By Bruce Jervis
The design and construction process primarily involves two-party agreements, a chain of contractual relationships. Sometimes, however, arrangements are created which involve three or more parties. Examples include claim sponsorship and joint check agreements. When these agreements fail to allocate financial proceeds, disputes follow. Two recent cases provide examples.
The first case involved a prime contractor’s sponsorship of a subcontractor delay claim against the project owner. The contractor eventually settled the dispute with the owner on behalf of itself and several subcontractors. But the settlement agreement was not itemized and did not allocate the proceeds among the multiple claimants. Litigation ensued. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Sub Demands Portion of Prime’s Claim Settlement with Owner
- Joint Check Agreement Enforceable but Full Amount Not Imputed
- Shop Drawing Prep Covered by Miller Act Payment Bonds
By Steve Rizer
Which projects has the U.S. Department of Energy (DOE) most recently decided to support to make buildings more energy efficient through innovative technologies and techniques? Three of the 18 projects involve open-source energy-efficiency software, nine focus on heating, cooling, and insulation technologies, and six involve conserving energy at small commercial buildings. For summaries of what these innovations are, click here.