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#127:  Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. Turner Construction Co. , 560 F.Supp.

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Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Construction Lawyer

Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation. The prime agreement between Weisel and Ryan consisted of an AIA Document A111 (presumably a 1997 version) and an AIA Document A201 (also presumably the 1997 version). Nor does the subcontract contain anything like Paragraph 24.3.3 Dist, Sept.

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#84:  Owners' Third Party Beneficiary Rights Against Subcontractors

NH Construction Law

If we look no further than this language, the first of these two methods of establishing third party beneficiary status appears to be a perfect fit in the usual owner-contractor-subcontractor relationship: through his subcontract, the subcontractor (promisor) is rendering a performance that the general contractor (promisee) owes to the owner.

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2023 Design Trends Highlight Post-Pandemic Shifts and Affordability Struggles

Pro Builder

HOME DESIGN SHIFTS IN 2023 “Home buyers are looking more and more to their homes to provide a sense of well-being,” observed Donald Ruthroff, AIA, founding principal at Design Story Spaces LLC. They want their homes to support their day-to-day health—physically, emotionally, and mentally.”

NAHB 52
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#75:  Recovery for Defective Work After Termination for Convenience

NH Construction Law

Many contracts specify that an owner may terminate a contractor, and many subcontracts specify that a contractor may terminate a subcontractor, either for cause (i.e., of the popular AIA form A201 General Conditions is an example -- termination for convenience is far more likely to preclude recovery for uncured defects.

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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. million,” id. and for final payment (see § 9.10.2). Why would that consent be necessary if the surety is exonerated by substantial completion ?

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Is the Withholding of Liquidated Damages a ‘Claim’?

Construction Dive

The Tennessee Court of Appeals ruled that an owner’s withholding of liquidated damages was a “claim” within the meaning of the AIA general conditions. A recent ruling by a Tennessee court should give project owners heartburn. Failure to do so waived the owner’s right to $237,000 in liquidated damages.

Claims 48