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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? Such was the situation in Maine Bonding & Casualty Company v. Some courts have ruled against the surety on this basis.

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

Levelset

The main changes came in the form of simplified notice procedures and lien filing deadlines. ” To sum up, property owners in Texas are required to withhold 10% of the contract price to cover any potential claims from subcontractors or suppliers on the project. .” Making a claim against unpaid retainage/reserved funds.

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#84:  Owners' Third Party Beneficiary Rights Against Subcontractors

NH Construction Law

If we look no further than this language, the first of these two methods of establishing third party beneficiary status appears to be a perfect fit in the usual owner-contractor-subcontractor relationship: through his subcontract, the subcontractor (promisor) is rendering a performance that the general contractor (promisee) owes to the owner.

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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).)

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

Construction Lawyer

« Louisiana does not give res judicata effect to an unconfirmed arbitration award | Main. | Federal Court dismisses subs claim against GC because of arbitration provision. April 2, 2012), dismissed an action by a subcontractor against the general because there was an agreement to arbitrate in the subcontract.

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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. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so.

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Construction Lead Services: Dodge vs. Reed

Construction Marketing

Value of the project and often value of major subcontracts. RCD claims to have a stronger group of reporters on private projects. Dodge does the same kind of thing through their hands-on customer service, which they claim as a huge differentiator. The company also claims Dodge shared what it learned with its sales staff.