article thumbnail

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

NH Construction Law

Can its decision to give up money in a settlement agreement rather than litigate the owner’s claimed justification for nonpayment effectively bargain away the subcontractors’ right to payment under a pay-if-paid provision? Quinn Construction, Inc. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D.

article thumbnail

Updated Phase l Environmental Site Assessment is Published But.

Green Building Law Update

Major Holdings, LLC , held a party could not assert a CERCLA defense because its Phase l report did not comply with the EPA rule. Just weeks ago the federal appeals court in Von Duprin LLC v.

Site 156
professionals

Sign Up for our Newsletter

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

article thumbnail

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

Best Practices Construction Law

The contractor could have bargained for protection from price increases by including a price escalation clause in its proposal…but it did not. The solicitation also provided historical fuel prices and usage rates for contractors to use in crafting their bids. The Back-and-Forth.

Risk 69
article thumbnail

Project Labor Agreements (PLAs): What Contractors Need to Know

Levelset

A project labor agreement, or PLA, is a prehire collective bargaining agreement that sets the wages and benefits for all workers on a project. This could affect $262 billion in federal government construction contracting as well as nearly 200,000 workers on federal construction contracts. What is a project labor agreement?

article thumbnail

Oh No! My Car Has a Hanging Chad

Constructor Marketing that Works

I queried, sensing bargains-a-plenty. He had quiet but stern words with my comrade, whose body language seemed defensive. Apparently, the life-ruling computer was changing the rules. “We We don’t have any more of that 5-drawer tool chest, even though the computer says I have two.” The computer lied. Can I get the floor model?”

Deals 40
article thumbnail

Industry Focus: Aerospace Sector Is Flying High Again

Buisness Facilities Contributed Content

A fter several years of job losses, aerospace and defense sector employment is expected to grow in 2016 by more than 39,000 jobs in the U.S., Aerospace & Defense Labor Market Study. percent, of which about 185,000 jobs were lost in the defense subsector. Aerospace and defense sector companies paid $7.7

article thumbnail

constructionattorneyblog: California: No contractual jury waiver

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. These types of waivers are usually seen in contracts where there is a disparity in bargaining positions. Often, these are take-it-or-leave-it propositions.