article thumbnail

No Free Warranty: Connecticut Court Adopts Correction or Repair Test

Constructlaw

a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.

article thumbnail

Are Subcontract Payment Procedures Waiving the Pay-if-Paid Clause?

Construction Dive

By Bruce Jervis Two recent cases involving the waiver of subcontract “pay-if-paid” clauses illustrate the uncertainty of enforcing these provisions. In the majority of jurisdictions, however, these clauses -- if properly drafted -- are enforceable … unless they are waived.

professionals

Sign Up for our Newsletter

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

article thumbnail

The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.

article thumbnail

Authority of Arbitrator to Award Attorneys Fees when not mentioned in Contract

Construction Lawyer

Any claim arising out of or related to this Subcontract. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. .

article thumbnail

Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

She recalls her experience speaking with a fellow attorney who had to go through a 129-page subcontract that could have been cut down to ten pages. “It’s The shifting of risk and liabilities is a very common practice when drafting contracts. From my experience, the subcontract that comes over is the first offer.

article thumbnail

N.C. Construction Law, Policy and News blog: Worthy insights regardless of where you live

Construction Marketing Ideas

Buy out subcontracts thoughtfully. Having a track record for operating safe jobsites makes your company more attractive to the best owners, keeps your workers’ compensation mod rate in-check, and decreases the chances you’ll be spending time & money this year defending against claims. Safety first, every day.

article thumbnail

State by State Incentives Guide

Buisness Facilities Contributed Content

State Credits available against the Corporate Income Tax: Education Credit (AS 43.20.014): Taxpayers that contribute to vocational education programs or accredited Alaska universities or colleges for educational purposes or facilities may claim a tax credit for 50% of the first $100,000, 100% of the next $200,000, and 50% of further contributions.

Income 108