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What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? In Ukraine, there is no standard mandatory form of a construction contract. The General Conditions for Conclusion and Performance of Capital Construction Contacts’ approved by the Resolution of the Cabinet of Ministers of Ukraine No. 668, dated 1 August 2005 (Regulation No. 668) provides recommended terms and conditions of construction contract in capital construction, which the parties may deviate, provided that the provisions of the contract do not contradict imperative (mandatory) provisions of Ukrainian law. Regulations No. 668 provides that the general conditions should be ‘mandatorily taken into consideration’ irrespective of the sources of construction funding or the form of ownership of an employer or a contractor. Read more about construction contracts and insurance in Ukraine here: https://lnkd.in/g2Mz66mC
At a glance: construction contracts and insurance in Ukraine -
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Informative article for general contractors and subcontractors on implementing, reviewing, executing, and signing NDAs in the construction industry. #contractors #subcontractors #constructionmanagement #surety #insurance #NDA https://lnkd.in/gFzk-ere
How contractors and their clients can navigate NDAs
constructiondive.com
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Below is the latest article I co-wrote with Thomas H. Welby. P.E., Esq. about a court reminding us that performance bonds cannot be used as an alternative to an insurance policy.
Performance bonds are a familiar tool in the construction industry—particularly on public works and larger private projects. Their purpose is to provide an owner or upstream contractor with a guarantee that a contractor is not getting in over its proverbial head, and will actually complete the job at the cost originally contracted. The performance bond does this by having a surety issue a guaranty of credit in the amount of the contract. Read more about Appellate Court Reminds Us That Performance Bond Is Not An Insurance Policy For Later Claims in this month's Attorneys' Column by Thomas H. Welby. P.E., Esq. and Gregory Spaun: Click here: https://lnkd.in/e58EBn5V #performancebond #constructionlaw #constructioninsurance #constructionfinance
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Legal Tips: Common Mistakes Contractors Make & How to Avoid Them 1. Skipping Written Contracts: Always use a detailed, written contract to avoid misunderstandings. 2. Ignoring Insurance: Ensure your business is covered with the right insurance to avoid costly lawsuits. 3. Overlooking Local Regulations: Stay on top of building codes, licenses, and other legal requirements. 4. Vague Payment Terms: Be clear about payment schedules and terms to prevent payment disputes. 5. Forgetting Lien Rights: Protect your right to payment by properly filing a lien when necessary. Have any questions? Contact our experienced attorneys below👇 📞 (305) 570-2208 ✉️ eayala@ayalalawpa.com #Construction #LegalAdvice #LegalTips
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Some more useful guidance on how defective premises claims will be valued (following the #buildingsafetyact) from Chloe Wood and Lee Ward
A valid net contribution clause is a really useful tool in reducing a party's potential exposure to risk, although it isn't a complete safety net. In this article, our experts discuss a recent case, bringing us a stark reminder that net contribution clauses will not always come to the rescue. Find out more: https://loom.ly/_sqn-Pw
New case law: Damages will remain high for Defective Premises Act claims | Foot Anstey
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Working hard on a project but worried about on-time payment? Watch our latest webinar with legal expert Jason Robinson, and learn how liens, bonds, and strong contracts can help you get paid faster and protect your business in Wyoming. https://hubs.la/Q02s-nsC0 #preliminarynotice #claimoflien #intenttolien #claimonbond #constructioncontracts #wyominglienlaws #SunRaywebinars2024 #unconditionallienwaivers #statutoryliens #contractclaims
A Contractors, Subcontractor’s & Supplier's Step By Step Guide to Getting Paid - Wyoming
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https://lnkd.in/gqFtFjD7 Best Practice is to have construction contracts reviewed by your attorney and your insurance agent to ensure exposure coverage. #notjustinsurance
Construction Lawsuits Are Spiking As Pressure Rises To Accelerate Projects
bisnow.com
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In today’s article, we will dive deep into some of the most common legal problems in construction and explore effective ways to address them. https://bit.ly/3Y04dbq
6 Proven Strategies to Resolve Legal Issues in Construction
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It's niche news Tuesday. When I write about esoteric concepts in construction law. Can a surety assert priority against amounts awarded in a construction adjudication? Probably yes. Though it depends on the terms of its indemnity agreement with the principal. Read more about it here and in the October OBA Construction & Infrastructure section newsletter:
Pavle Levkovic, Kristen Shorer Examine Surety Priority in Construction Adjudications
airdberlis.com
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🚀 Insight from Our Construction Law Experts at Simmons & Simmons! 🚀 In the recent case of Power Projects Sanayi v Star Assurance, the court delivered a ruling that underscores the autonomy of a bond-issuer's obligation to pay under an on-demand performance bond, irrespective of any liability under the contract it secures. This decision reaffirms the principle that the obligation to pay upon a valid demand is largely unchallengeable, except under very specific circumstances. 🔍 Key Takeaways: - The court highlighted the independence of the bond-issuer's obligation from the underlying contract's liabilities. - It was emphasized that valid demands for payment under on-demand performance bonds are difficult to contest, with fraud being one of the few exceptions. - The ruling clarifies the limited scope for bond-issuers to resist payment upon demand, reinforcing the security that these instruments provide to project owners. This case is a must-read for professionals in the construction sector, offering crucial insights into the enforcement of on-demand performance bonds and the protection they afford against non-performance. For a deeper dive into the implications of this ruling and its significance for the construction industry, read the full article https://lnkd.in/eNPZwyMU . Discover how this decision could impact your projects and the use of performance bonds. Steven Kaye Caitlin Lloyd #ConstructionLaw #PerformanceBonds #LegalInsights #SimmonsAndSimmons #ConstructionIndustry
On-Demand Performance bonds: issues for issuers
simmons-simmons.com
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