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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? Thus the liability of the company as surety is coextensive with that of the principal.” United States ex rel.

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#99:  General Contractors' OSHA Liability for Subcontractors' Violations

NH Construction Law

For many years the Occupational Safety and Health Administration (OSHA) has implemented a Multi-Employer Citation Policy , under which more than one employer at a worksite – for example, a general contractor and a subcontractor – can be cited by OSHA for the same hazardous condition. In StormForce of Jacksonville, LLC , No.

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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

This can put the obligee, whether an owner holding its general contractor’s performance bond or a general contractor holding its subcontractor’s performance bond, in a difficult spot. In Arch Insurance Co. Graphic Builders LLC , 36 F.4th 4th 12 (1st Cir. ” Id. ” Id. million,” id.

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Subcontractor Insurance: 7 Policies Subs Should Consider for Their Business

Levelset

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Are subcontractors covered under the general contractor’s insurance?

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NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy

Constructlaw

Arenson subsequently entered into a subcontract with Sweet to complete the Work (the Subcontract). The Subcontract contained two signature lines, one for “Sweet Construction Approval” and one for “Arenson Office Furnishings Approval.” ASD was not a party to the Subcontract. The appellate court affirmed the trial court.

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#108:  Replacement Contractor Issues

NH Construction Law

When a contractor abandons or is terminated from a construction project before substantial completion, one of the first tasks for the owner/developer (or for the contractor’s performance bond surety if such a bond exists) is to locate and hire a completion contractor.

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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 provided that Relyant “may retain … a maximum of ten percent (10%) of the amount of each invoice.”