article thumbnail

#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? It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 267 F.Supp.3d

article thumbnail

Not Everything Is Bigger in Texas: Court of Appeals Reverses Trial Court’s Expansive Interpretation of Indemnity Clause

Constructlaw

In 2014, a piece of equipment, known as a sand separator, exploded at an oil well in Loving County, TX, killing two individuals and injuring three others. RKI contracted with Ameriflow Energy Services LLC and Crescent Services LLC through two master service agreements (MSAs) and a series of work orders.

Texas 52
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

What Is an Installation Floater?

Levelset

This broader category of commercial insurance is designed to cover things like building materials, tools, or equipment, regardless of where these items travel. . Physical business assets such as tools and equipment are not protected under the GC’s policy. Installation floaters fall under the umbrella of inland marine insurance.

article thumbnail

Authority of Arbitrator to Award Attorneys Fees when not mentioned in Contract

Construction Lawyer

A dispute arose between a contractor and its subcontractor concerning the installation of temporary fire protection equipment. Any claim arising out of or related to this Subcontract. The dispute escalated and the subcontractor filed a complaint in court. shall be subject to arbitration. .

article thumbnail

Job Order Contract Execution Guide – Sample Template

Job Order Contracting

project task/line item, a full description in plain English, a unit of measure and a corresponding unit price, including labor, material, and equipment details, and an associated approved contractor coefficient are to be the basis for Contractor compensation. Personal Protective Equipment. The JO will be, in part, the. Job Conditions.

Contract 100
article thumbnail

Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Liquidation Agreement did not supercede agreement to arbitrate. April 2, 2012), dismissed an action by a subcontractor against the general because there was an agreement to arbitrate in the subcontract.

Claims 40
article thumbnail

Top OSHA Violations in Construction (2021)

Levelset

It also requires contractors to provide appropriate personal protective equipment (PPE) to all employees. These include identifying underground utilities before digging (everyone should know 811, the national before-you-dig phone number ), warning systems for heavy equipment, ventilation requirements, and more. OSHA standard 1926.20

OSHA 52