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Have You Seen All the Contract Documents?

Construction Dive

Not surprisingly, these customized contracts tend to favor the drafting party. Sometimes, the other party never actually sees the document. The drafting party seeks to impose its terms through reference. What is disturbing is the lack of transparency.

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Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Construction Lawyer

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation. Nor does the subcontract contain anything like Paragraph 24.3.3 Dist, Sept. Italics added.). of the General Contract.

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Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

In reality, it’s often a monster document packed full of legalese that can be difficult to understand. A contract should really be a tool to help everyone in the construction industry; it doesn’t have to be this monster document that you just hold your nose, sign, and hope for the best.” Make sense of your contracts.

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#88   Battle of the Forms: When Is There an Enforceable Contract?

NH Construction Law

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.

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California Legislature Further Helping Subcontractors

Construction Law Monitor

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. There is no need to waste taxpayer money to draft, argue, and pass bills such as these.

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Authority of Arbitrator to Award Attorneys Fees when not mentioned in Contract

Construction Lawyer

Any claim arising out of or related to this Subcontract. Demand for arbitration shall be filed in writing with the other party to this Subcontract and with the American Arbitration Association, and a copy shall be filed with the Architect. Attorneys frequently include a request for attorneys fees in such documents.

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Supreme Court Speaks on Forum Selection Clause in Construction Dispute

Best Practices Construction Law

The underlying dispute related to a subcontract agreement on a construction project located on Fort Hood in Texas. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement.