Best Practices Construction Law
FEBRUARY 1, 2024
In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., The proposed amendment introduces an affirmative defense, contending that Kellogg Brown & Root Services, Inc. under Contract No.
NH Construction Law
DECEMBER 19, 2020
It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 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?
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Best Practices Construction Law
NOVEMBER 21, 2019
Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.
Construction Dive
JUNE 26, 2013
A significant number of contractors, subcontractors, engineers, manufacturers of construction materials, and others would be affected by legislation now undergoing congressional consideration. Of particular importance is an amendment to National Defense Authorization legislation (H.R. For additional coverage of H.R.
Best Practices Construction Law
JUNE 12, 2015
Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Court of Appeals for the 4th Circuit concluded that a “pay if paid” clause in a subcontract was not ambiguous and, therefore, enforceable against the subcontractor.
Best Practices Construction Law
JUNE 21, 2016
When you are required to strictly comply with a particular provision or legal requirement, then any departure from that requirement (no matter how insubstantial) can void the claim or provide an absolute defense. As the trial court noted, “[a]ny further written notice would not have served any practical purpose.”.
Construction Lawyer
JULY 20, 2012
He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. Zahn is a licensed architect and attorney in the State of Illinois.
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