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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? Thus the liability of the company as surety is coextensive with that of the principal.” United States ex rel. 27, 29 (1959).

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#95:  Are Miller Act Claims Arbitrable?

NH Construction Law

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. 106-277 at *5 (1999), tells us: “This bill does not void subcontract provisions requiring arbitration or other alternative methods of resolving disputes. Industrial Lumber Co. ,

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Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Constructlaw

Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). FE&C’s amended complaint also included claims for violation of the Tennessee PPA.

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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Wrongful termination will not only be a breach of contract giving the principal a claim for damages against the obligee, but it will forfeit the protection of the bond. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability. 4th 12 (1st Cir.

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#134:  30-Day Accountings for Subcontractor/Supplier Mechanic’s Liens

NH Construction Law

” The notices triggering this accounting requirement can be given to the owner before the first labor or materials get furnished ( RSA 447:5 and RSA 447:7 ) or after ( RSA 447:6 ) – but in either event, written monthly updates of the amount owed are required. .” Bostwick , 69 N.H.

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Activities and liabilities of Quantity Surveyor and Quality Manager

Construction Cost Estimating

Quantity Surveyor: The prime intention of the quantity surveyor is to measure the amount of materials required for building work as well as estimate the cost of the materials.

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What Is an Installation Floater?

Levelset

Despite your best efforts to protect building materials, any number of things can happen during the course of construction. ” You may already have an insurance policy that offers coverage for business property and general liability. and ends when those materials are installed as intended. But, therein lies the rub. .