Fieldwire

AUGUST 14, 2023

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.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Job Order Contracting

JULY 28, 2021

California Contractor Tests the Bounds of Job Order Contracting. Among other things, Torres argued: The JOC contract, because it required that job order proposals be submitted after-the-fact, was not an enforceable contract but merely an agreement to negotiate. JOC Contract: Enforceable Contract or Mere Agreement to Negotiate.

Contract 130

Contract Negotiation Los Angeles Estimating 130

Construction Law Monitor

AUGUST 24, 2012

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.

California 54

California Subcontracting Contract Legal 54

Construction Law Monitor

AUGUST 9, 2011

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Further reading: California Pay-if-paid Wm.

Agreement 57

Agreement Contract Insurance Construction 57

Pro Builder

MAY 27, 2022

Here’s an example: A California sales executive who jumped ship for a competing employer took along a folder of customer lists and marketing plans. Businesses looking to negotiate this rocky terrain have a valuable tool at their command: restrictive covenants. Confidentiality agreements. What Is a Restrictive Covenant?

Employment 98

Employment Agreement New York City Resource 98

Green Building Law Update

JULY 27, 2014

A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. With a performance bond in place, the City and the surety announced in early March that they has negotiated a takeover agreement that will allow a new contractor to complete construction.

Documentation 120

Documentation Certification Contract California 120

Best Practices Construction Law

JUNE 12, 2015

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Other jurisdictions, such as California, New York and Nevada , have expressly ruled that the “pay as paid” clauses are unenforceable as a violation of state public policy.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48