Best Practices Construction Law
NOVEMBER 21, 2019
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. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.
Construction Lawyer
JANUARY 30, 2014
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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Construction Dive
MARCH 10, 2016
Not surprisingly, these customized contracts tend to favor the drafting party. The drafting party seeks to impose its terms through reference. Featured …Assent to Unsigned “Standard” Subcontract Cannot Be InferredPrice Evaluation Tainted by Misinformation on Estimate
Autodesk Construction Cloud
NOVEMBER 15, 2021
In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.
Constructlaw
MARCH 10, 2023
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.
NH Construction Law
APRIL 26, 2020
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.
Construction Dive
JUNE 30, 2016
By Bruce Jervis “Pay-if-paid” clauses in subcontracts are controversial. In most states, however, they are enforceable if clearly drafted. In most states, however, they are enforceable if clearly drafted. In some states, pay-if-paid clauses have been rendered unenforceable by statute or judicial ruling.
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