Roger Harper, principal of RHarper Consulting Group, recommends getting at least three bids and having each contractor explain to you how he would approach the work. Get three customer references, at a minimum, from each contractor, as well as a bank and an insurance reference. Site managers should take the time in advance to develop their own form contract, says veteran construction and development litigator Scott W. Campbell. Campbell strongly recommends that site managers opt for a "fixed-bid" contract rather than a "time-and-materials" or "cost plus" contract. The contract should include requirements for site inspection and written change orders, assurances of contractor's ability to pay for damages, claim notice provisions, damages in the event of delay, requirement for contractor-...
The FHWA is requesting comments on a proposed --``Required Contract Provisions Federal-Aid Construction Contracts.'' This form includes certain contract provisions that are required on all Federal-aid construction projects. The revisions are necessary to provide consistency with the current policies of the FHWA and other Federal agencies.
On Nov 5, 2007, the American Institute of Architects (AIA) issued its 2007 version of Standard Form A201, which contains the AIA's General Conditions of the Contract for Construction. That change involves the introduction of the concept of an "initial decision maker" (IDM) who is supposed to make decisions concerning claims that the predecessor version of A201 reserved to the architect. The 2007 A201 document contains a new Article 15, which incorporates most of the claim procedures previously found in Article 4 of the 1997 version. This new article contains the bulk of the IDM provisions and it also says that it remains the architect's responsibility to interpret and decide matters concerning performance under, and requirements of the Contract Documents parties electing to use the new ...
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement and the reinstatement of GSA Form 1142, Release of Claims, regarding final payment under construction and building services contract. GSA Form 1142 was inadvertently deleted as part of the rewrite of GSAR regulations on Contract Financing. GSA Contracting Officers have used this form to achieve uniformity and consistency in the release of claims process. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this ...
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement and the reinstatement of GSA Form 1142, Release of Claims, regarding final payment under construction and building services contract. GSA Form 1142 was inadvertently deleted as part of the rewrite of GSAR regulations on Contract Financing. GSA Contracting Officers have used this form to achieve uniformity and consistency in the release of claims process. A notice was published in the Federal Register at 77 FR 2726, January 19, 2012. No comments were received. Public comments are particularly invited on: Whether this collection of information ...
... contract forms for procurement, construction, engineering services, and architectural services....
The costly expense and time-draining nature of litigation is spurring change to many commercial real estate contracts, which have traditionally required any dispute be resolved through litigation in a court where the property at hand is located. In efforts to avoid litigious headaches, placing alternative dispute provisions in commercial real estate contracts that mandate any conflict be resolved through nonbinding mediation or binding arbitration is a growing trend. It is vital for any property manager, especially those who use "form" contracts or who review and approve any real estate-related contract (including construction contracts), to know the differences, and pros and cons of nonbinding mediation and binding arbitration. Any company should not charge headfirst into litigation, b...
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