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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. United States ex rel. Walton Technology v. 3d 1199, 1206 (9th Cir.

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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. For liability to be fixed, some injury must have occurred. million; and.

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Seventh Circuit examines "pay-if-paid" provision

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. Sabo & Zahn LLC is an Illinois Limited Liability Company. The court also extensively analyzed the issue of whether the subcontractor had a claim against the surety regardless of whether the principal is liabile for payment under the subcontract. Copyright Notice.

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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. Sabo & Zahn LLC is an Illinois Limited Liability Company. April 2, 2012), dismissed an action by a subcontractor against the general because there was an agreement to arbitrate in the subcontract. Unlimited liability for designers and contractors. Copyright Notice.

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Construction Contract's arbitration provision is separable, based on

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. Sabo & Zahn LLC is an Illinois Limited Liability Company. 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 Copyright Notice.

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. Sabo & Zahn LLC is an Illinois Limited Liability Company. « Liability for green design | Main. The owner had hired a general contractor who, in turn, had subcontracted some of the work. Unlimited liability for designers and contractors. Copyright Notice.

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Non-signatory bound by agreement to arbitrate

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. Sabo & Zahn LLC is an Illinois Limited Liability Company. When Hansen terminated the subcontract, the distribution right was affected and SIB sued Hansen. Unlimited liability for designers and contractors. Copyright Notice. Disclaimer. The court disagreed. Categories.