Federal Construction Contracting Blog
DECEMBER 9, 2022
Notable about this case is the contractor’s invocation of a July 2, 2020 Department of Defense (DoD) memorandum concerning the financial consequences on contractors with firm-fixed-price contracts lacking an economic price adjustment clause during “historic and unprecedented challenges” in the wake of the pandemic’s onset.
NH Construction Law
MAY 20, 2023
A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d
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Federal Construction Contracting Blog
JUNE 24, 2022
the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. The parties ultimately reached a settlement agreement regarding these claims. While these appeals were pending but before the execution of the settlement agreement, T.H.R.
Job Order Contracting
JULY 28, 2021
California Contractor Tests the Bounds of Job Order Contracting. When entering into a JOC contract, a JOC contractor agrees to perform work at prices set forth in a Construction Task Catalog also known as a unit price book which includes current local labor, material and equipment costs. Torres Construction Corp.,
Construction and Infrastructure Law
JANUARY 9, 2020
Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project. See e.g. Tex.
Best Practices Construction Law
NOVEMBER 21, 2019
Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed. 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.
Job Order Contracting
AUGUST 21, 2018
It provides a capacity for on-demand construction via an on-call contractor that can be mobilized, working in a much shorter period, and far more efficiently than traditional project delivery methods. Awarded JOC contractors also provide all requisite preconstruction services. Focus upon building Owner/Contractor capability.
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