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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

Can its decision to give up money in a settlement agreement rather than litigate the owner’s claimed justification for nonpayment effectively bargain away the subcontractors’ right to payment under a pay-if-paid provision? Quinn Construction, Inc. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D. 773, 781 (1988).

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Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

Best Practices Construction Law

In other words, you are negotiating about who takes the risk on a particular issue. The United States Court of Appeals for the Federal Circuit Contract recently addressed this issue in a government contract dispute where the parties’ agreement required the contractor to pay for fuel at the prevailing rate. In DG21, LLC v.

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Project Labor Agreements (PLAs): What Contractors Need to Know

Levelset

In early February 2022, President Biden signed an executive order requiring project labor agreements (PLAs) on all federal projects over $35 million. What is a project labor agreement? A project labor agreement, or PLA, is a prehire collective bargaining agreement that sets the wages and benefits for all workers on a project.