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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? 2d 680 (2005), construing West Virginia law, held that it was. I promised elaboration on this question in an earlier blog (# 8).

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

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Federal Court dismisses subs claim against GC because of arbitration provision. Liquidation Agreement did not supercede agreement to arbitrate.

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Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Best Practices Construction Law

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In Kellogg Brown & Root Servs., million; and. million; and. million; and. million; and.

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Non-signatory bound by agreement to arbitrate

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Non-signatory bound by agreement to arbitrate. Normally, only a party to an agreement to arbitrate is bound by the arbitration provision.

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Construction Contract's arbitration provision is separable, based on

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. " The final paragraph, § 21.4,  governed situations where the subcontractor asserts claims against the owner or architect. Disclaimer.

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Seventh Circuit examines "pay-if-paid" provision

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Mr. Goodman has also worked on appeals and appeared before appellate courts. Copyright Notice. Disclaimer.

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. The owner had hired a general contractor who, in turn, had subcontracted some of the work. Copyright Notice. Disclaimer. University of St. Francis , No.

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