Remove Agreement Remove Claims Remove Maine Remove Subcontracting
article thumbnail

#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? Such was the situation in Maine Bonding & Casualty Company v. Several precedents can be found on both sides of the argument.

article thumbnail

Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. « Louisiana does not give res judicata effect to an unconfirmed arbitration award | Main. | Federal Court dismisses subs claim against GC because of arbitration provision.

Claims 40
professionals

Sign Up for our Newsletter

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

article thumbnail

#67:  Paying Your Subcontractor's Employees

NH Construction Law

Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. How does a GC protect itself? § 5.5(a)(6).)

article thumbnail

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

NH Construction Law

The main purpose of such clauses is to shift the risk of owner nonpayment, whether due to owner insolvency or owner breach, from the contractor to the subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so.

article thumbnail

Non-signatory bound by agreement to arbitrate

Construction Lawyer

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. « Florida Supreme Court follows Texas Lamar Homes | Main. Non-signatory bound by agreement to arbitrate. Normally, only a party to an agreement to arbitrate is bound by the arbitration provision.

article thumbnail

Construction Contract's arbitration provision is separable, based on

Construction Lawyer

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. « Florida court holds that statute of limitations does not apply to certain arbitrations | Main. Construction Contracts arbitration provision is separable, based on Rent-A-Center. . Section

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. PLEASE NOTE: In occasions where the contractor is asked to provide materials, equipment, and/or subcontract pricing for work by direct bidding that may, or.

Contract 100