article thumbnail

#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.

article thumbnail

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. ” To sum up, property owners in Texas are required to withhold 10% of the contract price to cover any potential claims from subcontractors or suppliers on the project.

Texas 52
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Federal Construction Contracting Blog

The proposed rules implement new provisions of the National Defense Authorization Act (NDAA) Fiscal Year 2021 (FY 2021), which will permit a small business government contractor to use the past performance of a joint venture, of which it was a member, “provided that the small business worked on the joint venture’s contract or contracts.”

article thumbnail

#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Wrongful termination will not only be a breach of contract giving the principal a claim for damages against the obligee, but it will forfeit the protection of the bond. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability. million,” id.

article thumbnail

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

Pro Builder

Tue, 07/20/2021 - 07:00. In your contract, spell out exactly what your warranty will cover and for how long, and make sure to add that you have no obligation to honor warranty claims if you have not been paid in full. The Best Way for Trade Contractors to Stay Out of the Courtroom. Karalynn Cromeens. Yes, You Need One .

article thumbnail

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. Subcontractors: The current industry structure of subcontracted work isn’t conducive to technology. 9 (subcontracted work), the answer is a resounding, Absolutely. Why not home building? How can this be? .

Software 105
article thumbnail

Construction Jobsite Safety: Strategies and Resources for Worker Well-Being

Pro Builder

Selective Insurance recently released the results of a 10-year study of workplace injury trends , based on 110,000 workers’ compensation claims between 2011 and 2021. That’s a telling statistic for an industry that has been suffering from a labor shortage for more than a decade and struggles to attract younger workers to its ranks.

Safety 72