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#127:  Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. In Costa v. Brait Builders Corp. ,

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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. authorization.

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Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Construction Lawyer

Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation. The prime agreement between Weisel and Ryan consisted of an AIA Document A111 (presumably a 1997 version) and an AIA Document A201 (also presumably the 1997 version). Nor does the subcontract contain anything like Paragraph 24.3.3

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#84:  Owners' Third Party Beneficiary Rights Against Subcontractors

NH Construction Law

In contract law there is a well-recognized exception to the rule requiring “privity of contract” as a prerequisite to recovery for breach. They will merely be incidental beneficiaries, with no contract right of recovery against the subcontractors. ” Brooks v. . ” Brooks v. ” Id.

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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability.

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Litigation Topics for Prime / Subcontractor Contracts

Construction Law Monitor

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. Prime/Subcontractors Contracts.

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Construction Contract's arbitration provision is separable, based on

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.