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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? For public works contracts where payment bonds are required by statute ( RSA 447:16 et seq. ” Paisner v. Renaud , 102 N.H.

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Job Order Contract Execution Guide – Sample Template

Job Order Contracting

A Job Order Contract Execution Guide is a required element for any successful, best management practice JOC Program. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE. The contract may consist of a collection of proposed institutional facilities type projects. The JOC will remain in effect for one year from date of contract award.

Contract 100
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Texas ‘Retainage’ vs. ‘Reserved Funds’: What’s the Difference & Why it Matters

Levelset

In 2021, Texas enacted some sweeping changes to the mechanics lien process effective on projects where the original contract was entered into on or after January 1, 2022. The main changes came in the form of simplified notice procedures and lien filing deadlines. Making a claim against unpaid retainage/reserved funds.

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#84:  Owners' Third Party Beneficiary Rights Against Subcontractors

NH Construction Law

In contract law there is a well-recognized exception to the rule requiring “privity of contract” as a prerequisite to recovery for breach. They will merely be incidental beneficiaries, with no contract right of recovery against the subcontractors. ” Brooks v. . ” Brooks v. ” Id.

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

NH Construction Law

The main purpose of such clauses is to shift the risk of owner nonpayment, whether due to owner insolvency or owner breach, from the contractor to the subcontractors. “Conditions in contracts are construed in accordance with their ordinary meaning.” JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d at 1200.

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

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. « Louisiana does not give res judicata effect to an unconfirmed arbitration award | Main. | A federal court in Missouri, in LaSalle Group v.

Claims 40
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#67:  Paying Your Subcontractor's Employees

NH Construction Law

Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. How does a GC protect itself? § 5.5(a)(6).)