Posted: May 14, 2021 | Legal
Contractors and design professionals face a unique level of exposure for lawsuits over their work compared to other professionals. With the growing complexity of construction projects, the longevity of buildings, and the increasing inclination for plaintiffs to file lawsuits over construction defects years down the road, one might ask when exposure for a completed project really ends. Many states have addressed this problem by enacting statutes of repose specifically dealing with claims arising from the construction or design of real property.
Posted: April 16, 2021 | Legal
Our industry has long grappled with the best way to manage risks in construction contracts and other project documents. This battle persists because these contracts and documents carry serious risks that can easily torpedo a company. In response to this dynamic, our industry has developed two approaches to managing this process: underinvestment and overinvestment. However, each approach is flawed. Below, we describe new approaches that of fer a better way.
“Adjacent” or “Virtually Adjacent” Under the Davis Bacon Act – What Every Contractor and Surety Professional Should Know
Posted: April 2, 2021 | Legal
On federal and federally funded projects, contractors and sureties face a multitude of potential wage-related liabilities. However, contractors and sureties may limit this potential exposure by developing a thorough understanding of the Davis Bacon Act (the “DBA” or the “Act”) and its requirements. The Act, which applies to federal or federally-assisted contracts in excess of $2,000 for construction, alteration, or repairs, requires contractors and subcontractors to pay laborers who are “employed directly on the site of the work” locally prevailing wages and fringe benefits for corresponding work on similar projects in the area.
The ConsensusDocs Coalition has announced the industry’s first standard contract document to address one of the most important and growing trends in the design and construction industry – prefabricated construction. The Modular Building Institute (MBI) as well as individual volunteers active in the National Institute of Building Sciences (NIBS), Off-Site Construction Council, have been working with ConsensusDocs for two years with industry leaders to offer a standard prefabricated construction contract document. MBI recently joined the ConsensusDocs Council as result of the successful work conducted by the working group. The new ConsensusDocs 753 Standard Prefabricated Construction Contract addresses the most common use case scenario of prefabricated construction in which a constructor, general contractor, design-builder, or Construction Manager contracts with a prefabricator to fabricate a component off-site that is later installed on a project worksite.
Tthe ConsensusDocs Coalition is publishing eight newly revised performance and payment bond forms. Today’s comprehensive revisions further ensures that ConsensusDocs the most up-to-date and best practice performance and payment bonds in the industry.