Making Dollars and "Cents" of Key Contractual Payment Provisions and How State Law Can Impact your rights
Clauses that can affect your right to payment in different U.S. states
By Ashley Sherwood and Dan W. Ballesteros, Seyfarth Shaw LLP
Most statutory payment provisions fall into three categories (1) timing of pay- ment; (2) conditions of payment; and (3) bases for non-payment. This article discuss- es typical contractual clauses impacted by statute and provides examples on how state law may apply to your project and impact your rights. While not every payment-relat- ed issue or state law is covered in this article, contractors and subcontractors of all sizes and specialties should come away with a better understanding of what to look for in their existing contracts, and what to push back on during their next negotiation.
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PDCA is finally revealing the winners of the PDCA 2022 Project of the Year Awards with the latest issue of PileDriver magazine!
Did your company take home a top prize? After a record-setting year of project submissions, competition was fierce. The judge's panel has issued it's verdicts in the several, contested categories and we extend a sincere CONGRATULATIONS to the 2022 winning companies. Make sure to read the newest PileDriver magazine which includes descriptive narratives about each project, as well as striking photography chronicling various stages of the progress. The pile driving industry celebrates these projects which demonstrate innovation, problem-solving, work capacity and resilience of your fellow PDCA members.
Entries for next year's Project of the Year Awards program for projects completed by December 31, 2022, will open in January. Start planning your submissions now!
Click the cover Image to Access the E-Magazine
PDCA and publishing partner Lester Publications proudly announce that the PileDriver magazine Issue #2-2022 is now available in digital format; watch your mailbox in coming days for your hard copy edition.
There is plenty of new content available in Issue #2; PDCA President Brian Heck leads off the publication with his observations on a very active start to the year for the Association. Executive Director Frank Peters follows with his insightful column about strides the organization is making on behalf of the driven pile industry.
You will find fascinating project content when you read the cover story about Seattle's Pier 62, a dramatic pile driving feat performed by Pacific Pile & Marine. It creates a brand-new facade for the waterfront side of Downtown Seattle.
Don't miss a large section summarizing the PDCA Annual Conference which concluded in February. You will find plenty of photos from the various activities that took place throughout the week at the Arizona Grand Resort in Phoenix. Among them, PDCA Committee Meetings, Awards presentations and the golf outing.
It's been a remarkable career for Mike Elliott who recently retired from Equipment Corporation of America. A longtime friend to PDCA, Mike sat down with us to share his observations from a 50-year career in the pile driving industry. You will see some of the special photos taken at a recent company event honoring his contributions.
Check in on the PDCA Chapter news, notable headlines from the industry and a Business contribution from Harris May of the Dafanie Financial Group submits an article that provides guidance to employers on Worker's Compensation.
And don't miss Member profiles on Farrell Brothers Marine Construction, South Shore Pile Driving and McMullen & Pitz. California attorney Mark J. Rice (pictured) submits this issue's legal column.
South Shore Pile Driving LLC
McMullen & Pitz Construction Company
Farrell Brothers Marine Construction, Inc.
In Issue 6 2021 of PileDriver, PDCA is taking a winter trip to Canada! In this issue, we look to our northern
"neighbour" to feature Canadian PDCA members, influential individuals, projects, business considerations and more.
The Canadian driven pile
industry achieves new depths with the Kitimat LNG Plant. Innovation and coordination allowed for installation some of the longest single-length driven land piles in North America.
Bengt Fellenius, Dr. Tech,
P. Eng., M. ACSE
a legend in foundation design.
PDCA CONTRACTOR MEMBER:
Powell Foundations Inc. helps keep Ontario business traffic moving.
Transcending international borders
Samuel Roll Form employees work together for success.
The latest PileDriver magazine, Issue #5 - 2021 includes two article submissions from public relations professionals who address various considerations for contractors who are building in populated areas.
The first article is entitled "Public Relations and Communications Guidance for the Construction Industry," by Lisa Joselove (pictured, right) and Christine Fournier (left) of Joselove-Filson Advertising, Inc. It acknowledges that noise and vibration concerns can become a problem of public perception for driven pile contractors. The authors share a few important tips about public relations as a means to build trust in the communities where your company works in order to create more tolerance and goodwill from community members. Read more, starting on Page 91.
Offering another perspective in "Stay Ahead of Noise and Vibration Complaints," author Kelly Nettleton Kennedy of the Kennedy Consulting Firm addresses the issue and encourages contractors to employ community relations and strategic communications components for jobs that are vulnerable to public scrutiny. Read more, starting on Page 94.
Aside from public relations issues surrounding noise and vibrations in pile driving, this issue of PileDriver also includes content about solutions for contractors to consider such as testing and monitoring programs as well as equipment developments and alternatives available in the marketplace.
The following five articles were obtained exclusively for the purpose of publishing in this special edition:
- Remote Vibration and Noise Monitoring for Construction (page 72)
- Changes to Piling Equipment (page 78)
- What if You Really Have to Mitigate Noise and Vibration? (page 82)
- Pubic Relations and Communications Guidance for the Construction Industry (page 91)
- Stay Ahead of Noise and Vibration Complaints (page 94)
Plus, Jeff Prattini of PDCA Member law firm Shields & Mott presents some sound legal guidance for subcontractors who face payment delays (page 97).
If you are seeking project stories, there is no shortage of those in Issue #5; read about he New Orleans Municipal Yacht Harbor Project (page 49), the Norwalk Maritime Aquarium in Connecticut (page 54), the Matson Mill Multi-Family Condominium in Pennsylvania (page 58), the Continuous Galvanizing Line - Nucor Specialty Cold Mill Complex in Arkansas (page 62) and a cover story on Metropolitan Park 6, 7,8 in Virginia.
Of course Issue #5 brings you recurring content such as messages from PDCA President Kevin Gourgues (page 5) and PDCA Executive Director Frank Peters (page 11). You will find the latest from our Chapters, a full list of members and upcoming events, including a sneak peak at the upcoming PDCA 23rd Annual International Conference & Expo set for February 2022 in Phoenix.
Read the digital edition of the magazine here - just click the image above. Then read it again in hard copy when it arrives in your office; you're certain to find something you missed on the first review! PDCA thanks all PileDriver magazine advertisers, content contributors, members who help put the pages together and our publications partner Lester Publications.
- FREE Networking Social for New England Pile Drivers, Thursday
- Value Driven Webinar Series Goes On-Location in September
- DICEP '23 Delivers 8.5 hours of Diversified Education in Houston
- Texas Chapter Hosts Successful, Sold-Out Golf Tourney
- POSTPONED: July Webinar on Steel Piling for Bridge, Heavy Highway Projects
- Pacific Coast Chapter Gives Scholarships; Two Winners Interned for PDCA Members
- DICEP Starts Tuesday in Houston, There's Still Time to Register
- Greg B. at Heron Wolf Wins August #PDCADriven Contest
- A Pile of News - September 2023
- Pacific Coast Chapter Seeks Volunteers for Leadership Board