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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

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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. Payment should be in the full amount currently owed to the contractor, regardless of how much is still owed on the contractor’s loan.

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General Liability vs. Professional Liability: What’s the Difference?

Levelset

The two most common liability insurance policies for contractors are general liability and professional liability. It can pay for medical costs and legal fees. This coverage protects businesses from third-party lawsuits and pays legal fees for the defense of allegations of slander or libel.

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Contracting Offficer’s Belief That Contractor Could Not Meet Schedule Requirements Insufficient to Support Default Termination

Best Practices Construction Law

Contractors, LLC v. United States , the contractor who had been awarded a fixed price, time sensitive contractor to repair pavement at an Air Force base filed suit against the Department of Defense (“Agency”), alleging it had been wrongfully terminated for default. ” In Alutiiq Manf.

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No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Best Practices Construction Law

Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The County entered into an agreement with the Contractor to expand a three-mile stretch of road. Nevertheless, the Contractor completed its work within the contract time.

Claims 118
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Subcontractor Insurance: 7 Policies Subs Should Consider for Their Business

Levelset

Subcontractor business liability insurance should be retained since a catastrophic claim could bankrupt most all painting contractors. Are subcontractors covered under the general contractor’s insurance? Medical expenses, property damage, and legal defense costs can grow quickly. Employment practices liability.

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Army To Continue Pursuing LEED Gold and Platinum

Green Building Law Update

Back in December 2011, GBLU reported on legislation that banned the Department of Defense from pursuing LEED Gold or Platinum certification. After giving a green building legal presentation at the American Society of Military Engineers in Fort Leonard Wood last month, I had a chance to talk to contractors about the LEED ban.

Defense 159