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.
Impending regulations in Massachusetts will mark a major change in the handling of construction and demolition (C&D) waste. A ban will be enforced on July 1, 2006, that will prevent landfill deposits of asphalt, brick, cardboard, concrete, wood and metal coming from commercial construction sites. These regulations will directly address one of the major sources of landfill waste in Massachusetts, and are expected to be a model for other states.
Construction employers face a more difficult compliance task today than ever before. This is because the Department of Homeland Security (DHS) and its Bureau of Immigration and Customs Enforcement (ICE) began enforcing immigration law in the interior in the spring of 2006.
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.
Prompt payment is important. Slow payment can strain the financial resources of a small business, undermining its ability to pay bills, payroll and other operating expenses. Few things can threaten the survival of a small contractor more than slow payment on projects.
Is a contract "default" the same thing as a "breach" in relation to construction contracts? What is the difference between a "material" breach and a "non-material" breach of a construction contract?
With U.S. Environmental Protection Agency (EPA) Tier 4 interim emissions standards for off-highway equipment scheduled to take effect in 2011, construction business owners are trying to determine the new regulation's expected impact on their operations and finances. The interim standards, to be followed in 2014 by final Tier 4 standards, aim to virtually eliminate nitrogen oxides (NOx) and particulate matter (PM) emissions.
Government funding of construction projects has always come with strings attached. Never have the reporting requirements been as stringent as they are when a contractor accepts funding through the American Recovery and Reinvestment Act (ARRA). Through the end of March 2010, the government reports that approximately $61 billion (of a total of $203 billion awarded) has been paid out to recipients.
Before launching into litigation, prepare for costs involved by applying typical construction project controls.
Construction industry professionals typically have a very structured system for preparing bids, creating a budget against an award and tracking resources and costs against that budget as the project moves forward. These project controls help business owners avoid going over budget. And most would never dream of embarking upon a construction project without these controls in place.
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?
It was every family's nightmare. A thirty-two-year-old quadriplegic contracted for a home health care aide from Trusted Health Resources of Boston. Several months later, the patient and his seventy-seven-year-old grandmother were murdered by his home health aide, allegedly to cover up the fact that the aide had been stealing.
A subcontractor's reward after successfully completing a job is a final payday. After the headaches, change orders and other hardships, the contractor tenders payment in exchange for a release of lien signed by the subcontractor.
The high cost of gasoline, conflicting information about new alternative fuels and the increasing availability of hybrids are all issues generating significant interest among contractors wondering how this impacts their companies’ fleets. Although some changes have been mandated—such as the new EPA requirement that all diesel engines be equipped with diesel particulate filters, revised catalytic converters and EGR (Exhaust Gas Recirculation) valves to comply with limits for ultra low diesel soot emission limits—the vast majority of alternatives are completely optional.
Understand the difference and save yourself from an ugly government audit.
Construction firm owners continue to misclassify employees as independent contractors, and in the process, fail to pony up their share of taxes for unemployment and payroll, among others, to federal and state governments. So says the Internal Revenue Service (IRS) and state Departments of Labor, organizations that are investing millions of dollars in audits and investigations to find out. Based on the research- they have a point.
For many construction companies, the Americans with Disabilities Act (ADA) has been a mixed blessing.
Keep your construction company in line with the law without exceeding your budget.
Give a construction professional a project, and he or she will respond with a "practical" solution to meet the requirements of the project. Give that same construction professional a legal document, and it is more likely his eyes will glaze over with the uncertainty of "legalese." In other words, "What does this mean, how much will it cost and how long will it take?" Is it any surprise that of the estimated 7.2 million workers in the U.S. construction industry, very few are fluent in the specialized language of the law?
Starting a business can be one of the most rewarding and satisfying undertakings a person can pursue. For some, it involves chasing and achieving a personal dream, and for others, it provides an opportunity for freedom and flexibility from a corporate job. Launching a new business venture comes with a lot of hard work and many challenges. Countless tasks impose themselves upon entrepreneurs trying to get their businesses off of the ground.
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.
As most contractors already know, construction and demolition (C&D) materials are those items left over at a construction, renovation or demolition site.
An owner provides you with plans and specifications for a project and you construct it in strict conformance with them. Subsequent to the project’s completion, it is determined that what you built is not suitable for its intended purpose. Who “owns” this problem?
When you think of "estate planning," do morbid thoughts come to mind that you can't get past? Do you think it is only for the very wealthy? Do you think it doesn't apply to you? Are you unsure of answers to the many important decisions that go along with it? Do you know who to turn to for help? These are all reasons that keep many business owners from tackling this all-important topic.
Starting a business can be one of the most rewarding and satisfying undertakings a person can pursue. For some, it involves chasing and achieving a personal dream, and for others, it provides an opportunity for freedom and flexibility from a corporate job. Launching a new business venture comes with a lot of hard work and many challenges. Countless tasks impose themselves upon entrepreneurs trying to get their businesses off of the ground.
