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#130:  Secured Lenders' Rights to Construction Contract Payments

NH Construction Law

It happens this way: A contractor or subcontractor borrows money from a lender, and as security for the loan it gives the lender an assignment of or lien on its receivables and contract rights. Otherwise all construction contracts would have such a clause, thwarting the lender’s statutory rights.

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

Best Practices Construction Law

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. The subcontractor argued that the prime contract between the owner and the contractor defined the cost of work to include “payments made” to subcontractors. However, in Thomas J.

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constructionattorneyblog: illinois supplier denied mechanics lien

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. DESPITE HAVING TWICE SIGNED CONTRACT, CORPORATE REPRESENTATIVE NOT NECESSARILY OBLIGATED TO PERSONALLY ARBITRATE » March 13, 2012. Categories.

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EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

Construction and Infrastructure Law

A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. Article 10 of the Convention allows contracting states to permit service by mail; and it allows them to object to service by mail. Construction litigators beware!

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constructionattorneyblog: Sole Proximate Cause Defense Reaffirmed

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. « Arbitrators award attorneys fees, contract notwithstanding | Main. Sole Proximate Cause Defense Reaffirmed. mechanics liens.

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constructionattorneyblog: Subcontractor's Mechanics lien allowed.

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Subcontractors Mechanics lien allowed where bank seized generals funds. May 21, 2009 in litigation , mechanics liens | Permalink. Francis , No.

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Idle Equipment not entitled to Lien in Missouri

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Idle Equipment not entitled to Lien in Missouri. April 20, 2009 in litigation , mechanics liens | Permalink. mechanics liens. Categories.

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