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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. 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. Copyright Notice. Disclaimer.

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Construction Contract's arbitration provision is separable, based on

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. 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 Mr. Goodman has also worked on appeals and appeared before appellate courts.

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Seventh Circuit examines "pay-if-paid" provision

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved.   BMD argues that the conditional language in its subcontract with Industrial Power was only a pay-when-paid clause and that Industrial Power remained liable even though it did not receive full payment from Walbridge. July 20, 2012 in insurance , litigation | Permalink.

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. The owner had hired a general contractor who, in turn, had subcontracted some of the work. He has been counsel to both plaintiffs and defendants, and has practiced before both juries and judges in both state and federal courts, as well as arbitrators and administrative tribunals.

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Non-signatory bound by agreement to arbitrate

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. In this case, SIB claimed benefits under a contract between Hansen and a third party. When Hansen terminated the subcontract, the distribution right was affected and SIB sued Hansen. Mr. Goodman has also worked on appeals and appeared before appellate courts. Disclaimer.

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State by State Incentives Guide

Buisness Facilities Contributed Content

The exceptions are for financial institutions, financial institution groups, and insurance companies that have a maximum business privilege tax of $3,000,000. This credit can also be claimed against the insurance premium tax, the oil and gas production and property taxes, the fisheries business and landing taxes, and the mining license tax.

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