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

Best Practices Construction Law

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. In Universal Concrete Products Corp.

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Subcontractor Default Insurance: Pros & Cons for General Contractors

Levelset

While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC. SDI helps general contractors cover the expenses that are incurred when a subcontractor fails to perform according to the terms of their agreement. million – $750,000). .

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#65:  Unjust Enrichment Recovery for Verbal Change Orders

NH Construction Law

.” Some contracts are even more limiting, expressly stating that if extra work is done without a signed change order, no additional compensation can be claimed. Should he suspend work, and risk being in breach? 659, 670 (2013), but not if the parties’ contract addresses the subject matter of the claim. 33, 37 (1996).

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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. In other words, you use the stuff we post here at your own risk. Federal Court dismisses subs claim against GC because of arbitration provision. A federal court in Missouri, in LaSalle Group v.

Claims 40
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What Is an Installation Floater?

Levelset

The floater can stand alone or be a limited part of a builder’s risk business policy. Subcontractors face risk from a variety of angles , and some of those exposures can be addressed through a GC’s policy. Learn more – Builder’s Risk vs. General Liability for Contractors: What’s the Difference?

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Additional Insured Status: Playing the Speak-Out Game on a Construction Project

Best Practices Construction Law

Proper insurance coverage is an important risk management tool for contractors, subcontractors, project owners/developers and design professionals. The subcontract agreement required the subcontractor to indemnify and hold harmless the contractor against claims of bodily injury resulting from the subcontractor’s work.