Ahlers & Cooney, P.C.’s Post

As those in the construction industry know, Iowa Code Chapter 573 governs public projects in Iowa in many aspects, including setting forth the rights and obligations of those involved in public projects in regard to retainage. From time to time, there are disputes in the interplay between the various provisions of this chapter and questions about the balancing of the rights among the various players in the project—the project owner, the general/principal contractor and the subcontractors. Fredrikson attorneys Jodie Clark McDougal and Jackson G. O'Brien expand in the latest article in The Construction Counselor: https://bit.ly/3UyyStl

Explore CDARA, Colorado's cornerstone for handling construction defects. Essential insights for developers, contractors, and homeowners can safeguard rights and build healthier industry ties. Dive into the details. 🌟 #ConstructionLaw #Colorado https://bit.ly/3YashYZ

Construction industry professionals, take note: House Bill 451 has been introduced in this year’s Maryland General Assembly session seeking to eliminate the classic “pay if paid” clause from construction contracts in Maryland – for both public and private projects. What does this mean for you? One of the foundational concepts of construction contracts is now under close scrutiny, and if eliminated, could have significant consequences. Read more: https://lnkd.in/eigwFFYR #constructionlaw #constructioncontracts #payifpaid #MDlegislativesession

In the case of Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP), the Supreme Court has unanimously found that (most) collateral warranties are not construction contracts within the meaning of the Housing Grants, Construction and Regeneration Act 1996 (the ‘Construction Act’). Luke B. looks at the case, the outcome and what this means in practice. #constructionlaw #realestatelaw #propertylaw

“Lawmakers are working to create the Construction Disruption Assistance Program to hopefully provide money for small business owners dealing with financial challenges caused by construction zones. State Rep. Anna Eskamani said she believes the program is essential to help keep businesses alive during these types of public works projects. “We have so many vacant store fronts across Central Florida. And we have these amazing small business struggling under public works projects," she said. "And it’s important that we take responsibility as government officials, that we don’t unintentionally damage a small business while we are working on a road or utilities." If passed, applicants will have to submit an application to receive funds that shows documentation of demonstrable loss, and a plan for the use of the money. Ortiz said it’s good to know there is the potential for a financial safety net during the three-year Summerlin Avenue construction project. “For us to be able to get help and for me to get help as a business owner, because of construction is definitely a blessing," he said. If the legislation passes, it would take effect on July 1.”

Did you know that anytime a road is renovated, a public school is built, or a city storage shed is constructed, that construction project likely began through a process called competitive bidding? Despite its frequent use, the requirements and intricacies of competitive bidding can be a surprise to project owners and contractors alike. Want to learn more? Moss & Barnett, P.A. #ConstructionLaw attorneys Jeffrey Wieland and Madeline Davis write about #CompetitiveBidding, including: -What is Competitive Bidding, including the Purpose, the Bidding Process, and Responsive and Responsible Bidders; -Bid Protests and Consequences for Public Entities, including Bid Protest Lawsuits (TROs, permanent injunctions, and violations of court orders); and -Moss & Barnett's Construction Law Team's Competitive Bidding Experience in their article, "Select Bids Fairly, or Bid Farewell" ⬇ https://lnkd.in/gXURq8m6

🏢 🚧 "Delay and construction defects are considered a DC Class VI—Building Condition. Many appraisers, real estate economists, real estate analysts, and attorneys are familiar with the DC Matrix, which outlines the assessment, repair, and ongoing stages with cost, use, and risk issues. The DC Matrix frames the three stages of analysis and related issues that may warrant consideration for matters involving any detrimental condition. The assessment and repair stages include the following issues while the property condition is corrected or repaired: Costs: These are the costs (direct damages) associated with assessing and repairing a defect or addressing the delay. In construction delay, the cost and delay period are generally provided by qualified construction experts and not the real estate damage expert. Use: This category includes any disruptions to utility or lost revenues during the assessment and repair stages (indirect damages). This issue is typically the scope of the expert’s assignment when a project’s construction schedule is interrupted due to delay. Risk: This includes the uncertainty factor and project incentive to entice a buyer to purchase a property that is damaged but not yet assessed or repaired, which could exist as a result of a history of construction defects and delay. This is often not germane and is not addressed in this article." Orell Anderson and Edward Gentilcore. "A View from the Ground Up: Calculating Damages Due to Construction Project Delay." Construct! Fall 2005, vol. 15, no. 1, Section of Litigation, American Bar Association, Chicago, Illinois. https://lnkd.in/gJ7jHPSr

🏗 🏦 In construction defect cases, appraisers may need to estimate the project delay as a variable in property value diminution. This article focuses on project delay and offers an example of how appraisers calculate such damages. 👷♂️

Understanding the rules for pre-lien notices in Texas is essential for protecting your business interests in the construction industry. Check out this informative article to ensure you're compliant and informed! https://lnkd.in/gdUPaRKn

Construction Chronicles: The Not-So-New and OMB-Approved Monthly Construction Utilization Report https://bit.ly/4eTSLE2 #Construction #Government #Laws