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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.

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

Autodesk Construction Cloud

For this reason, construction professionals must find better ways to craft and negotiate agreements. 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. This starts with using contracts that people can easily comprehend.

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

NH Construction Law

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

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

Construction Lawyer

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >. Sabo & Zahn LLC is an Illinois Limited Liability Company.

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The Best Way for Trade Contractors to Stay Out of the Courtroom

Pro Builder

You can avoid legal trouble by managing client expectations with a simple yet comprehensive contract. A contract doesn’t have to be long and confusing to be effective, practically or legally. From project scope to warranty details, here are the basics of a simple but effective (and legal) contract for specialty trade work. .

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Job Order Contract Execution Guide – Sample Template

Job Order Contracting

The following template is provide for sample purposes only and should not be used a legally bidding document without through review and modification by appropriate Owner legal counsel. These negotiations must precede the JO award/approval and are not allowed on a Change Order basis. JOB ORDER CONTRACT (JOC) EXECUTION GUIDE.

Contract 100
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Job Order Contract Program Implementation

Job Order Contracting

Other authorities in the organization must participate in its development to ensure that all objectives and interests are met (examples: legal, quality assurance, small business, building users, planners). Technical, purchasing, and legal personnel attend the conference. Negotiations and Source Selection. Competitive Range.

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