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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

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.

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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses

Best Practices Construction Law

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.

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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

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Construction Contract's arbitration provision is separable, based on

Construction Lawyer

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.  Section 21.1

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Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

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Best Practices for Multiple Award IDIQ – Task and Delivery Order Contracting

Building Information Management

Appendix 2 illustrates the fair opportunity for consideration approach used in the Defense Enterprise Integration Services II (DEIS II) multiple award contracts. Appendix 1 is a list of multiple award contracts and a person to contact for additional information. Cost or Pricing Data.

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STATE INCENTIVES GUIDE

Buisness Facilities Contributed Content

FOREIGN TRADE ZONES (FTZs): Secured areas legally outside of U.S. Lenders negotiate their own fees and the USDA charges 2 percent of the guaranteed amount as a one-time fee. New businesses can carry over 100 percent of their losses for 20 years if the loss is in their first year of operation.

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