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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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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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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. Liquidation Agreement did not supercede agreement to arbitrate. Mr. Goodman has also worked on appeals and appeared before appellate courts.

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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.  It also argued that the arbitration agreement was unconscionable.  It also argued that the arbitration agreement was unconscionable.

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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

The Board of Contract Appeals granted the motion, finding that the claim had accrued either on September 12, 2003 when KCPC ended its work or, alternatively, on January 24, 2005 when KBR and KCPC agreed to cooperate and present the cost to the Army. million; and. million; and.

Claims 63
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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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