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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. In L & B Construction Co, v.

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Subcontract Formation Frequently Not Pretty

Construction Dive

By Bruce Jervis Subcontract formation is a problematic aspect of construction contracting. Prime contractors usually have “standard” subcontract forms, terms and conditions to which a subcontractor may object. It is frequently difficult to determine whether a subcontract has been created, and if so, on what terms?

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#105:  Nonmutual Arbitration Agreements

NH Construction Law

Many construction contracts and subcontracts provide for arbitration of disputes. 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). Harbor Construction Co.

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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. , Dole Co. , ” Paisner v.

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ConsensusDocs Releases a New Agreement for Design Professionals Amid 15 Percent Increase in Use in 2012

Construction Business Owner

January 22, 2013) – ConsensusDocs is releasin its first standard agreement for a lead architect or engineer to subcontract certain design work to other design professionals and consultants. The agreement makes it easier for architects, engineers to contract with other consultants providing a portion of design services work.

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KBR Will Pay $13.7M to Settle DOD Contract Breach Whistleblower Suit

ENR Construction

agreement resolves claims of subcontracting kickbacks and bid rigging related to firm's past LOGCAP military operations support contract in Iraq Justice Dept.

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

Best Practices Construction Law

Background: The contract in question, executed on July 9, 2013, was for the construction of an Aegis Ashore Missile Defense System site in Deveselu, Romania, with a firm, fixed-price amount of $134,211,592. The alleged misrepresentations include issues related to subcontractor quotes, firm fixed prices, subcontracting plans, and more.

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