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7 Things Contractors Need to Know About Retainage

Fieldwire

Retainage is up for negotiation Retainage is not set in stone. Every contract is negotiable, including what percentage is retained and for how long. For example, in the American Institute of Architects (AIA) A401 — the standard contract between a contractor and subcontractor — the retainage amount is blank.

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Illinois Appellate Court holds that Express Indemnity Claim Subject to 10-year Statute of Limitations

Construction Lawyer

In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification. contracts litigation'

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

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

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Active Interference Wins Skee Ball Points and Precludes Enforcement of A “No Damages for Delay” Clause

Best Practices Construction Law

Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage.”. In the a regularly cited case, United States Steel Corp.

Claims 48
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Construction Contracts: Mediation Is A Great Alternative To Litigation

Construction Law Monitor

Many American Institute of Architects (AIA) form contracts will allow for an option to include both a mediation and arbitration clause for alternative dispute resolution. Each party negotiates some give and take until a compromise is reached. Maryland Court Addresses Arbitration or Mediation Clause Impact On Mechanics Lien Claims.

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No Damages for Delay: What It Means and What Can You Do

Best Practices Construction Law

Dormitory Authority of State of New York , appellate court enforced a no-damages-for delay clause against a contractor, rejecting a $10m delay claim. ” Although the contractor in Plato General Construction had contributed to some of the delays, this fact was irrelevant given the waiver of these types of claims in the contract above.

Claims 48
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Job Order Contract Execution Guide – Sample Template

Job Order Contracting

These negotiations must precede the JO award/approval and are not allowed on a Change Order basis. 3) The Contractor will be required to stand behind his negotiated price quotation for a minimum period of 30 calendar days from the date of its acceptance by the ORGANIZATION NAME. payment when requested by the ORGANIZATION NAME.

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