith Freehills LLP examine what is meant by Disruption.

Construction 40

Construction Insurance Finance Claims 40

FDR Safety

MARCH 19, 2020

Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights. Unlike non-supervisory employees, the statements and admissions of a supervisor may legally bind the company.

OSHA 156

OSHA Inspections Employment Conference 156

Construction Law

APRIL 2, 2024

Legal terms explained Kyle Melville of Herbert Smith Freehills LLP explains what is meant by Scott Schedules. Guest editor Retentions – time to say goodbye? Guest Editors Jane Hughes and Isobel Moorhouse of Trowers & Hamlins LLP say that despite years of industry campaigning the end of retentions is not in sight.

Construction 52

Construction Liability Risk Contract 52

Pro Builder

JULY 20, 2021

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. A contract doesn’t have to be long and confusing to be effective, practically or legally. From project scope to warranty details, here are the basics of a simple but effective (and legal) contract for specialty trade work. .

Contractors 98

Contractors Contract Legal Change Orders 98

Job Order Contracting

OCTOBER 18, 2016

The owner estimate or detailed analysis must be completed before receipt of the Contractor’s proposal and before negotiations take place. The owner estimate will be used to evaluate the reasonableness of the Contractor’s proposal and will serve as the owner’s pricing and quantity objective during negotiations.

Contract 100

Contract Procurement Negotiation Project Management 100

Constructlaw

NOVEMBER 9, 2022

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. Spirtas did “not explain, beyond repeating conclusory contract-law buzzwords ( e.g., mutual assent, negotiation, and meeting of the minds), how these inconsistencies show[ed] that the entire TPA is unenforceable.”

Agreement 52

Agreement Illinois Contract Bidding 52

Constructlaw

NOVEMBER 9, 2022

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. Spirtas did “not explain, beyond repeating conclusory contract-law buzzwords ( e.g., mutual assent, negotiation, and meeting of the minds), how these inconsistencies show[ed] that the entire TPA is unenforceable.”

Agreement 52

Agreement Illinois Contract Bidding 52

Job Order Contracting

NOVEMBER 7, 2017

d) An indefinite-delivery, indefinite-quantity (task order) contract which provides for the use of negotiated, definitive, bilateral orders (i.e., through discussions and negotiations. d) Negotiations. (1) 1) Negotiations on orders of specified value or greater not begin without an owner estimate. (2) f) Funding.

Contract 100

Contract Management Negotiation Estimating 100

Job Order Contracting

MAY 9, 2017

Elimination of legal disputes. Number of owner/contractor negotiations. It is the real property owner’s sole responsibility to mitigate risk, increase organizational efficiency, and align current processes with industry best practices. As an owner, what should you expect from a JOC Program? Faster project delivery.

Estimating 100

Estimating Contract Change Orders Construction 100

Levelset

APRIL 8, 2022

You can’t legally advise a homeowner about their insurance or a pending claim in any manner. Any claims negotiations should be left to property owners, or licensed public adjusters or attorneys who can legally act on behalf of your customer. Know your role.

Insurance 52

Insurance Claims Agreement Lien 52

Levelset

APRIL 8, 2022

You can’t legally advise a homeowner about their insurance or a pending claim in any manner. . Any claims negotiations should be left to property owners, or licensed public adjusters or attorneys who can legally act on behalf of your customer. Know your role.

Insurance 52

Insurance Claims Agreement Lien 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. Finally, be sure to make the clause conspicuous and satisfy any other requirements regarding the formatting of an indemnification clause.

Liability 90

Liability Agreement Drafting Insurance 90

Best Practices Construction Law

NOVEMBER 21, 2019

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. Courts across the country vary in their treatment of these issues. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

Green Building Law Update

SEPTEMBER 9, 2013

I started this blog because I wanted to help design and construction professionals navigate the legal hurdles certain to pop up from the green building movement. Stuart is incredible at fixing green building problems, whether through contracts, mediation or informal negotiations. I started this blog because I had an "Aha!"

Green 120

Green Certification Negotiation Legal 120

Best Practices Construction Law

MAY 9, 2016

The modern legal trend favors apportionment of liquidated damages where there is owner-caused delay, in particular where the liquidated damages clause provides a mechanism to extend the contract completion date, thereby reducing potential liquidated damages for delays not attributable to the contractor. Document your claims.

Contractors 48

Contractors Connecticut Claims Contract 48

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

Construction Law

JULY 7, 2021

Anecdotally at least, it seems that the idea of remote legal proceedings forced on disputes by the courts being closed might have made parties more inclined to negotiate settlements, and this could at least partly account for the reduction seen in the length of time disputes take to settle.

Risk 52

Risk Contract Management Maine 52

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. On-demand legal help you can afford. What is an assignment of benefits? Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 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. Finally, be sure to make the clause conspicuous and satisfy any other requirements regarding the formatting of an indemnification clause.

Liability 52

Liability Agreement Drafting Insurance 52