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How to File a Lawsuit After an Injury At a Construction Site?

Construction Marketing

You may wonder if you have legal recourse if you have been injured while working at a construction site. Help with negotiations This can be difficult, as insurance companies are often reluctant to pay large settlements. Not getting a written fee agreement from the lawyer you hire.

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7 Things Contractors Need to Know About Retainage

Fieldwire

Retainage is up for negotiation Retainage is not set in stone. It is governed by the contract, which means it’s part of the agreement between two parties. Every contract is negotiable, including what percentage is retained and for how long. It’s up to the contracting parties to agree on the terms that work for both of them.

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#122:  Construction Loan Disbursement Pitfalls

NH Construction Law

If the Seymour case shuts out a claim against the bank, do owner/borrowers have a legal claim against the inspector, with whom they have no contract? All such contractual solutions depend on the leverage possessed by and the negotiation savvy of the parties to these arrangements. That puts the owner/borrower in a pickle. Very round.

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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

The purpose of the blog post is not to argue whether or not arbitration works as well or better than litigation. Legal scholars can have at it. LEED Certification Agreement has a mandatory arbitration provision. And there is no question that a properly drafted provision in a contract requiring arbitration is enforceable.

Green 120
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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. ” In re Estate of Kelly , 130 N.H. 773, 781 (1988).

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PSMJ Resources Blog: Good Project Management is Good Risk.

PSMJ Resources

• Clearly written agreements are essential. Agreements that are legal, effective, and achievable are even better. Issue timely change orders (even if there is no cost) to support an iterative and incremental approach based on customer collaboration rather than contract negotiation. Mel Lesters E-Quip Blog.

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California Legislature Further Helping Subcontractors

Construction Law Monitor

I recently found a good article on JDSupra.com , always a great source for solid legal content, regarding California Senate Bill 474. This new Bill, allows for subs to enter into subcontract agreements with general contractors and then after-the-fact afford the sub protections because the general contractor had a well written contract.