From the category archives: Legal

Legal

Three Contract Options for Differing Site Conditions

The only limit the parties have in drafting a site conditions provision contract is their own creativity in crafting a site conditions business deal. 

Stay Ahead of the Contractual Curve

Construction is a risky business and so is predicting the future. Looking forward, two types of general contractors will exist: those that embrace change and plan accordingly, and those that stay the course and sink. Industry standard contracts establish the foundation for risk in construction, and they are changing too. 

Save Local Business Act Would Rein in ‘Joint Employer’ Standard

The Save Local Business Act, sponsored by Bradley Byrne (R-Ala.) with the bipartisan support of 29 co-sponsors, would restore the language used to determine when one business should be considered responsible for the labor practices of another, protecting businesses from unnecessary involvement in labor negotiations and disputes involving workplaces in which they do not have direct control.

The P3 Market: America vs. the Rest of the World

Unlike the United States, countries such as the United Kingdom, Australia and Canada have developed a number of practices that add certainty to the pursuit of P3s, including dedicated procurement offices, standardized contracting, and the application of P3s across infrastructure asset classes.

Navigating Renewable Energy Project Agreements

Successful negotiation of engineering and construction agreements in the renewable sector depends on the unique characteristics of each proposed project, as well as the thorough assessment and allocation of risks. 

IPD: A Commitment to Teamwork

  When used properly, BIM facilitates the type of collaboration in programming, analysis, budgeting, design development, permitting, bidding, fabrication and construction that is at the core of IPD. The goal of IPD is to have all of the key participants working together from day one to create a single, shared point of responsibility for the project and to minimize or eliminate the unanticipated circumstances and disputes that can throw a job into disarray.

Be Proactive About Crafting a Company Drone Policy

  Construction firms should expect the drone compliance topic to develop rapidly, as other agencies may provide supplementary rules to address the impact of unmanned aircraft on the areas they regulate. It is important for contractors and their attorneys to stay up to speed on current developments to ensure that they are managing their risks effectively. 

AIA’s New Insurance and Bonding Exhibit Creates Flexibility

  To keep up with legal and practice developments, the American Institute of Architects (AIA) has put together a comprehensive set of revisions to its 2017 owner-​contractor agreements. The single most significant 2017 revision to the A201 Family is the creation of an Insurance and Bonds Exhibit to accompany the key owner-contractor agreements.

P3s: Where We’ve Been and Where We’re Going

With government officials’ increasing understanding of the P3 structure, the narrowing difference in financing cost thanks to federal programs, and a focus on life cycle costs and risk transfer, governments across the country are beginning to look to P3s as a way to deliver on promises of infrastructure investment. Many governments are in the process of evaluating public-private partnerships in meaningful ways, conducting rigorous analyses to determine whether a P3 is the prudent way to procure a project. 

Negligence Claim Proves Designers Can Be Held Directly Liable to Subcontractors

Is it reasonable for a subcontractor bidding on a design-build project to assume that the designer has followed the owner’s requirements in preparing the preliminary design documents? The answer is yes, according to a recent ruling by the U.S. Court of Appeals for the 11th Circuit, which affirmed a jury verdict from the District Court. The ruling was in favor of two paving subcontractors against the project engineer, Jacobs Engineering Group, Inc. 
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Three Contract Options for Differing Site Conditions
The only limit the parties have in drafting a site conditions provision contract...

Stay Ahead of the Contractual Curve
Construction is a risky business and so is predicting the future. Looking forward...

Construction’s Cybersecurity Challenge
In today’s evolving information technology world, addressing security risks...

A Small Team With a Big Heart for Service
“While it may not be large amounts of monetary donations, we are often called...

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