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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. In Costa v. Brait Builders Corp. ,

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NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy

Constructlaw

together, ASD or Owner) contracted Sweet Construction Corp. Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). The Subcontract contained two signature lines, one for “Sweet Construction Approval” and one for “Arenson Office Furnishings Approval.” Bank of America, N.A.

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Federal Contractor Alert - April 8, 2015 Deadline Ahead for Compliance with New Rules on Workplace Discrimination

Construction Dive

In a recent Client Alert, construction law firm Smith Currie & Hancock LLP reminds us of President Obama''s Executive Order (EO) protecting employees of federal contractors and subcontractors with contracts in excess of $10,000 against discrimination on the basis of sexual orientation and gender identity.

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Authority of Arbitrator to Award Attorneys Fees when not mentioned in Contract

Construction Lawyer

W2014-00802-COA-R3CV, 2015 WL 129024 (Tenn. Jan 9, 2015). The contract between the parties contained these dispute resolution provisions: § 6.2.1 Any claim arising out of or related to this Subcontract. arbitration contracts litigation' Inman Construction, No. shall be subject to arbitration.

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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., 3d 406 (2015), for example, held that liquidated damages could be recovered from a contractor who was terminated for convenience. without breach). 202, 113 A.3d

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Lawsuit over First LEED Platinum Building is Over

Green Building Law Update

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.

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“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

Construction and Infrastructure Law

Contractors generally pass these withholdings on to their subcontractors via a retention clause in the subcontract. 4th 151 (2015), the General Contractor, Coast Iron & Steel Co. Coast), entered into a direct contract with an owner and a subcontract with United Riggers & Erectors (United).