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#127:  Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. Such was the case in Flatiron-Lane v.

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Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

Best Practices Construction Law

KBR) made material misrepresentations in its proposal, rendering the fully-performed contract void ab initio. The Corps moved to amend its answer to allege that KBR’s material misrepresentations induced the Corps to enter the contract, justifying the voiding of the contract. under Contract No. W912GB-13-C-0011.

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#95:  Are Miller Act Claims Arbitrable?

NH Construction Law

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. Industrial Lumber Co. , Enterprises, Inc. , 3d 35, 36 (1st Cir.

Claims 40
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Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Constructlaw

Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). FE&C’s amended complaint also included claims for violation of the Tennessee PPA.

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#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? It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 267 F.Supp.3d

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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. Federal Court dismisses subs claim against GC because of arbitration provision. Liquidation Agreement did not supercede agreement to arbitrate. A federal court in Missouri, in LaSalle Group v.

Claims 40
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What Is an Installation Floater?

Levelset

Despite your best efforts to protect building materials, any number of things can happen during the course of construction. But, different rules apply for materials destined for installation and stored either on or away from the building site. and ends when those materials are installed as intended.