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#127:  Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. Brait Builders Corp. ,

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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? Westar Engineering , 290 F.3d I promised elaboration on this question in an earlier blog (# 8). .”

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NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights

Constructlaw

Entech Engineering, P.C. Dewberry Engineers, Inc. , Defendant Dewberry Engineers, Inc. Dewberry retained Entech Engineering PC (Entech) to perform pre-construction lead paint inspections of homes. 3d 467, 167 N.Y.S.3d Eventually, Dewberry terminated Entech. Here, Entech had no lien law rights.

Lien 52
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Insider Discusses EJCDC's New Document on Subcontracts

Construction Dive

Here is the summary for the October 2013 addition: One of the new documents that the Engineers Joint Contract Documents Committee (EJCDC) has added is “C-523,” which addresses subcontracts.

EJCDC 48
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HS2 to hold bidders day for subcontractors

Construction Enquirer

HS2 is planning a meet the main contractor bidders day ahead of the next tranche of subcontract work tenders to progress civil engineering works and station fit-outs. Civils & Stations work streams Urban realm (incl. earthworks, minor civils, roads, landscaping, trees) Station fit-out (incl.

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Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Constructlaw

Army Corps of Engineers hired Relyant Global LLC to act as the prime contractor. Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. The subcontract was silent as to whether retainage must be placed in an escrow account.

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Job Order Contract Execution

Job Order Contracting

During this operational phase of the JOC contract, procurement/facility management/engineering generate task orders for various construction services to be performed by the contractor. The contractor responds to the Job Order RFP by delivering a detailed unit price line item proposal for accomplishing the task.

Contract 100