Blog 3 Columns

Preserving and Proving Subcontractor Delay and Disruption Claims 0

Claims
June 4, 2018

June 2018 by Jim Sienicki and Creighton Dixon, Snell & Wilmer At every step in a project—from contract negotiations to the last day on the job—subcontractors make choices that affect their ability to preserve and prove delay and disruption claims. This article explains the legal requirements for both delay and disruption claims, and steps

Claims
June 4, 2018

June 2018 by Timothy Woolford, Woolford Law, PC Success on a construction project often hinges on obtaining additional compensation for increases to your scope of work or additional time for delays beyond your control. Demonstrating your entitlement to a time extension or additional compensation is harder than ever today because most owners are very

Contractor Community
June 4, 2018

June 2018 House Committee Approves ASA-Endorsed Contractor Payment Protections The House Armed Services Committee, on May 9, voted to incorporate two key contractor payment protections in the National Defense Authorization Act for Fiscal Year 2019 (H.R. 5515). One amendment (Sec. 855) would require federal contracting agencies to provide with their invitations for bid and

‘Pay-If-Paid’ Clauses—The Freedom to Contract vs. the Subcontractor’s Statutory Rights to Enforce Payment by Mechanic’s Liens or by Payment Bond 0

Contracts
May 7, 2018

by James Palecek, Palecek & Palecek, PLLC It has been noted that a majority of states in America allow a general contractor and a subcontractor to enter into a construction contract which “shifts the risk” of non-payment from the owner to the subcontractor. See “PAY IF PAID” CONTRACT PROVISIONS, Providing Some Enforcement Consistency and Predictability

Additional Insured Provisions, Traps and Pitfalls 0

Contracts
May 7, 2018

by Jonathan A. Cass and Michael Metz-Topodas, Cohen Seglias Pallas Greenhall & Furman, P.C. Many, if not all, construction subcontracts contain a provision requiring the subcontractor to name the general contractor, owner, and others as “additional insureds” on the subcontractor’s liability insurance policies. Contractors include such “additional insured” clauses, or AICs, to obtain coverage under

Recommended Do’s and Don’ts in Project Scheduling, Schedule Analysis and Delay Claims 0

Contracts
May 7, 2018

by Jason Ebe, Snell & Wilmer, LLP Our construction attorneys frequently represent subcontractors and other construction professionals in disputes regarding delays, disruption, acceleration, inefficiency, cumulative impact and alike. Based on that experience, this article provides a summary refresher on some of the more important do’s and don’ts with respect to subcontractor project scheduling and claims

Design Responsibility 0

Contracts
May 7, 2018

by J.T. Gallagher, Esq., Hendrick, Philips, Salzman and Siegel, P.C. Should a subcontractor with absolutely no control over a scope of work be responsible for the proper performance of that work? It seems like a no brainer that the answer should be no. As examples, an electrical contractor would not guarantee the proper performance of

Contracts
May 7, 2018

by Joseph M. Sweeney, Esq., and Scott A. Mangum, Esq. Indemnity provisions are often highly contested subcontract provisions since they shift risk from general contractors to subcontractors. While subcontractors may understand the general purpose of indemnity provisions, i.e. that one party (the “indemnitor”) agrees to indemnify and defend another party (the “indemnitee”) from claims, they

Contracts
May 7, 2018

by Lee Brumitt, Esq., Dysart Taylor Cotter McMonigle & Montemore, P.C. There are seldom projects that don’t have some measure of change or different site conditions requiring adjusted compensation to a subcontractor or a change in scheduled date of completion. The change order process doesn’t begin when a potential change is encountered. The process starts

News | Education | Information | Awareness

Blog 3 Columns

Preserving and Proving Subcontractor Delay and Disruption Claims 0

Abide by the Subcontract to Preserve Claims and Don’t Release Claims Through Release and Waiver Forms 0

Contractor Community 0

‘Pay-If-Paid’ Clauses—The Freedom to Contract vs. the Subcontractor’s Statutory Rights to Enforce Payment by Mechanic’s Liens or by Payment Bond 0

Additional Insured Provisions, Traps and Pitfalls 0

Recommended Do’s and Don’ts in Project Scheduling, Schedule Analysis and Delay Claims 0

Design Responsibility 0

Indemnity Provisions in Subcontracts May Burden Subcontractors with Excessive Risk 0

Death, Taxes, and Change Orders 0

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