This document outlines the general terms and conditions, payment procedures, laws and regulations, and insurance requirements for a construction project contract between an owner and general/subcontractors. It specifies responsibilities for the scope of work, compliance with codes, scheduling, supervision, documentation requirements, payment schedules including retention, completion procedures, adherence to applicable laws, and insurance obligations.
The document discusses various issues that commonly arise in construction contracts in Nebraska. It covers topics such as defining the scope of work, different methods of pricing contracts, potential problems with boilerplate contract language, and "killer" contract provisions to watch out for like no damages for delays clauses. It also examines negotiation of contracts, pre-contract meetings, dispute resolution processes, and other clauses involving scheduling, coordination, liquidated damages, and more.
This document discusses site possession under construction contracts. It defines site and possession, and outlines the contractor's rights and obligations regarding site possession. Some key points:
- The contractor has the right to enter, occupy, and use the site from the possession date until completion to carry out the works. Possession allows exclusive use of the site as needed to construct the works.
- The contractor must inspect the site before submitting their tender to understand site conditions. They are responsible for all information affecting their tender.
- The employer must give possession by the stated date to allow the contractor to start work. This is usually 2 weeks after contract award. The contractor must then commence and diligently proceed with the works to the
This document discusses extension of time (EoT) clauses in construction contracts. It provides definitions and examples of force majeure events that can provide grounds for an EoT, such as acts of God, vis major events, and exceptionally inclement weather. It also discusses civil commotion, strikes, and lockouts as events in clause 23.8(d) that can result in an EoT. The document reviews case law that interprets these clauses and whether certain events qualify for an EoT or not. It also notes new provisions in clause 23.8 and discusses the process for reviewing and granting an EoT after default or practical completion.
The document discusses retention funds, which are amounts deducted from payments to contractors and held by the employer to protect against default. It also discusses garnishee proceedings, which allow a creditor to obtain a court order requiring a third party holding money for a debtor to pay the creditor. Specifically, it discusses a case where a subcontractor used garnishee proceedings to try to recover money owed by the main contractor from the retention fund held by the employer. The employer tried to avoid the garnishee order by arguing the retention money was not available due to terminating the main contract and competing claims, but the court ruled the retention funds were a debt that could be attached and the subcontractor's claim took
The document discusses extension of time (EOT) provisions under various construction contracts including PAM 2006, JKR Standard Form of Contract PWD 203A 2007, and FIDIC contracts. It explains that under these contracts, the contractor is entitled to EOT for delays caused by relevant events specified in the contracts. However, the contractor must submit a written notice and application with supporting details within the timelines specified, usually 28 days, to be eligible for an EOT. While the superintending officer can grant EOT retrospectively under certain conditions, failure to submit a timely application means the contractor is not entitled to EOT.
A Case Study based on FIDIC and PAM Form 2006Melvin Lim
The document discusses the essential requirements for formation of a contract based on a question regarding whether Jolly and Can-do concluded a binding contract. It provides details on tenders as offers, qualifications in tenders, acceptance of tenders, letters of intent, essential terms, and letters of award. It also discusses a relevant case law supporting the position that a contract can be formed when a contractor begins work even if no formal contract is signed.
The document discusses force majeure clauses in project agreements. It recommends carefully defining force majeure events and clearly outlining the effects if one occurs. It provides examples of an exhaustive force majeure definition list and an operative clause detailing parties' responsibilities. The definition list includes events outside parties' control like war, natural disasters, and strikes. The operative clause relieves liability for delayed obligations and requires notification and mitigation efforts. It also addresses issues like extensions, damage responsibility, and cost allocation from force majeure events. The document emphasizes clearly allocating risks between parties related to force majeure.
The document discusses key topics in construction law and contracting, including types of contracts, important contract clauses, bonds, subcontractor issues, and damages. It covers firm fixed price contracts, scope of work clauses, change orders, site conditions responsibility, termination notices, notice of claims provisions, arbitration, attorney's fees, liability insurance, bid and performance bonds, flow down clauses, pay when paid clauses, mechanics' liens, no damage for delay clauses, and liquidated damages. The presentation aims to provide construction law basics and contracting tips.
The document discusses various issues that commonly arise in construction contracts in Nebraska. It covers topics such as defining the scope of work, different methods of pricing contracts, potential problems with boilerplate contract language, and "killer" contract provisions to watch out for like no damages for delays clauses. It also examines negotiation of contracts, pre-contract meetings, dispute resolution processes, and other clauses involving scheduling, coordination, liquidated damages, and more.
This document discusses site possession under construction contracts. It defines site and possession, and outlines the contractor's rights and obligations regarding site possession. Some key points:
- The contractor has the right to enter, occupy, and use the site from the possession date until completion to carry out the works. Possession allows exclusive use of the site as needed to construct the works.
- The contractor must inspect the site before submitting their tender to understand site conditions. They are responsible for all information affecting their tender.
- The employer must give possession by the stated date to allow the contractor to start work. This is usually 2 weeks after contract award. The contractor must then commence and diligently proceed with the works to the
This document discusses extension of time (EoT) clauses in construction contracts. It provides definitions and examples of force majeure events that can provide grounds for an EoT, such as acts of God, vis major events, and exceptionally inclement weather. It also discusses civil commotion, strikes, and lockouts as events in clause 23.8(d) that can result in an EoT. The document reviews case law that interprets these clauses and whether certain events qualify for an EoT or not. It also notes new provisions in clause 23.8 and discusses the process for reviewing and granting an EoT after default or practical completion.
The document discusses retention funds, which are amounts deducted from payments to contractors and held by the employer to protect against default. It also discusses garnishee proceedings, which allow a creditor to obtain a court order requiring a third party holding money for a debtor to pay the creditor. Specifically, it discusses a case where a subcontractor used garnishee proceedings to try to recover money owed by the main contractor from the retention fund held by the employer. The employer tried to avoid the garnishee order by arguing the retention money was not available due to terminating the main contract and competing claims, but the court ruled the retention funds were a debt that could be attached and the subcontractor's claim took
The document discusses extension of time (EOT) provisions under various construction contracts including PAM 2006, JKR Standard Form of Contract PWD 203A 2007, and FIDIC contracts. It explains that under these contracts, the contractor is entitled to EOT for delays caused by relevant events specified in the contracts. However, the contractor must submit a written notice and application with supporting details within the timelines specified, usually 28 days, to be eligible for an EOT. While the superintending officer can grant EOT retrospectively under certain conditions, failure to submit a timely application means the contractor is not entitled to EOT.
A Case Study based on FIDIC and PAM Form 2006Melvin Lim
The document discusses the essential requirements for formation of a contract based on a question regarding whether Jolly and Can-do concluded a binding contract. It provides details on tenders as offers, qualifications in tenders, acceptance of tenders, letters of intent, essential terms, and letters of award. It also discusses a relevant case law supporting the position that a contract can be formed when a contractor begins work even if no formal contract is signed.
The document discusses force majeure clauses in project agreements. It recommends carefully defining force majeure events and clearly outlining the effects if one occurs. It provides examples of an exhaustive force majeure definition list and an operative clause detailing parties' responsibilities. The definition list includes events outside parties' control like war, natural disasters, and strikes. The operative clause relieves liability for delayed obligations and requires notification and mitigation efforts. It also addresses issues like extensions, damage responsibility, and cost allocation from force majeure events. The document emphasizes clearly allocating risks between parties related to force majeure.
The document discusses key topics in construction law and contracting, including types of contracts, important contract clauses, bonds, subcontractor issues, and damages. It covers firm fixed price contracts, scope of work clauses, change orders, site conditions responsibility, termination notices, notice of claims provisions, arbitration, attorney's fees, liability insurance, bid and performance bonds, flow down clauses, pay when paid clauses, mechanics' liens, no damage for delay clauses, and liquidated damages. The presentation aims to provide construction law basics and contracting tips.
This document outlines the details of a group assignment for a construction law course. It includes the group member names and student IDs, submission date, table of contents, and introduction. The group was appointed by a client to propose a standard form of construction contract and provide advice on pre-contract and post-contract issues for a proposed university accommodation and recreation center project costing RM500 million. The report will analyze and compare the PAM 2006 and FIDIC forms of contract and make recommendations on key contractual issues such as payment, extensions of time, variations, programs, termination and dispute resolution.
This document summarizes key points from a lecture on construction law relating to payments:
1. There can be inconsistencies between the terms of a main contract and subcontract that cause legal issues. For example, if a main contract allows dismissing a subcontractor for delay but the subcontract does not, as in Chandler Brothers Ltd v Boswell.
2. While subcontractors have no direct privity with the employer, employers can require collateral warranties from subcontractors to establish recourse for defects. For example, in Shanklin Pier Lt v Detel Products regarding a defective paint system.
3. Employers nominate specialized subcontractors for control and time savings, but main contractors can
Construction lawprint-final-update-21112017DarrenTofu
This document provides an analysis and recommendations regarding contractual disputes that have arisen on a construction project using the FIDIC Red Book 1999 conditions of contract. It identifies issues such as delays in site handover, late payments, workmen being pulled off site, and schedule delays. It examines the general responsibilities of the main contractor, conditions guiding payment, contractual programming, testing and defects, and dispute resolution methods. The document aims to advise the contractor on addressing payment delays, the potential to suspend work or terminate the contract, and resolving disputes in accordance with the contract terms.
This document discusses practical risk transfer strategies for contractors through proper insurance coverage. It provides an overview of general liability insurance, workers compensation insurance, additional insured status, certificates of insurance, hold harmless agreements, and sample contract language. The document also includes case studies and discusses how to implement risk transfer plans through proper insurance requirements in contracts. It aims to help contractors understand and manage their risk exposure.
Turbine Generator Overhaul Contract Sample (Purchase this doc, Text: 08118887...GLC
This document is an 11-page service agreement between PT. (Owner), an Indonesian limited liability company, and (Contractor) Co., a Korean company. The agreement appoints the Contractor to perform overhaul services on the Owner's 6MW turbine generator, including reinstallation, testing, and commissioning after overhaul. The Contractor will conduct the work according to schedules and specifications for a service fee of USD amount, to be paid in two installments subject to warranties and liquidated damages terms. The agreement also outlines confidentiality obligations and force majeure provisions.
The document discusses various types of delays that can occur in construction projects and their classifications. It provides examples of:
1) Excusable delays such as labor disputes, fires, and unavoidable delays that are beyond the contractor's control.
2) Non-excusable delays like ordinary weather, subcontractor delays, and failures by the contractor to properly manage the site.
3) Compensable delays caused by unforeseen issues like transportation delays beyond the contractor's control.
It also discusses the differences between critical and non-critical delays as well as concurrent delays caused by multiple parties. The key takeaway is that excusable, non-critical, and concurrent delays may provide grounds for claims for
This seminar was part of the Bar Council practical construction law series presented by the Construction Law Committee to practitioners. It covers the topic of payments and common issues arising in the construction industry.
Letters of Intent, Bonds & Guarantees, Defects Liability PeriodsCerasela Angelescu
This document discusses letters of intent, bonds and guarantees, and defects liability periods in construction contracts. It provides details on:
- The purpose and contents of letters of intent, including when they are appropriate to use and how they differ from letters of acceptance.
- The three main types of bonds/guarantees - advance payment, performance, and retention money - covering their purpose, required contents, and consequences for non-provision.
- Defects liability periods in FIDIC and NEC contracts, including the obligations of contractors to remedy defects notified during this period and consequences for failure to do so.
This document discusses various aspects of contract management for construction projects. It covers legal aspects of contracts, different types of contracts including their advantages and disadvantages, the tendering process, and dispute resolution. The types of contracts discussed are lump-sum, unit price, bill of quantities, cost plus, and negotiated contracts. The tendering process includes preparing contract documents, advertising tenders, submitting bids, evaluating bids, and awarding contracts. Dispute resolution involves negotiation, arbitration, and in some cases going to court. The overall goal is reaching an agreed settlement through cooperative negotiation or arbitration to avoid protracted legal battles.
The document discusses several issues related to construction contracts involving suspension of work by the employer. It addresses whether a contractor can claim interest for underpayment in interim certificates if works are still ongoing or completed. It also examines quantifying idle time during suspension, employer liability to pay full workforce costs, and claiming demobilization and remobilization costs during suspension periods. The document provides analysis of relevant contract clauses and case laws to determine contractors' entitlements in different suspension scenarios.
This agreement is between Seagate (Owner) and the City of Washington D.C. (Operator) for the operation, maintenance and management of Seagate's wind turbine power generation project (Project). The Operator will provide operation, maintenance and management services for the Project according to the terms of the agreement. Key responsibilities include operating and maintaining the Project according to prudent industry practices and requirements, developing annual operating plans and budgets, and representing the Owner in communications regarding the Project. The initial term of the agreement is for [length of time] years.
Superstorm Sandy Flood Insurance Proceeds Found Payable to Landlord Rather Th...NationalUnderwriter
A bankruptcy court in New Jersey has ruled that a flood insurance payment for contents of a restaurant damaged by Superstorm Sandy was payable to the landlord rather than to the restaurant, which had entered bankruptcy, because, under the parties’ lease, the landlord had an insurable interest in the proceeds.
This rental agreement is between a house owner and tenant for a flat located at Wing 3, F0-4, Vishram Oasis, No.36 Neralamman Koil Street, Thazhambur, Chennai 600130. The key terms are:
1. The tenant will rent the flat for 11 months from September 1, 2018 to July 30, 2019 and pay a monthly rent of Rs. 10,000.
2. The tenant paid a security deposit of Rs. 60,000 which will be returned without interest when vacant possession is handed over without rent arrears.
3. Rent is to be paid by the 5th of every month. Failure to
Commercial and Legal Aspects of Liquidated Damages and PenaltiesAMILA GAYAN
This document discusses liquidated damages and penalties in commercial contracts. It begins with an introduction explaining damages for breach of contract and how liquidated damages provisions aim to provide certainty. It then covers the differences between general damages and liquidated damages, and how liquidated damages differ from penalties. The document discusses best practices for calculating liquidated damages and their advantages. It also examines liquidated damages in standard forms of contract and case law from various jurisdictions. An example case study is also provided to illustrate liquidated damages in practice.
This document provides a summary of a lecture on insuring risk in construction projects. It discusses the various parties involved in construction projects and the risks they face, such as delays, claims, insolvency, design flaws, and more. It then outlines the various types of insurance commonly used in construction, including contractors' all risk policies, professional indemnity, and more. The document discusses several legal cases that relate to interpreting insurance contract clauses and exclusions. It examines issues like whether rectification costs are covered, how cross-liability and waiver of subrogation clauses work, and when insurance payouts might reduce damages owed.
Construction Law Assignment BQS Taylor's UniversityPang Khai Shuen
The document discusses two issues regarding a construction contract:
1) Whether a contractor is entitled to an extension of time if a project is suspended by a stop work order from local authorities. The answer depends on whether the stop work was due to the contractor's fault.
2) Whether an employer can take over a project from the contractor and appoint a third party to finish without terminating the original contract. Generally no, unless the contract allows termination for convenience or there is a breach by the contractor. Simply facing delays does not allow the employer to replace the contractor.
My recent presentation on the Construction Lien Law and Prompt Payment Act, two of the most effective tools for addressing payment issues on construction projects in New Jersey. Please do not hesitate to get in touch if you have questions about the presentation or any other legal matters.***
***This presentation is for informational purposes only. You should not construe or consider anything on this website as legal advice, and you should consult with an attorney for advice on your specific legal issues.
This document discusses penalty and liquidated damages clauses in contracts. It provides definitions and examples. Specifically:
1) Penalty refers to a sum named in a contract as payment for breach that is not a genuine pre-estimate of loss. Liquidated damages is a sum that is a genuine pre-estimate of the loss from breach.
2) Indian contract law allows for reasonable compensation for breach not exceeding any penalty or liquidated damages stipulated in the contract. Courts can reduce such sums if not a true estimate of damages.
3) Examples are provided of cases where courts reduced stipulated damages, including one where damages for delay in supplying pipes were reduced to reasonable compensation.
4) Stip
Quality Control Program Proposal Final DraftThomas Smith
The document outlines the organizational structure and roles for personnel working on the EDCC Parking Lot Project. It describes home office positions like the President, Vice President, and health and safety roles. It also outlines field positions such as the On-Site Project Manager, Quality Control Manager, Site Safety Officer, and Superintendent who will oversee day-to-day operations and ensure compliance with safety and quality standards.
adithya frondoso refers to warm, welcoming and verdantly green haven. aptly titled, frondoso residential project heralds the arrival of a relaxing, restful frontier and pairs luxuriantly with the swanky personality of the varthur setting.
http://www.adithyafrondoso.com/
This document outlines the details of a group assignment for a construction law course. It includes the group member names and student IDs, submission date, table of contents, and introduction. The group was appointed by a client to propose a standard form of construction contract and provide advice on pre-contract and post-contract issues for a proposed university accommodation and recreation center project costing RM500 million. The report will analyze and compare the PAM 2006 and FIDIC forms of contract and make recommendations on key contractual issues such as payment, extensions of time, variations, programs, termination and dispute resolution.
This document summarizes key points from a lecture on construction law relating to payments:
1. There can be inconsistencies between the terms of a main contract and subcontract that cause legal issues. For example, if a main contract allows dismissing a subcontractor for delay but the subcontract does not, as in Chandler Brothers Ltd v Boswell.
2. While subcontractors have no direct privity with the employer, employers can require collateral warranties from subcontractors to establish recourse for defects. For example, in Shanklin Pier Lt v Detel Products regarding a defective paint system.
3. Employers nominate specialized subcontractors for control and time savings, but main contractors can
Construction lawprint-final-update-21112017DarrenTofu
This document provides an analysis and recommendations regarding contractual disputes that have arisen on a construction project using the FIDIC Red Book 1999 conditions of contract. It identifies issues such as delays in site handover, late payments, workmen being pulled off site, and schedule delays. It examines the general responsibilities of the main contractor, conditions guiding payment, contractual programming, testing and defects, and dispute resolution methods. The document aims to advise the contractor on addressing payment delays, the potential to suspend work or terminate the contract, and resolving disputes in accordance with the contract terms.
This document discusses practical risk transfer strategies for contractors through proper insurance coverage. It provides an overview of general liability insurance, workers compensation insurance, additional insured status, certificates of insurance, hold harmless agreements, and sample contract language. The document also includes case studies and discusses how to implement risk transfer plans through proper insurance requirements in contracts. It aims to help contractors understand and manage their risk exposure.
Turbine Generator Overhaul Contract Sample (Purchase this doc, Text: 08118887...GLC
This document is an 11-page service agreement between PT. (Owner), an Indonesian limited liability company, and (Contractor) Co., a Korean company. The agreement appoints the Contractor to perform overhaul services on the Owner's 6MW turbine generator, including reinstallation, testing, and commissioning after overhaul. The Contractor will conduct the work according to schedules and specifications for a service fee of USD amount, to be paid in two installments subject to warranties and liquidated damages terms. The agreement also outlines confidentiality obligations and force majeure provisions.
The document discusses various types of delays that can occur in construction projects and their classifications. It provides examples of:
1) Excusable delays such as labor disputes, fires, and unavoidable delays that are beyond the contractor's control.
2) Non-excusable delays like ordinary weather, subcontractor delays, and failures by the contractor to properly manage the site.
3) Compensable delays caused by unforeseen issues like transportation delays beyond the contractor's control.
It also discusses the differences between critical and non-critical delays as well as concurrent delays caused by multiple parties. The key takeaway is that excusable, non-critical, and concurrent delays may provide grounds for claims for
This seminar was part of the Bar Council practical construction law series presented by the Construction Law Committee to practitioners. It covers the topic of payments and common issues arising in the construction industry.
Letters of Intent, Bonds & Guarantees, Defects Liability PeriodsCerasela Angelescu
This document discusses letters of intent, bonds and guarantees, and defects liability periods in construction contracts. It provides details on:
- The purpose and contents of letters of intent, including when they are appropriate to use and how they differ from letters of acceptance.
- The three main types of bonds/guarantees - advance payment, performance, and retention money - covering their purpose, required contents, and consequences for non-provision.
- Defects liability periods in FIDIC and NEC contracts, including the obligations of contractors to remedy defects notified during this period and consequences for failure to do so.
This document discusses various aspects of contract management for construction projects. It covers legal aspects of contracts, different types of contracts including their advantages and disadvantages, the tendering process, and dispute resolution. The types of contracts discussed are lump-sum, unit price, bill of quantities, cost plus, and negotiated contracts. The tendering process includes preparing contract documents, advertising tenders, submitting bids, evaluating bids, and awarding contracts. Dispute resolution involves negotiation, arbitration, and in some cases going to court. The overall goal is reaching an agreed settlement through cooperative negotiation or arbitration to avoid protracted legal battles.
The document discusses several issues related to construction contracts involving suspension of work by the employer. It addresses whether a contractor can claim interest for underpayment in interim certificates if works are still ongoing or completed. It also examines quantifying idle time during suspension, employer liability to pay full workforce costs, and claiming demobilization and remobilization costs during suspension periods. The document provides analysis of relevant contract clauses and case laws to determine contractors' entitlements in different suspension scenarios.
This agreement is between Seagate (Owner) and the City of Washington D.C. (Operator) for the operation, maintenance and management of Seagate's wind turbine power generation project (Project). The Operator will provide operation, maintenance and management services for the Project according to the terms of the agreement. Key responsibilities include operating and maintaining the Project according to prudent industry practices and requirements, developing annual operating plans and budgets, and representing the Owner in communications regarding the Project. The initial term of the agreement is for [length of time] years.
Superstorm Sandy Flood Insurance Proceeds Found Payable to Landlord Rather Th...NationalUnderwriter
A bankruptcy court in New Jersey has ruled that a flood insurance payment for contents of a restaurant damaged by Superstorm Sandy was payable to the landlord rather than to the restaurant, which had entered bankruptcy, because, under the parties’ lease, the landlord had an insurable interest in the proceeds.
This rental agreement is between a house owner and tenant for a flat located at Wing 3, F0-4, Vishram Oasis, No.36 Neralamman Koil Street, Thazhambur, Chennai 600130. The key terms are:
1. The tenant will rent the flat for 11 months from September 1, 2018 to July 30, 2019 and pay a monthly rent of Rs. 10,000.
2. The tenant paid a security deposit of Rs. 60,000 which will be returned without interest when vacant possession is handed over without rent arrears.
3. Rent is to be paid by the 5th of every month. Failure to
Commercial and Legal Aspects of Liquidated Damages and PenaltiesAMILA GAYAN
This document discusses liquidated damages and penalties in commercial contracts. It begins with an introduction explaining damages for breach of contract and how liquidated damages provisions aim to provide certainty. It then covers the differences between general damages and liquidated damages, and how liquidated damages differ from penalties. The document discusses best practices for calculating liquidated damages and their advantages. It also examines liquidated damages in standard forms of contract and case law from various jurisdictions. An example case study is also provided to illustrate liquidated damages in practice.
This document provides a summary of a lecture on insuring risk in construction projects. It discusses the various parties involved in construction projects and the risks they face, such as delays, claims, insolvency, design flaws, and more. It then outlines the various types of insurance commonly used in construction, including contractors' all risk policies, professional indemnity, and more. The document discusses several legal cases that relate to interpreting insurance contract clauses and exclusions. It examines issues like whether rectification costs are covered, how cross-liability and waiver of subrogation clauses work, and when insurance payouts might reduce damages owed.
Construction Law Assignment BQS Taylor's UniversityPang Khai Shuen
The document discusses two issues regarding a construction contract:
1) Whether a contractor is entitled to an extension of time if a project is suspended by a stop work order from local authorities. The answer depends on whether the stop work was due to the contractor's fault.
2) Whether an employer can take over a project from the contractor and appoint a third party to finish without terminating the original contract. Generally no, unless the contract allows termination for convenience or there is a breach by the contractor. Simply facing delays does not allow the employer to replace the contractor.
My recent presentation on the Construction Lien Law and Prompt Payment Act, two of the most effective tools for addressing payment issues on construction projects in New Jersey. Please do not hesitate to get in touch if you have questions about the presentation or any other legal matters.***
***This presentation is for informational purposes only. You should not construe or consider anything on this website as legal advice, and you should consult with an attorney for advice on your specific legal issues.
This document discusses penalty and liquidated damages clauses in contracts. It provides definitions and examples. Specifically:
1) Penalty refers to a sum named in a contract as payment for breach that is not a genuine pre-estimate of loss. Liquidated damages is a sum that is a genuine pre-estimate of the loss from breach.
2) Indian contract law allows for reasonable compensation for breach not exceeding any penalty or liquidated damages stipulated in the contract. Courts can reduce such sums if not a true estimate of damages.
3) Examples are provided of cases where courts reduced stipulated damages, including one where damages for delay in supplying pipes were reduced to reasonable compensation.
4) Stip
Quality Control Program Proposal Final DraftThomas Smith
The document outlines the organizational structure and roles for personnel working on the EDCC Parking Lot Project. It describes home office positions like the President, Vice President, and health and safety roles. It also outlines field positions such as the On-Site Project Manager, Quality Control Manager, Site Safety Officer, and Superintendent who will oversee day-to-day operations and ensure compliance with safety and quality standards.
adithya frondoso refers to warm, welcoming and verdantly green haven. aptly titled, frondoso residential project heralds the arrival of a relaxing, restful frontier and pairs luxuriantly with the swanky personality of the varthur setting.
http://www.adithyafrondoso.com/
How do young people meet when travelling?
How can this be done more effectively?
And how do I maintain the friendships they create when home, is thousands of miles apart?
...
These are important questions that come paired with globalisation, and in an age of social media dominance, I wanted to know, how people were thinking and how we could assist them.
En esta presentación, encontrarás toda la información para inscribir los cursos de formación complementaria a tu malla académica.
A lo largo de tu carrera es obligación tomar 20 créditos de estos cursos. 10 créditos es obligatorio que sean del área Teológica.
Este documento trata sobre los riesgos físicos en el lugar de trabajo como el ruido y la iluminación. Define el ruido y clasifica los tipos de ruido como constante, intermitente e impacto. Explica los efectos del ruido en la salud y las medidas para controlarlo. También define la iluminación y sus tipos como general, localizada y suplementaria. Finalmente, aborda la ventilación y su importancia para la salud de los trabajadores.
The document proposes a wireless e-voting system that allows voters to cast their votes remotely using their mobile phones or internet. It aims to address issues with the current electronic voting system like machine tampering, inability to vote from other regions, and re-election costs from damaged machines. The proposed system uses retina scanning and radio waves to authenticate voters and transmit their votes securely to a remote server for counting. It discusses the system architecture, voting process, security measures like encryption, and challenges around implementation including efficiency and areas without network access.
The document discusses various types of construction contracts, including lump sum, item rate, labour, material, percentage rate, cost plus, and turnkey contracts. It describes key elements that should be included in a construction contract agreement, such as a description of the work, payment procedures, completion dates, signatures of parties, and references to other contract documents like drawings and specifications. Disputes are typically resolved through arbitration according to the legal requirements in the contract documents.
The document outlines terms and conditions for an agreement between Premier Equestrian Builders and a customer for a construction project. Premier Equestrian Builders will provide all labor, materials, and equipment to complete the work described in the agreement and according to applicable laws and regulations. The contractor is responsible for safety and security at the site until completion and will provide required insurance documentation. Payment is due in full once the job is completed or the relationship is terminated by either party. The agreement can only be modified by written change order agreed to by both parties.
This agreement is between ECKS, a California company, and SCB Associates, a Minnesota corporation. SCB Associates will help ECKS find venture capital and equity investors by creating a viable business plan, strategic plan, marketing plan, SWOT analysis, and financials. SCB Associates will also submit proposals to investors on ECKS's behalf and implement business infrastructure like HR and benefits once funding is secured. The agreement outlines payment terms, independent contractor status, and procedures for disputes or termination.
The document provides information and recommendations for community associations to better prepare for hurricanes and other emergencies. It suggests that associations rethink their preparedness plans, which were shown to be inadequate during the 2004 hurricane season. Associations should budget for emergency funds, storm cleanup costs, and deductibles. They should also hire contractors and have emergency supplies ready to respond quickly after storms. Proper preparation, planning, and saving can help associations deal with the costs of hurricanes and other emergencies.
CONTRACTOR AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document discusses the process of progress billing for construction projects. It explains that progress billing allows contractors to submit payment applications throughout the course of a project as portions are completed. It outlines several key steps to the progress billing process, including establishing a schedule of values to assign dollar amounts to different scopes of work, determining the retainage rate to withhold a portion of payments until completion, setting the frequency of payment applications, and calculating the percentage of completion for each billing period. Attention to detail is important to avoid rejected payment applications due to incorrect completion percentages or math errors.
This document discusses mechanics lien coverage requirements for title insurance policies during construction projects. It outlines various requirements including obtaining owner affidavits, financial statements, construction loan mortgages, waivers of lien from contractors, sworn construction statements, visual inspections, and date down searches to ensure priority of coverage over any mechanics liens as construction progresses and funds are disbursed. Disbursements must be made directly to contractors and reconciled in an escrow account. Additional requirements apply if any work commenced prior to the initial loan disbursement.
This document discusses various types of engineering contracts and their key terms and conditions. It begins by outlining the four main functions of engineering contracts: scope of work, period of performance, payment, and termination. It then describes different types of civil engineering contracts such as item rate, percentage rate, and lump sum contracts. Finally, it lists important contract terms and conditions like security deposits, compensation for delays, extensions, completion certificates, and measurements and payments.
Tree Doctors Inc. will perform tree services in a professional and safe manner supervised by a licensed arborist. Work crews will arrive within a 4 hour window on the scheduled date, but delays due to weather are possible. The customer must ensure they have permission for any tree work and obtain necessary permits. Payment terms require a 10% deposit upon acceptance, with the balance due 30 days after invoice. The contract limits Tree Doctors' liability and can be cancelled up to 14 days before work with forfeiture of the deposit.
Tree Doctors, Inc., is a tree-care company located in Toronto, Ontario. We perform a wide range of tree services, including tree removal, tree planting.
Sample Independent Contractor AgreementThis Agreement is mad.docxrtodd599
Sample Independent Contractor Agreement
This Agreement is made between ____________________ ("Client") with a principal place of business at __________________ and _______________ ("Contractor"), with a principal place of business at ____________________________.
1. Services to Be Performed
Contractor agrees to perform the following services: _____________
OR
Contractor agrees to perform the services described in Exhibit A, which is attached to this Agreement.
2. Payment
In consideration for the services to be performed by Contractor, Client agrees to pay Contractor at the following rates: ____________________________.
Contractor shall be paid within a reasonable time after Contractor submits an invoice to Client. The invoice should include the following: an invoice number, the dates covered by the invoice, and a summary of the work performed.
3. Expenses
Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; radio, pager, or cell phone expenses; meals; and all salary, expenses, and other compensation paid to employees or contract personnel the Contractor hires to complete the work under this Agreement.
OR
Client shall reimburse Contractor for the following expenses that are attributable directly to work performed under this Agreement: _________________.
Contractor shall submit an itemized statement of Contractor's expenses. Client shall pay Contractor within 30 days after receipt of each statement.
4. Vehicles and Equipment
Contractor will furnish all vehicles, equipment, tools, and materials used to provide the services required by this Agreement. Client will not require Contractor to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.
5. Independent Contractor Status
Contractor is an independent contractor, and neither Contractor nor Contractor's employees or contract personnel are, or shall be deemed, Client's employees. In its capacity as an independent contractor, Contractor agrees and represents, and Client agrees, as follows
[Check all that apply]
[ ] Contractor has the right to perform services for others during the term of this Agreement.
[ ] Contractor has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. Contractor shall select the routes taken, starting and quitting times, days of work, and order the work is performed.
[ ] Contractor has the right to hire assistants as subcontractors or to use employees to provide the services required by this Agreement.
[ ] Neither Contractor nor Contractor's employees or contract personnel shall be required to wear any uniforms provided by Client.
[ ] The services required by this Agreement shall be perfor.
It is critically important to review and "manage" your contract provisions when dealing with a Change Order or potential differing site condition claim on the project.
1) The document is an inspection agreement between a property inspection company and a client to inspect a property located at a specified address.
2) It outlines the scope of the inspection as a visual examination of readily accessible systems and components, but excludes latent or concealed defects.
3) The client agrees that the inspector assumes no liability for repairs, replacement costs, or damages arising from the inspection or any defects found after the inspection.
CANTEEN AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
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VISIT : https://www.kanoonkerakhwale.com/
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This document is a service contract between Biggie Inc. and Hudson Studio LLC for freelance services. Hudson Studio LLC will create a PowerPoint presentation with 3 concepts for Biggie Inc. over a period of 2 weeks starting June 4, 2017 for $80 per hour. The contract details payment terms, confidentiality, ownership of work, non-compete clauses, and other standard terms and conditions for the freelance work.
This document outlines an engagement strategy with Meraki for the KOI Festival. It proposes three social media challenges
to get festival attendees interacting: 1) A "Sign Me" challenge where attendees get band signatures and photos, 2) A Vine
video challenge where attendees create festival highlight videos, and 3) A check-in challenge using Swarm where attendees
earn badges and rewards for checking in around the festival. Representatives will promote and run the challenges, with
prizes awarded daily and for the weekend. The goals are to maximize attendee engagement through the Meraki system
and gather analytics on attendee interactions.
LEC - 1.ppt most important lecture note and best2cd
The document defines key terms related to contracts, including:
1. A contract is a legally binding agreement between two parties that creates rights and obligations. It typically involves one party undertaking work in exchange for payment.
2. The elements that distinguish a contract from a simple agreement are offer, acceptance, and enforceability under law.
3. Key parties to a construction contract typically include the client/owner, contractor, and consultant. Their main rights and responsibilities are also outlined.
4. For a contract to be valid, it must generally contain offer/acceptance, consideration, competent parties, and a lawful purpose. The document provides further details on these elements.
CONTRACT CLAUSESEGR 4050JOHN W. TULACAttorney at Law, ProfAlleneMcclendon878
CONTRACT CLAUSES
EGR 4050
JOHN W. TULAC
Attorney at Law, Professor Emeritus
Copyright 2018
ANALYSIS OF THE CLAUSES
These are clauses that engineers may encounter in contracts drafted by potential clients
Your job is to read each clause and determine whether it is good for you, bad for you, or ugly for you
You will need to take your time with some of these clauses; some are not easy to read or understand
Welcome to the real world
BEST EFFORTS CLAUSE
Professional shall use her best efforts in the performance of all her duties under this Agreement for professional services
BEST PRACTICES CLAUSE
Engineer warrants and represents that it engages at all times in best practices for the performance of its services set forth in this Agreement.
MOST FAVORED CLAUSE
The price for the services is and will continue to be the lowest price charged by Engineer for the same or substantially similar services. If at any time during the term of this Agreement, Engineer offers or sells the same or substantially similar products to a third party at a lower price than the price set forth herein, Engineer will immediately notify Client and reduce the price for the applicable deliverables to such lower price on any pending and future services.
TIME CLAUSES
Time is of the essence.
Time Clauses
Schedule of Services - OK
Timeline Exhibit - OK
“Deadline” or “Deadlines” - Not OK
Description of purpose of schedule, timeline, deadline, etc.
Often necessary, but potentially dangerous
STANDARD OF CARE CLAUSE
THREE SIMPLE INDEMNITY CLAUSES
Engineer agrees to hold harmless and indemnify Client from any and all liability, including cost of defense, arising out of performance of the services described herein.
Engineer agrees to hold harmless and indemnify Client from any and all liability, including cost of defense, arising out of Engineer’s negligence, whether it be sole or in concert with others, in connection with performance of the services described herein.
Engineer agrees to hold harmless and indemnify Client from and against liability arising out of Engineer’s negligent performance of services.
MUTUAL INDEMNITY CLAUSE
The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Consultants negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable.
The Client agrees, to the fullest extent permitted by law, to indemnity and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Client’s negligent acts in connection with the Project and the acts of it ...
Chapter-2 Construction Contract. Subject code:3160614ptxsulevrunda
This document describes 12 types of construction contracts: item rate, percentage rate, lump sum, all in, labor, materials supply, piece work, cost plus percentage rate, cost plus fixed fee, cost plus sliding fee, target, and BOT. Each type is defined, with item rate, percentage rate, and lump sum contracts explained in further detail regarding their advantages, disadvantages, and key aspects.
Similar to General Terms & Conditions Group Project Final Draft (20)
Chapter-2 Construction Contract. Subject code:3160614ptx
General Terms & Conditions Group Project Final Draft
1. Smith
1
Thomas R. Smith
Const 220 Summer 2015
General Terms & Conditions Group Project
General Conditions:
The general conditions consist of the contract specifications, architectural drawings for
the job, the rights and responsibilities of all the involved parties. It also spells out what
the minimum performance requirements are for general contractor or subcontractors.
The general and subcontractors will be responsible for the scope of any contracted work,
including the materials, and the material assemblies to insure that they are, installed in
compliance with the code requirements at the time of installation on the date that the
contract is, signed. Any additional cost for code modifications of work that is not up to
code shall be borne by the general and subcontractors.
Prior to the general and subcontractors starting any work the subcontractors shall visit the
site to meet with the general contractor to go over any access restrictions to the site. All
subcontractors will have a representative attend, all of the coordination meetings to
coordinate the layout, location, and timing of when the subcontractors work will take
place, as is reasonably possible, in addition to working out scheduling issue between the
other crafts or trades during the coordination meetings.
The general and subcontractors will have a designated and qualified onsite supervisor,
present during the performance of any work by the general and subcontractor. The
designated supervisor will attend all of the coordination meetings, to review with the
general contractor and owner’s representative, the schedule, their progress according to
the schedule, quality control, layout, the coordination of work, and jobsite safety issues.
The general and subcontractors will provide a written contact list of that, includes the
following information. The actual name of the general and subcontractors company, who
are the legal owners of the general and subcontractors company, the general and
subcontractors contractor’s license number, full original copies of the general and
subcontractors, contractors insurance and bonding policies.
The general and subcontractor’s company contact telephone numbers and email address
for the offices of the owners, emergency contract information for the general and
subcontractors company owner during non-business hours and who the general and
subcontractors designated supervisor or authorized site representative will be for the site.
The general and subcontractors will attach a copy of their companies polices, stating who
within their company has the authority and responsibility to speak on their behalf
2. Smith
2
concerning any and all contract issue, once this document is accepted by the owner, that
document will become a part of this contract.
Copies of all shop drawings, manufactures cut sheets and material sample will be,
submitted by the general and all subcontractors to the owner for approval, no
subcontractors will start work prior to the receipt of approval by the owner of any shop
drawings, manufactures cut sheets or material sample.
The general and all subcontractors at all time will be responsible for cleaning up all waste
materials or debris they produce while working on the project site during the performance
of this contract. The general and subcontractor are responsible for the cost of the removal
and disposal of all waste materials or debris they produce while working on the project
site during the performance of this contract at an approved dumpsite. There will be no
exceptions to the general or subcontractor’s responsibility. For the cost of the removal
and disposal of all waste materials or debris, they produce while working on the project
site during the performance of this contract at an approved dumpsite. Unless, the general
or a subcontractor has received a copy of a prior written agreement and approval from the
owner.
Payment Procedures:
Payment procedures cover how payment will be, made for all work done by the general
or subcontractors. It address, issues concerning retention of payment, payments for partial
completion, substantial completion, conditions that must be meet by the general or
subcontractors before payment is made, the time when payment will be made, and the
final payment for the completion of the project.
The owner will retain 10% of all payments made to the general or any subcontractors
until the end of the project. The retention money will be, placed in an escrow account,
maintained by the owner for the general and each of the subcontractors. The general or
any subcontractors will only be, paid the 10% portion of the retention money by the
owner once it has been, confirmed. That all of the general or subcontractors work, has
been completed and performed in accordance with the terms and conditions of the
contract, that all subcontractors have been paid in full, and an unconditional lien release
has been signed by the general or subcontractors.
All work performed under this contract by the general or any subcontractor will only, be
paid once an inspection for completion of work has been certified as completed by the
owner. The general and any subcontractors work must completed and invoiced by the
owner on or before the last day of the month, in order for payment to be, made on the 15th
of the following month.
3. Smith
3
Applications for payment of partial or substantial completion by the general or any
subcontractor under this contract for work performed will be, made by the owner only for
the value of the completed work, less any payments for prior work performed, once an
inspection for completion of the work has been, certified as being completed by the
owner.
Final payment, to the general or subcontractors will only be made by the owner once an
unconditional lien release has been signed by the general or subcontractors, releasing the
owner from any further obligations connected to this contract and all claims, liens or
demands, that might arise from any matters connected to this contract.
Any extra add costs for extra work performed by the general or subcontractors will be
invoiced immediately upon completion and paid immediately only after the owners
inspection for completion of the work and the owner has certified acceptance of the work.
The owner will inspect the work on the first business day, 24 hours after notification of
the works completion by the general or subcontractor.
Laws and Regulations:
The laws and regulation portion of a construction contract covers and requires that the
general contractor and all subcontractors. “Adhere to any and all applicable, laws, rules,
regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction”
The general and all subcontractors, all of their employees and representatives. Will at all
times adhere to and comply with “all applicable, laws rules, regulations, ordinances,
codes, and orders of any and all governmental bodies, agencies, authorities, and courts
having jurisdiction” when they have to do with or are related to any “wage, hour, fair
employment practices, nondiscrimination, or working condition.” The general or
subcontractors will be responsible at all time for paying all permits, licenses, and
inspections required by the authorities having jurisdiction for any portion of work
covered under the terms of this contract. Additionally, the general or subcontractors will
be responsible at all times for furnishing all bonds, securities, or deposits required by the
authorities having jurisdiction in order to perform any work under the terms of this
contract. At no time, will general or subcontractors be not, responsible for the payment of
any of the above, mentioned item unless they have a copy of a written, and signed
agreement from the owner stating otherwise.
Insurance Requirements:
The insurance requirements portion of a construction contract is, used as an instrument or
means by which to contractually transfer and assign the risks involved with any
construction project to general or subcontractors preforming the work for the owner of
the project. It assures the owner a certain level of protection from the risks and financial
liabilities associated with any construction project that may arise during construction. The
4. Smith
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insurance requirement transfer a fixed amount of the financial liability that can occur
during a construction project and assigns defined risks to the insurer for the cost of the
insurance premium paid by the general or subcontractors.
The general and subcontractors will at their own expense purchase and maintain liability
insurance to cover any and all claims for damages connected to any work they perform
during their operations of preforming that work, while working on any of the owners
jobsites covered under this contractual agreement. The general and subcontractors will
carry insurance that cover any direct or indirect employees, employed by them or under
their supervision, during any work performed by them on any of the owners jobsites
covered under this contractual agreement. The general and subcontractors insurance will
include a clause that covers contractual liability coverage applicable to the indemnity or
indemnification clause provision of this contractual agreement, the general and
subcontractors have with the owner.
The general and subcontractors insurance policies will have an additional endorsement,
naming the owner as one the covered and insured parties on the policy.
The general and subcontractors will furnish the owner with original copies of their
certificate of insurance, additional insurance endorsement GC 2015 or equivalent for any
proof of insurance required, in this contractual agreement with the owner prior to the
starting of work on any of the owners jobsites covered by this contractual agreement.
Works Cited
"EJCDC Standard General Conditions of the Construction Contract 2007 Edition."
Www.epwu.org. Engineers Joint Contract Documents Committee, n.d. Web.
<https%253A%252F%252Fwww.google.com%252Fsearch%253Fq%253D00700%252B
EJCDC%252BStandard%252BGeneral%252BConditions%252Bof%252Bthe%252BCon
struction%252BContract%252B2007%252BEdition%252B%252B%2526ie%253Dutf-
8%2526oe%253Dutf-8>.
"Sample Contract." EDCC Canvas. N.p., n.d. Web.
<https%3A%2F%2Fedcc.instructure.com%2Fcourses%2F1168166%2Ffiles%2F5226101
3%3Fmodule_item_id%3D13226499>.
"Construction Contracts - Negotiate for Success." Negotiate for Success. Southernstar
Consultants LLC, n.d. Web. <http%3A%2F%2Fwww.southernstar-
consultants.com%2Farticles%2Fnegotiate_for_success.html>.