article thumbnail

#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. This clause was in the parties’ agreement: TERMINATION FOR CONVENIENCE: The General Contractor may terminate the Contract for convenience upon three (3) days prior written notice. Ambrose Development, LLC , No.

article thumbnail

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

NH Construction Law

They can arise from contractor fault, owner fault, or to events beyond either party’s control – or any combination of these. 2d 781 (1954) (“The provision of the subcontract giving defendant the right to direct the sequence or general progress of work does not release it from liability for delay. Brown Company, Inc.

professionals

Sign Up for our Newsletter

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

article thumbnail

#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

When that is the case, can a general contractor with a pay-if-paid provision in its subcontracts hide behind that provision when the reason for owner nonpayment is the general contractor’s own default? JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so.

article thumbnail

Marketing In The Construction Industry – Everything You Need To Know

Help Everybody Everyday

They have a contractual agreement with the owner, but no contract authority over the trade or specialty contractors. But if that owner is building a new office complex, they’ll enter into an agreement with a general contractor who will then subcontract pieces of the work to trade or specialty contractors. Public relations.

article thumbnail

Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Best Practices Construction Law

The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. Tully Construction Co. , 3d 930 (May 18, 2016), the New York Supreme Court, Appellate Division, reversed a trial court’s award of delay damages in favor of a subcontractor on a public contract.

Claims 82
article thumbnail

Subcontractor Default Insurance: Pros & Cons for General Contractors

Levelset

SDI helps general contractors cover the expenses that are incurred when a subcontractor fails to perform according to the terms of their agreement. LA Plumbing is providing plumbing work on the project, and their subcontract is worth $2 million. SDI is offered as an alternative to performance bonds.

article thumbnail

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Best Practices Construction Law

The Federal Acquisition Regulation (FAR) defines “accrual” as: the date when all events, that fix the alleged liability of either the Government or the contractor and permit assertion of the claim, were known or should have been known. million; and. million; and. For liability to be fixed, some injury must have occurred.

Claims 63