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Good Faith and Fair Dealing: The Essence of Construction Agreements

Constructonomics

Everybody loves to get hung up in contract language. On construction projects, contractors, owners, and subs will fire contract language back and forth like missiles in what gets to be an arms race of legalities that negatively affects projects by creating panic and anxiety. Absolutely not.

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Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

Best Practices Construction Law

Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. The owner and contractor entered into an AIA Contract for the construction management services.

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AIA releases 13 new and updated contract documents

BD+C

One of the most notable changes is a new Contractor-Subcontractor Master Agreement and accompanying work order. The new agreement allows a contractor and subcontractor to agree to a predefined set of terms and conditions that apply to multiple scopes of work.

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Construction Contracts Online: ConsensusDOCS and AIA Go Head-to-Head

Best Practices Construction Law

Last month, ConsensusDOCS released an entirely new online platform to deliver its construction form contracts. ENR journalist Johanna Knapschaefer wrote a good piece about " ConsensusDOCS Contract Library Takes to the Cloud, " where she described the real-time collaboration needed for contract negotiations.

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Louisiana Court Enforces AIA Wavier of Subrogation to Preclude Carrier’s Recovery

Constructlaw

The contractor and subcontractors moved for summary judgment, asserting that the carriers’ claims were barred by the mutual waiver of subrogation contained in the prime contract. That contract, consisting of an A101-2007 and A201-2007, contained the following broad-form waiver of subrogation (which is the base language from Section 11.3.7

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7 Things Contractors Need to Know About Retainage

Fieldwire

It’s fairly common, especially on commercial and public construction projects, and typically ranges from 5 - 10% of the total contract price. So on a $100,000 contract with 10% retainage, the contractor doesn’t have to fork over ten grand at the beginning. Instead, the contractor will deduct the retainage from each payment application.

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Job Order Contract Execution Guide – Sample Template

Job Order Contracting

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. DEFINITIONS.

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