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Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Construction Lawyer

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. That party was Ryan Associates, since it was Ryan Associates — not Welch — that drafted Paragraph 24.3.3. An unpublished California opinion, Paul Ryan Associates v. Welch Marble & Tile, Inc.

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#130:  Secured Lenders' Rights to Construction Contract Payments

NH Construction Law

Worse, a lawsuit against the general contractor or subcontractor for breach of contract after abandonment of the project will almost certainly be futile; the default on its loan usually signals that it won’t be able to pay a judgment and is probably headed for bankruptcy.

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How to Protect Your Business When Employees Get Poached

Pro Builder

Some employers draft restrictive covenants knowing they will not be enforceable, but will still scare people into behaving as they desired,” warns Mathis. A decline in business from certain clients, or their bankruptcy. Employers with deep pockets can cause a lot of trouble.”.

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Hey Siri, Why Did You Settle That Case Without Me Signing?

Best Practices Construction Law

Lehman then sent the defendant the draft of a written settlement agreement. The mediator sent Lehman and the defendant an email confirming that they had accepted his proposal and agreed on the amount of a payment in settlement of Lehman’s claim against that defendant.

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Architect's Consent to Assigment

Construction Lawyer

Seldom is the architect presented with a draft of the bank’s proposed language prior to the architect executing its agreement with the owner. What if the borrower defaulted because it ran out of money and was left with no other choice but to file for bankruptcy protection? The short answer is that the architect will not get paid.

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Can We Make Home Building a Little Less ‘Interesting?’

Pro Builder

Sometimes it’s just vague specifications by your local drafting department, other times it’s the lumber/truss/panel operations that push it to the high side, and yes, often it is the engineers who are not taking the time to do fresh calculations on each home. That doesn’t make it right, and that doesn’t make you money.

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3 Avoidable Headaches for Construction Project Managers [Webinar]

Autodesk Construction Cloud

The modernized process that the industry is adopting is to use automated software like Pype AutoSpecs for initial submittal log drafting to save time, standardize processes, and mitigate risk. making sure everyone is on the same page—literally and figuratively—can be the difference between a payday and bankruptcy for a GC. .