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Legally Speaking: When to Engage Construction Legal Counsel

Posted on January 10, 2017 by J. Norman Stark

 
  • A company receives a lawyer letter, stating representation of a party involved in one of the company’s projects, with notification of a claim for damages.
  • A company receives documents appearing to be new, unusual or unforeseen contract forms, additions, modifications or change orders.
  • Company encounters acts or conduct by another party on the project which is inconsistent with its previous experience, posing a potential risk factor.
  • A company receives assertion or notice, written or verbal, of potential claims by anyone.
  • A company considers terminating a subcontractor, supplier, or pulling off from the project.
  • A company detects or recognizes acts or conduct which may jeopardize the project or the company’s position.
  • A company discovers information which tends to raise substantial doubt of timely payment.
  • A company recognizes unusual conduct of the owner, developer, lender or others on the project which normally would not require the attention or intervention of the company’s lawyer.
  • Company experiences personality problems with representatives of another party on the project.
  • A company, after repeated efforts to resolve differences or difficulties, continues to experience significant risk, requests counsel to consider and advise on proper strategy implementation.
  • A company receives formal notice of an insurable lien or claim, threatening to stop the work, or demanding payment for work completed.
  • Company experiences injuries or loss of property on a project, with insurable losses.
  • A company recognizes financial instability of an owner or subcontractor, or disputes persist, impacting potential profitability of the project.

Experienced construction counsel may be relied upon to implement avoidance

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CCDC 2MA – 2016 Master Agreement is developed to meet the needs of Owners with an on-going construction or maintenance program: to enter into specific work arrangements quickly and easily, without having to review and re-negotiate general terms and conditions for each work order.

The Master Agreement is a contract form between Owner and Contractor that is applicable for a defined period of time and is intended to establish contractual terms and conditions (excluding scope, time and cost) for multiple projects during that time period.  Each project will be ordered by means of Work Authorizations, that define the project specific requirements like scope, price, time.

* Available in electronic format only.

 

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CCDC 3 – 2016 is a standard prime contract between Owner and prime Contractor to perform the required work on an actual-cost basis, plus a percentage or fixed fee which is applied to actual costs.

CCDC 11 – 2016 Contractor’s Qualification Statement is a standard form for obtaining information on capacity, skill and experience of Contractors bidding on building construction projects. 

CCDC 29 is developed for Procurement Authority (e.g. Owners, Consultants, Construction Managers, Design-Builders) to explain and recommend best practices through the entire pre-qualification process.

There will be discussions on how to determine whether pre-qualification is necessary and appropriate during the procurement planning,  comparison of various types of pre-qualifications (unlimited, short-listing, source-list), best practices for Request for Qualifications (checklist, submissions, evaluation and interviews, notification and debriefing).

There will also be an explanation of the revised CCDC 11 ‘Contractor’s Qualification Statement’ and its correct use.

CCDC 44 - A guide document designed to assist users of CCDC 14 – 2013 and CCDC 15 – 2013

 

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DCA Members,

Always review and make sure the DCA has your up-to-date information in the Membership and Classified Listings Section. It is important for your company to be displayed on the site correctly.  This web site is the source for DCA member trade information - current company data is essential.

 

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