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Have You Seen All the Contract Documents?

Construction Dive

By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. 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.

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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. Weisel, a California resident hired Ryan, a California corporation, to be the general contractor for a residence in Hawaii. Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation.

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

Autodesk Construction Cloud

In reality, it’s often a monster document packed full of legalese that can be difficult to understand. A contract should really be a tool to help everyone in the construction industry; it doesn’t have to be this monster document that you just hold your nose, sign, and hope for the best.” Let’s meet in the middle.

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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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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. There is no need to waste taxpayer money to draft, argue, and pass bills such as these. Let the parties contract to whatever they want.

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

Construction Lawyer

A dispute arose between a contractor and its subcontractor concerning the installation of temporary fire protection equipment. Any claim arising out of or related to this Subcontract. The arbitrator awarded attorneys fees to the general contractor and the subcontractor moved to vacate the fee award. Inman Construction, No.

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Supreme Court Speaks on Forum Selection Clause in Construction Dispute

Best Practices Construction Law

The underlying dispute related to a subcontract agreement on a construction project located on Fort Hood in Texas. When the general contractor did not pay the subcontractor for its work, the subcontractor filed a lawsuit in federal court in Texas based upon diversity jurisdiction (. 3d 736 (5th Cir. Forum selection clause. Trial court.