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Have You Seen All the Contract Documents?

Construction Dive

Not surprisingly, these customized contracts tend to favor the drafting party. Sometimes, the other party never actually sees the document. The drafting party seeks to impose its terms through reference. What is disturbing is the lack of transparency.

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Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Construction Lawyer

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation. Nor does the subcontract contain anything like Paragraph 24.3.3 of the General Contract. Dist, Sept.

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

Autodesk Construction Cloud

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. In reality, it’s often a monster document packed full of legalese that can be difficult to understand. We discuss: The current state of construction contracts.

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#88   Battle of the Forms: When Is There an Enforceable Contract?

NH Construction Law

When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.

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Authority of Arbitrator to Award Attorneys Fees when not mentioned in Contract

Construction Lawyer

The contract between the parties contained these dispute resolution provisions: § 6.2.1 Any claim arising out of or related to this Subcontract. Demand for arbitration shall be filed in writing with the other party to this Subcontract and with the American Arbitration Association, and a copy shall be filed with the Architect.

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California Legislature Further Helping Subcontractors

Construction Law Monitor

This Bill protects subcontractors when contracting so that they cannot be held liable to indemnify the general contractor or owner from certain types of negligence. This Bill raises a bigger and more overarching question as to why do state legislatures feel the need to make rules to restrict the freedom to contract.

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Tips for Creating a Healthy Cash Flow

Best Practices Construction Law

Written Contract. As a preliminary matter, make sure that you get a written contract when starting a new project and make sure that both parties sign the agreement. Too many times I have represented parties who either "did the deal on a handshake" or "never signed the contract." Contract Provisions.