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

Best Practices Construction Law

In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., The proposed amendment introduces an affirmative defense, contending that Kellogg Brown & Root Services, Inc. under Contract No.

Defense 62
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Is the Best Defense Always a Good Offense?

Construction Dive

It’s an old sports cliché: the best defense is a good offense. The engineering services agreement said that in the event of a dispute, the losing party would pay the winning party’s attorney fees. The project owner, unhappy with the design prepared by the engineer, refused to pay the fee.

Defense 48
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Characteristics of Strategic Collaboration and Efficient Construction Project Delivery

Job Order Contracting

Journal of Management in Engineering, 10(6), 26-29. Affairs and Dispute Resolution in Engineering and Construction, 3(1), 17-27. ICE-Municipal Engineer, 160(1), 37-44. Journal of Construction Engineering and Management, 133(3), 225-234. Army Corps of Engineers. Proceedings of the ICE-Civil Engineering (Vol.

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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. Westar Engineering , 290 F.3d 2d 404 (1990), construing Florida law, held that general contractor’s “pay-if-paid” defense was not available to a surety. United States ex rel. 33, 614 S.E.2d

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LEAN OpenJOC(TM) Job Order Contracting for Sustainable Facilities Repair, Renovation, and Minor New Construction

Job Order Contracting

Master Contracts/Master Agreements – Optional-use contracts whose purpose is to facilitate obtaining supplies and services from multiple contractors by placing competitive work orders. General Services Administration (GSA), Department of Defense (DOD), and National 19 Aeronautics and Space Administration (NASA). REFERENCES.

Contract 100
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constructionattorneyblog: Sole Proximate Cause Defense Reaffirmed

Construction Lawyer

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

Defense 40
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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

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 a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment.