NH Construction Law
NOVEMBER 30, 2020
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. ,
Constructlaw
MARCH 10, 2023
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.
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Construction Dive
APRIL 10, 2013
By Bruce Jervis Two recent cases involving the waiver of subcontract “pay-if-paid” clauses illustrate the uncertainty of enforcing these provisions. Pay-if-paid clauses shift the risk of project owner nonpayment from the prime contractor to the subcontractor. In the other case, the contractor narrowly averted a waiver.
Best Practices Construction Law
NOVEMBER 21, 2019
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.
Levelset
SEPTEMBER 14, 2022
Let’s take a look a subcontractor insurance: when it’s needed, what happens if a sub goes uninsured, and what policies subs can use to protect their businesses from risk. Subcontractor business liability insurance should be retained since a catastrophic claim could bankrupt most all painting contractors.
Levelset
APRIL 28, 2022
While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC. If a subcontractor defaults on a project, the general contractor can make a claim with the insurance company to cover costs above their deductible and any loss reserve requirements.
NH Construction Law
MARCH 24, 2018
.” Some contracts are even more limiting, expressly stating that if extra work is done without a signed change order, no additional compensation can be claimed. Should he suspend work, and risk being in breach? 659, 670 (2013), but not if the parties’ contract addresses the subject matter of the claim.
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