NH Construction Law
DECEMBER 19, 2020
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).
NH Construction Law
APRIL 26, 2022
A few years back I blogged ( #84 ) that owners generally lack “third party beneficiary” rights required in order to enforce subcontracts. 2d 608 (2005); Yanni v. Still other courts allow homeowners to bring negligence claims against subcontractors regardless of recourse against the builder-vendor. See Moglia v.
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Best Practices Construction Law
MAY 27, 2016
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.
Construction Lawyer
APRIL 3, 2012
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.
Construction Lawyer
MAY 2, 2012
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.
Construction Lawyer
JULY 20, 2012
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. Copyright Notice. Disclaimer.
Construction Lawyer
MAY 21, 2009
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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