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#127:  Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. Weatherguard Roofing Co. Ward Construction Co.,

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#65:  Unjust Enrichment Recovery for Verbal Change Orders

NH Construction Law

of the A201 (2007) is typical: “A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect.” Section 7.2.1 ” Some contracts are even more limiting, expressly stating that if extra work is done without a signed change order, no additional compensation can be claimed.

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#75:  Recovery for Defective Work After Termination for Convenience

NH Construction Law

Many contracts specify that an owner may terminate a contractor, and many subcontracts specify that a contractor may terminate a subcontractor, either for cause (i.e., 2d 658 (2007) (“[w]here [defendant] elects to terminate for convenience., for breach) or for “convenience” (i.e., without breach). 3d 905, 839 N.Y.S.2d

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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. The AIA’s popular A201 General Conditions form had such a provision in its 2007 version; it was eliminated in the 2017 version in favor of a pre-negotiated termination fee.) Ambrose Development, LLC , No.

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

Construction Lawyer

April 2, 2012), dismissed an action by a subcontractor against the general because there was an agreement to arbitrate in the subcontract. The Subcontract incorporated the terms and conditions of the Prime Contract by reference. The subcontract incorporated the 2007 edition of the AIA general conditions A201.

Claims 40
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Non-signatory bound by agreement to arbitrate

Construction Lawyer

Arbitrators award attorneys fees, contract notwithstanding » December 28, 2007. 2007 WL 3046273 (S.D. 15, 2007), the court held that a non-signatory to a contract that contained an agreement to arbitrate could be bound by the arbitration requirement. December 28, 2007 in arbitration | Permalink. Hansen Beverage Co.,

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The Home Building Technology Revolution, Part III: The Missing Link

Pro Builder

My TrueNorth colleagues and I began running our intense, “ Lean Building Blitz” and “Lean Plan Workout” sessions in 2007 and continue to do so to this day. Subcontractors: The current industry structure of subcontracted work isn’t conducive to technology. 9 (subcontracted work), the answer is a resounding, Absolutely.

Software 105