Early Execution of Key Subcontracts Important Step

Denise Gillin Uncategorized

A recent decision by the Armed Services Board of Contract Appeals reminds us of the importance of obtaining commitments from your key subcontractors after award. In CDM Constructors, Inc. (August 20, 2018), the ASBCA dismissed on summary judgment a construction contractor’s claim for increased costs arising out of a contract for the construction of dissolved oxygen injection systems at two …

NASBP: Find a Surety Pro

Denise Gillin Uncategorized

Arranging bonds and a line of credit with a surety company requires extensive, detailed work for each contract bid submitted. Many insurance agents do not focus their main energy, attention, or professional endeavors on the surety line of business and may not navigate the surety bonding process successfully for their clients. NASBP bond producers are committed surety professionals. They focus …

Syracuse Contractor Back in Court – Must Pay Customers $66K

Denise Gillin Uncategorized

A Syracuse-based contractor must pay more than $66,000 to the customers he deceived after he was found guilty again of violating a court order. Jason M. Briere was found in civil and criminal contempt Tuesday of a court order that barred him from running a home construction business without posting a $25,000 performance bond, state Attorney General Barbara Underwood announced …

Avoid Unenforceable “Agreements to Agree”

Denise Gillin Uncategorized

In the construction industry, we see a growing trend of contractors, subcontractors and designers collaborating to pursue large construction contracts. Among many benefits, these collaborations enable companies to pursue projects that would otherwise be too large by combining their resources and skill sets with compatible partners. The terms of these collaborations are often outlined in “teaming agreements,” which define the …

Rising Construction Costs Concern West Virginia Transportation Secretary

Denise Gillin Uncategorized

Transportation Secretary Tom Smith said Monday that runaway inflation in highway construction costs has the department concerned as West Virginia embarks on the $2.8 billion “Roads to Prosperity” initiative. “Those are concerning numbers when you have things escalating that far,” Smith said of reports of an 8.8 percent inflation rate for construction costs. Those costs might have been reflected last …

Attorney: Contractors Should Read Construction Contracts for Ommissions, References

Denise Gillin Uncategorized

Whether it’s a contract, an insurance policy or another provision governing a construction project, all terms are spelled out in black and white—or they should be. If not, the risk for claims and disputes usually rises, often dramatically. Construction contracts alone can make or break projects before shovels hit the dirt, depending on whether the terms and conditions of multiple …