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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. 5th 658 (2021), went the other way.

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Texas ‘Retainage’ vs. ‘Reserved Funds’: What’s the Difference & Why it Matters

Levelset

In 2021, Texas enacted some sweeping changes to the mechanics lien process effective on projects where the original contract was entered into on or after January 1, 2022. Generally, retainage is a certain percentage of a contract amount withheld that is payable upon satisfactory completion of the project.

Texas 52
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Please Pass the Past Performance Rating: SBA’s Proposed New Rules to Help Small Businesses Become More Competitive

Federal Construction Contracting Blog

The SBA is proposing two new methods for small businesses to obtain the often elusive qualifying past performance commonly required when competing for federal contracts. Under the proposed rule, a contracting officer shall consider the past performance of the joint venture when evaluating the small business’ past performance.

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The Best Way for Trade Contractors to Stay Out of the Courtroom

Pro Builder

Tue, 07/20/2021 - 07:00. You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. And the best way to do that is with a contract. . A contract doesn’t have to be long and confusing to be effective, practically or legally. Escalation Clauses in Your Contracts: Yay or Nay?

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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. ” Id. million,” id. But I think the answer to the question is yes. Punch list completion and warranty obligations will not be bonded!

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

Pro Builder

Thu, 03/11/2021 - 06:00. Let’s compare this record to another industry claiming a revolution-in-progress. currently in Milwaukee, the numbers just don’t make sense: Our contract homes are financed by the customers, so interest saving is no help. 9 (subcontracted work), the answer is a resounding, Absolutely.

Software 105
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#103:  Contracting Online

NH Construction Law

​The time-honored method for parties to signify their agreement to a contract – a signature on a piece of paper – has had to adapt to the digital age, and the law has adapted with it. 557 (2021), the Court declined to enforce an arbitration clause in Uber’s online terms and conditions. In Kauders v.