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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? For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. United States ex rel. 27, 29 (1959).

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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability.

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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

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

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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. ” It is the basis of your contract.

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#95:  Are Miller Act Claims Arbitrable?

NH Construction Law

in the United States District Court for any district in which the contract was to be performed and executed.” Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. What if the parties’ contract calls for arbitration?

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#114:  No Damages for Delay -- Maybe, Maybe Not

NH Construction Law

Contracting parties contemplate the possibility of delays, and often include contract language to address them – sometimes with clauses precluding a contractor from any monetary compensation for delays, even owner-caused delays. Several states even have statutes disallowing such clauses in the public contract setting.