Remove Claims Remove Negotiation Remove Risk Remove Subcontracting
article thumbnail

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

Best Practices Construction Law

As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. In Universal Concrete Products Corp. However, in Thomas J.

article thumbnail

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

Autodesk Construction Cloud

Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities.

professionals

Sign Up for our Newsletter

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

article thumbnail

#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. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D.

article thumbnail

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

Construction Lawyer

In other words, you use the stuff we post here at your own risk. 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. Veterans Enterprise Technology , 2012 U.S.

Claims 40
article thumbnail

Job Order Contract Program Implementation

Job Order Contracting

Purchasing’s competitive range decision is based on the summary report, prepared by the evaluation commttiee, for each proposal that includes the evaluated price; the final rating for each factor and sub-factor; and a discussion of the associated strengths, weaknesses, deficiencies, and risks. Negotiations and Source Selection.

Contract 100
article thumbnail

Construction Contract's arbitration provision is separable, based on

Construction Lawyer

In other words, you use the stuff we post here at your own risk. provided that if arbitration is provided for in the "Contract Documents," Mortenson "in its sole discretion" may demand arbitration of any dispute under the subcontract. The The laws of each state are different and each situation is unique.

article thumbnail

Litigation Topics for Prime / Subcontractor Contracts

Construction Law Monitor

Here both parties need to negotiate terms to better protect when a dispute arises. Commonly litigated subcontract provisions. Very important risk-shifiting devices – can determine a win or loss regarding a claim. Prime/Subcontractors Contracts. Typically subcontractors are at the mercy of the prime.