Construction Dive

FEBRUARY 21, 2013

To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been. By Bruce Jervis Contractors performing work without proper state licenses are in great jeopardy. Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract.

Contractors 69

Contractors Bargains Subcontracting Claims 69

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. This is clear, longstanding legal terminology. It means an event which must occur before a legal obligation arises. It may affect the enforceability of the contract clause itself.

Contract 48

Contract Subcontracting Legal Ohio 48

Job Order Contracting

JANUARY 5, 2019

No ability to subcontract—limited to trade specified in the contract. Changes orders, legal disputes, and cost/time overruns are virtually elimated. Maximizes opportunity for M/DBE subcontracting. . Maximizes opportunity for M/DBE subcontracting. . • Ideal for simple emergency repairs. Extension of in-house staff.

Contract 100

Contract Construction Bidding Subcontracting 100

Job Order Contracting

SEPTEMBER 25, 2017

Three types of deployment – Contractor Led (subcontract design or joint venture) – Designer Led (subcontract construction or joint venture) – A single firm with both capabilities internally. Legal and professional issues. Ability for fast track/phased construction. Perceived higher quality.

Bidding 100

Bidding Construction Documentation Subcontracting 100

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

Best Practices Construction Law

JUNE 21, 2016

Like every legal question, the answer is: It depends! When you are required to strictly comply with a particular provision or legal requirement, then any departure from that requirement (no matter how insubstantial) can void the claim or provide an absolute defense. Do you think the court in Schindler reached the right conclusion?

Claims 82

Claims Contract Legal New York 82

Construction Dive

MAY 28, 2014

The fact the amount of a lien claim exceeded the amount the claimant was legally entitled to recover does not, in itself, establish willful exaggeration.

Lien 52

Lien Claims Subcontracting Legal 52

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 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 new Bill, allows for subs to enter into subcontract agreements with general contractors and then after-the-fact afford the sub protections because the general contractor had a well written contract.

California 54

California Subcontracting Contract Legal 54

Best Practices Construction Law

JUNE 19, 2014

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

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. The bottom line is: Subcontracting work will be very difficult to secure if you carry no insurance or policies with inadequate coverages. .

Insurance 98

Insurance Liability Claims Injury 98

NH Construction Law

DECEMBER 22, 2019

If we look no further than this language, the first of these two methods of establishing third party beneficiary status appears to be a perfect fit in the usual owner-contractor-subcontractor relationship: through his subcontract, the subcontractor (promisor) is rendering a performance that the general contractor (promisee) owes to the owner.

Subcontracting 40

Subcontracting Contract New Hampshire Legal 40

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 -->. productivity. project collaboration. project management. small business. social networking. technology.

Construction 120

Construction Software Software Las Vegas 120

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

JANUARY 5, 2017

It is important to review all Job Order Contract provisions to assure avoidance of any unnecessary financial risk or potential legal issues. [1]. In addition, not using JOC-specific software may create serious issues regarding contract compliance and lead to economic loss and/or legal issues. Subcontracting: Do.

Contract 100

Contract Contractors Consulting Software 100

Best Practices Construction Law

FEBRUARY 8, 2017

Lockheed filed a motion to dismiss, arguing that the Government’s legal theory failed because the FAR did not provide a contractual duty or obligation for Lockheed to manage its subcontractors. What did the FAR say? Both contracts expressly incorporated FAR provisions, including 52.232-7 addressing T&M and labor-hour contracts.

Contract 48

Contract Claims Subcontracting Legal 48

Best Practices Construction Law

JUNE 12, 2013

Most courts that have considered this situation have held that, in the absence of provisions in the subcontract which govern such a situation, there is an implied duty on the prime contractor not to delay or hinder its subcontractor and to perform all of its obligations to enable the subcontractor to perform the obligations of the subcontract.

Contractors 48

Contractors Subcontracting Contract Legal 48

Best Practices Construction Law

FEBRUARY 21, 2018

The subcontract agreement required the subcontractor to indemnify and hold harmless the contractor against claims of bodily injury resulting from the subcontractor’s work. The subcontract also required the subcontractor to include the contractor as an “Additional Insured” on its policy.

Insurance 54

Insurance Subcontracting Injury Construction 54

Autodesk Construction Cloud

NOVEMBER 15, 2021

She recalls her experience speaking with a fellow attorney who had to go through a 129-page subcontract that could have been cut down to ten pages. “It’s Even if you don’t want to negotiate, Karalynn says it’s worth having an attorney or legal professional break down what the contract means. No one does that.

Contract 52

Contract Contractors Negotiation Subcontracting 52

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

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

MAY 2, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Contract 40

Contract Illinois Legal Construction 40

Job Order Contracting

FEBRUARY 20, 2018

The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. Subcontracts: Contractors may use the services of Subcontractors if noted in Contract. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. to 5:00 P.M.

Contract 100

Contract Organization Change Orders Overhead 100

Job Order Contracting

OCTOBER 25, 2017

Other authorities in the organization must participate in its development to ensure that all objectives and interests are met (examples: legal, quality assurance, small business, building users, planners). Technical, purchasing, and legal personnel attend the conference. 5) Price, including completeness, reasonableness.

Contract 100

Contract Contractors Conference Plans 100

Job Order Contracting

JULY 29, 2021

Construction manager at risk ( CM@R) includes a construction manager who works with the owner and A/E through design and proposals and manages subcontracts to complete the work. Is not legal in some states. Construction Manager at Risk. Advantages. Project can be expedited with fast-track construction. Job Order Contracting.

Design 130

Design Bidding Engineering Construction 130

NH Construction Law

SEPTEMBER 28, 2021

Many construction contracts and subcontracts provide for arbitration of disputes. A legal doctrine called “mutuality of obligation” – or in lay terms, if both sides are not bound, neither side is – comes into play here. Some of them give just one of the parties an option to require arbitration. See DiMercurio v.

Agreement 40

Agreement New Hampshire Subcontracting United States 40

Construction Lawyer

JULY 20, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Illinois 40

Illinois Subcontracting Liability AIA 40

Construction Lawyer

APRIL 3, 2012

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Claims 40

Claims Agreement Illinois Subcontracting 40

Best Practices Construction Law

SEPTEMBER 23, 2022

With the adroitness of a prize fighter, the Court bobbed and weaved through various legal barriers that ordinarily may have ended its decision making process and made its way to the unconscionability holding. 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

Safety Services Company

FEBRUARY 19, 2020

Legal Risks. 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. For example, if your staff doesn’t do plumbing, subcontract and find professionals who can.

Risk 62

Risk Management Construction Safety 62

Safety Services Company

FEBRUARY 18, 2020

Legal Risks. 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. For example, if your staff doesn’t do plumbing, subcontract and find professionals who can. .

Risk 62

Risk Management Construction Safety 62

Pro Builder

NOVEMBER 3, 2022

Residential construction remains an industry of independent entrepreneurs, with most residential builders typically subcontracting a large portion of their construction work to independent specialty trade contractors. In fact, the typical home builder uses up to 30 subcontractors to construct a single-family home.

Guidelines 52

Guidelines NAHB Employment Housing 52

Levelset

AUGUST 30, 2024

This means that sureties can now use contractual provisions in the subcontract, including “pay-if-paid” clauses , as defenses against nonpayment claims. Since they are codified in both Acts, sureties have more leeway to argue against payment based on contractual provisions in the GC’s subcontract.

Louisiana 52

Louisiana Materials Defense Claims 52

Levelset

APRIL 28, 2022

LA Plumbing is providing plumbing work on the project, and their subcontract is worth $2 million. On-demand legal help you can afford. Legal Guard puts a team of construction attorneys in your corner, on call for contract review or legal advice when you need it. Learn more. Subcontractor default insurance vs surety bonds.

Insurance 52

Insurance Contractors Claims ABC 52

Construction Lawyer

DECEMBER 28, 2007

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

Agreement 40

Agreement Illinois AIA Chicago 40

cnstrctr

JULY 1, 2019

You should break this report down by division including soft costs from hard costs (your costs vs costs that are subcontracted out). Schedule – your contract likely has a legal requirement to provide a monthly schedule update. Staff Forecast – if you’re part of a larger company staff planning is important.

Cash Flow 60

Cash Flow Forecasting Construction Contract 60

Best Practices Construction Law

MAY 27, 2016

million; and.

Claims 63

Claims Liability Contract Contractors 63