NH Construction Law
APRIL 29, 2021
Another approach is to negotiate with subcontractors or suppliers to lock in prices for an extended period of time, thereby kicking the price increase risk downstream – but in the present volatile market, subs and suppliers are increasingly reluctant to hold their prices for long, typically not more than 60 or 90 days.
NH Construction Law
MAY 31, 2021
MacMillin was the general contractor on an assisted living facility project in Keene for Prospect Woodward Home, and subcontracted the plumbing and mechanical portion of the project to Denron. The Denron court noted that other states deal with pay-if-paid clauses “in a variety of ways. But the message is clear.
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NH Construction Law
FEBRUARY 27, 2021
In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. Ambrose Development, LLC , No.
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 Law Monitor
AUGUST 24, 2012
In a perfect world, general contract presents the subcontract document to the subcontractor, and that sub has its lawyer review the contract to see if the terms can be negotiated so that its a fair document for all involved. This article deals with a hot construction law topic, pay-when-paid vs. pay-if-paid clauses.
Best Practices Construction Law
AUGUST 29, 2012
DBE fraud can involve a broad range of schemes, but the most misunderstood issue deals with identifying whether the DBE expenditures count toward the DBE goal. Following is a lost of selected "red flag" indicators of DBE fraud: DBE owner lacking the background, expertise or equipment to perform the subcontract work.
Autodesk Construction Cloud
OCTOBER 21, 2022
Subcontracting. This process is known as subcontracting. Contract negotiation and formation. Once the owner selects a bid, they’ll move on to the contract negotiation and formation stage. That’s not to say construction costs are unreasonable or deal-breaking, or that you can’t charge what you’re worth.
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