Discover how to minimize expenses by including a construction dispute resolution plan in construction contracts.
Protect your construction company from crippling financial losses or dissolution by establishing the power to expel co-owners.
Construction subcontractors in Texas had a good year in 2011.
Most construction contracts contain detailed notice provisions governing claims presentment
Prepare for future problems that could arise from LEED construction projects.
Minimize future disputes with this checklist of provisions.
Understand common liability issues to avoid pricey penalties.
Protect yourself from litigation by following these steps to avoid paying for construction claims that arise during construction projects.
For the last few years, the Occupational Safety and Health Administration, the Mine Safety and Health Administration and other agencies have emphasized cooperation and consultation more than the vigorous enforcement associated with the early 1990s.
The tax code is reshaping the landscape for the construction industry. The entire built environment is embracing green initiatives, aided by significant incentives from the current (and former) administration.
The government is investing heavily in clean technology, and many of the most lucrative incentives are being delivered through the tax code. Construction businesses can leverage these incentives to keep busy and profitable.
The case, Los Angeles Unified School District v. Great American Insurance Company and Hayward Construction Company (2010) 49 Cal.4th 739, became a key battleground for California public agencies against contractors when the trial court in the case sided with LAUSD against contractor Hayward Construction. The trial court applied the 1979 Court of Appeals holding in Jasper Construction, Inc. v. Foothill Junior College Dist. (1979) 91 Cal.App.3d 1, which had contradicted the federal Spearin Doctrine by holding that a public entity owner is liable for a contractor's extra costs arising from incorrect or incomplete bid documents only where the public entity affirmatively misrepresents or fraudulently conceals the truth.
Summer is approaching and company sponsored picnics and softball games are just around the corner but so are liability issues for employers who are holding these gatherings. From impaired driving accidents to sexual harassment charges or worker's compensation claims, events involving over-the-top partying can expose employers to serious risks. Therefore, when planning your company outing this year, be sure to take precautions to minimize your risks.
Corporate compliance is not a new concept to the construction industry. For years, construction companies have been governed by state and federal statues and regulations, and by judicial enforcement, such as environmental laws, OSHA and requirements for workplace safety.
When is the last time you read the dispute resolution clause in your standard form of contract? While indemnification, paid if paid, and insurance clauses often contain the most finely crafted language in a construction contract, an equally or perhaps even more important clause, the dispute resolution clause, is often overlooked.
The bankruptcy of a subcontractor on a construction project can wreak havoc with a project and in some circumstances, can threaten a project in its entirety. This article addresses a few pertinent bankruptcy issues that all contractors should be familiar with.
No one reading this article needs reminding that the construction industry is one of the industries hardest hit by the recent recession. But, it is also seen as one of the only industries having the intrinsic capability to lead our country's economic recovery by creating immediate, non-exportable job opportunities for thousands of Americans. For that reason, the construction industry is one of the single largest beneficiaries of the American Recovery and Reinvestment Act of 2009, commonly referred to as the Stimulus or Recovery Act. Passed shortly after the presidential inauguration, the Stimulus Act has as one of its central goals the appropriation of billions of federal dollars to be used to fund thousands of public construction projects around the country.
When a bond claimant files suit against a contractor and its surety, the surety's primary concern is that its interests are properly represented in court throughout the course of the litigation. Because the surety's liability may be coextensive with that of its principal, the surety must decide at the outset whether to retain counsel to represent the surety and the principal, allow the principal to represent itself or tender the surety's defense to the principal.
As an owner of a construction business, you may perform underground excavation work as a common practice. Whether this work involves a backhoe, drill or hand tools, there is a very good chance that beneath the surface lurks numerous substructures owned by various utilities that could be in the path of your dig. If you damage one of these, you risk a claim that could easily exceed six figures. How can you avoid the damage in the first place and how do you defend a claim if damage does occur?
