Remove Agreement Remove Information Remove Negotiation Remove Subcontracting
article thumbnail

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. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

article thumbnail

#88   Battle of the Forms: When Is There an Enforceable Contract?

NH Construction Law

When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.

professionals

Sign Up for our Newsletter

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

article thumbnail

The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses

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. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

article thumbnail

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

Construction Lawyer

The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. 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. million.

Claims 40
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. Negotiated.

article thumbnail

Job Order Contract Execution Guide – Sample Template

Job Order Contracting

The ORGANIZATION NAME Procurement Authority will authorize a Job Order (JO) for performance of work, or request additional information/changes. The JO is issued and approved upon agreement between the ORGANIZATION NAME Representative and the Contractor on the scope of work, performance time, and the price for that work. to 5:00 P.M.

Contract 100
article thumbnail

Winning More Construction Bids: A Complete Guide

Autodesk Construction Cloud

Even More Great Information on Bidding Technology. As a bidder, the information revealed by the owner or general contractor in the invitation stage allows you to accurately assess the job and come up with a bid. Subcontracting. This process is known as subcontracting. Contract negotiation and formation.

Bidding 52