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Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

Best Practices Construction Law

The alleged misrepresentations include issues related to subcontractor quotes, firm fixed prices, subcontracting plans, and more. Motion to Amend and Legal Defense: The Corps, despite delays in formally amending its answer, argued that KBR was aware of the potential affirmative defense before the conclusion of fact discovery.

Defense 62
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Advise & Consult: Serious, expert legal insights for the construction industry

Construction Marketing Ideas

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48
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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

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Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Best Practices Construction Law

The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. Like every legal question, the answer is: It depends! Tully Construction Co. ,

Claims 82
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Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40
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Subcontractor Default Insurance: Pros & Cons for General Contractors

Levelset

SDI helps general contractors cover the expenses that are incurred when a subcontractor fails to perform according to the terms of their agreement. If a subcontractor defaults on a project, the general contractor can make a claim with the insurance company to cover costs above their deductible and any loss reserve requirements.

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Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

For this reason, construction professionals must find better ways to craft and negotiate agreements. She recalls her experience speaking with a fellow attorney who had to go through a 129-page subcontract that could have been cut down to ten pages. Another common type of agreement is the Guaranteed Maximum Price (GMP) contract.