article thumbnail

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

Best Practices Construction Law

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. Other jurisdictions, such as C alifornia, New York, Nevada and North Carolina, have expressly ruled that the “pay if paid” clauses are unenforceable as a violation of state public policy.

article thumbnail

International Arbitration Experts Discuss The Impact On The Global Economy

Constructlaw

Halprin, Partner, Pasich LLP, New York. Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. Sarah Reynolds, Partner, Mayer Brown, Chicago.

Claims 40
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Rising Tide

Buisness Facilities Contributed Content

A draft of the report, leaked to Reuters and The New York Times , says the panel now is “95 percent certain” that human activity is the cause of most of the increase in global temperatures in recent decades. The British scientists found that current flood defenses have been designed for past conditions (i.e.

Miami 49
article thumbnail

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

Best Practices Construction Law

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. Other jurisdictions, such as California, New York and Nevada , have expressly ruled that the “pay as paid” clauses are unenforceable as a violation of state public policy.

article thumbnail

Construction Contract's arbitration provision is separable, based on

Construction Lawyer

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. of the subcontract contained a "pay-if-paid" provision which violated New York lien law, and that therefore the entire Disputes article was unenforceable.

article thumbnail

COVER STORY: 2013 Business Facilities Rankings Report – Metro And Global Rankings

Buisness Facilities Contributed Content

BF Editor in Chief Jack Rogers noted that China’s status as the alternative energy leader may not last long because Chinese dumping of underpriced photovoltaic panels has been successfully challenged by the United States in the World Trade Organization and negotiations are underway to eliminate the PRC’s subsidies.

Metro 110
article thumbnail

COVER STORY: 2013 Business Facilities Rankings Report – State Rankings

Buisness Facilities Contributed Content

The first was not unexpected, although China’s lead in developing alternative energy is expected to shrink as its ability to spur solar panel production is eliminated by trade negotiators enforcing a WTO decision citing China for subsidizing its industry. 3 in Aerospace/Defense Industry Leaders, no. Here’s a sampling: no.