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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability.

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#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. ” Summary judgment was entered for the painting subcontractor on liability, leaving for another day the issue of damages. Ambrose Development, LLC , No. 218-2020-CV-0585 (Rockingham County, February 26, 2021).

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Seventh Circuit examines "pay-if-paid" provision

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

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

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Claims 40
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Construction Contract's arbitration provision is separable, based on

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

Lien 40
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Non-signatory bound by agreement to arbitrate

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.