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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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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. This starts with using contracts that people can easily comprehend.

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

Construction Lawyer

Federal Court dismisses subs claim against GC because of arbitration provision. April 2, 2012), dismissed an action by a subcontractor against the general because there was an agreement to arbitrate in the subcontract. The Subcontract incorporated the terms and conditions of the Prime Contract by reference.

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Litigation Topics for Prime / Subcontractor Contracts

Construction Law Monitor

Here both parties need to negotiate terms to better protect when a dispute arises. Commonly litigated subcontract provisions. Very important risk-shifiting devices – can determine a win or loss regarding a claim. Lien Waivers. Prime/Subcontractors Contracts. Typically subcontractors are at the mercy of the prime.

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Construction Contract's arbitration provision is separable, based on

Construction Lawyer

provided that if arbitration is provided for in the "Contract Documents," Mortenson "in its sole discretion" may demand arbitration of any dispute under the subcontract. The " The final paragraph, § 21.4,  governed situations where the subcontractor asserts claims against the owner or architect.

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Job Order Contracting – Best Practices Implementation

Building Information Management

Labor costs will be reimbursed to the Contractor at the unit price rate multiplied by the Contractor negotiated coefficient(s). Supervisory costs are to be part of Contractor’s negotiated coefficient and will not be reimbursed as a separate labor. Subcontracts. Execution Procedures.

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State by State Incentives Guide

Buisness Facilities Contributed Content

State Credits available against the Corporate Income Tax: Education Credit (AS 43.20.014): Taxpayers that contribute to vocational education programs or accredited Alaska universities or colleges for educational purposes or facilities may claim a tax credit for 50% of the first $100,000, 100% of the next $200,000, and 50% of further contributions.

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