Remove Agreement Remove Change Orders Remove Claims Remove Subcontracting
article thumbnail

#65:  Unjust Enrichment Recovery for Verbal Change Orders

NH Construction Law

Given the importance of nailing down any changes to an original scope of work along with their price and schedule effects, many construction contracts require change orders to be in writing, and even define change orders as written instruments. Section 7.2.1 Should he suspend work, and risk being in breach?

article thumbnail

The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

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. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

professionals

Sign Up for our Newsletter

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

article thumbnail

Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

Best practices for handling change orders. For this reason, construction professionals must find better ways to craft and negotiate agreements. She recalls her experience speaking with a fellow attorney who had to go through a 129-page subcontract that could have been cut down to ten pages.

article thumbnail

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

Pro Builder

Once we decide what actions to take, if there is a price increase, I will prepare a written change order explaining the additional work and the increased cost, I will not start on the extra work until I have a signed change order approving the work.". Payment Terms. Yes, You Need One . Trade Contractors.

article thumbnail

Job Order Contract Execution Guide – Sample Template

Job Order Contracting

The JO is issued and approved upon agreement between the ORGANIZATION NAME Representative and the Contractor on the scope of work, performance time, and the price for that work. The individual JO becomes in effect, a fixed price lump sum Contract when the Purchase Order for the JO is issued. of Change Order is required.

Contract 100
article thumbnail

#66:  Labor Inefficiency Costs: Who Pays? How Much?

NH Construction Law

Sometimes this unanticipated time/space compression is the owner’s fault, in which case the general contractor/construction manager and its subcontractors will likely be entitled to increased compensation by change order or otherwise -- and to a mechanic’s lien if that increase is not paid. See Town of Bedford v.

Lien 40
article thumbnail

Litigation Topics for Prime / Subcontractor Contracts

Construction Law Monitor

A good subcontractor will have his attorney review any agreement to make sure that the deal is an even one. Commonly litigated subcontract provisions. Commonly litigated subcontract provisions. Change Order and Extra Work Provisions. Typically subcontractors are at the mercy of the prime. Notice Provisions.