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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. Under FE&C’s theory, it was entitled to recover interest under a subcontract provision that generally incorporated all “terms and conditions … required by law.”

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What FAR Council Updates to Small Business Contracting Requirements Mean for Large and Small Business Contractors

Federal Construction Contracting Blog

For example, one of the rules makes noteworthy changes to the FAR’s Limitations on Subcontracting, resulting in a more friendly regulatory landscape for small business prime contractors. Limitations on Subcontracting – Helpful Changes for Small Business Prime Contractors.

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No Free Warranty: Connecticut Court Adopts Correction or Repair Test

Constructlaw

ALS’s subcontract permitted the DOT to hold back 60% of its payments to assure ALS would warranty the work, which ALS did with site checks performed between June 2019 and May 2020. Drafting subcontracts appropriately can give both developers and subcontractors greater security and reliability of outcome.

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Construction Project Closeout

cnstrctr

We’ve all been there, stuck on that job that everyone has left, construction project closeout is not fun, but it’s a necessary evil of every project. Construction Turnover and Permit Closeout. bctt tweet=”During the construction project you should be in regular contact with your building inspector.

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#112:  Owners' Implied Warranty Rights Against Subcontractors

NH Construction Law

A few years back I blogged ( #84 ) that owners generally lack “third party beneficiary” rights required in order to enforce subcontracts. 2005) (“subcontractors owe homeowners a duty of care, independent of any contractual obligations, to act without negligence in the construction of homes.”). 3d 862, 865 (Colo.

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Buyer Beware: Five Commercial Construction Questions to Ask Before Purchasing a Distressed Note

HardHatChat

But before you take on the role of receiver, here are five questions you must address with your general commercial construction contractor before assuming receivership of a distressed property. Are there any discrepancies in what construction work has been completed versus what has been paid ? Has the building permit expired?

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#75:  Recovery for Defective Work After Termination for Convenience

NH Construction Law

Many contracts specify that an owner may terminate a contractor, and many subcontracts specify that a contractor may terminate a subcontractor, either for cause (i.e., Steelwood Construction, Inc. , for breach) or for “convenience” (i.e., without breach). Shelter Products, Inc. 257 Or.App. 382, 307 P.3d