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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? What about payment bonds on private construction projects? Pace Construction Corp. , United States ex rel. Dole Co. ,

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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability. Wrongful termination will not only be a breach of contract giving the principal a claim for damages against the obligee, but it will forfeit the protection of the bond. In Arch Insurance Co.

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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. Under FE&C’s theory, it was entitled to recover interest under a subcontract provision that generally incorporated all “terms and conditions … required by law.”

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

Autodesk Construction Cloud

We discuss: The current state of construction contracts. Construction technology and the future of contracting and payments. Understand the state of contracts and payment terms in construction. The current state of contracts and payment terms in construction leaves a lot to be desired, says Karalynn.

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Construction Contracts – What is My Scope of Work?

Construction Law Monitor

The importance of your construction contract cannot be understated. Surprisingly, people on all ends of the contracting process don’t always understand the importance of the words chosen in their agreement. The scope of work section of a construction contract varies greatly. The short answer: liability.

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#95:  Are Miller Act Claims Arbitrable?

NH Construction Law

The Miller Act, the federal statute providing for payment bonds on federal construction projects to protect unpaid subcontractors and suppliers, provides that suits on the payment bond “must be brought. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. 873 F.Supp.2d

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Lawsuit over First LEED Platinum Building is Over

Green Building Law Update

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.