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Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Constructlaw

Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. Under FE&C’s theory, it was entitled to recover interest under a subcontract provision that generally incorporated all “terms and conditions … required by law.”

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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

They operate very much like “at will” employment contracts, permitting the employer to fire an employee at any time for any (or no) reason as long as some specific public policy is not offended. Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. Ambrose Development, LLC , No.

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#108:  Replacement Contractor Issues

NH Construction Law

It is certainly possible, even wise, for the completion contractor to disclaim any liability for his predecessor’s work, but at the end of the project teasing apart the respective responsibilities for any issues with the finished product can be challenging.

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

NH Construction Law

When that is the case, can a general contractor with a pay-if-paid provision in its subcontracts hide behind that provision when the reason for owner nonpayment is the general contractor’s own default? JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so. ” 286 A.3d 3d at 1201.

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Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Best Practices Construction Law

The Federal Acquisition Regulation (FAR) defines “accrual” as: the date when all events, that fix the alleged liability of either the Government or the contractor and permit assertion of the claim, were known or should have been known. For liability to be fixed, some injury must have occurred. million; and.

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Things Contractors Should Know About Job Order Contracts

Job Order Contracting

Make certain that the roles, responsibilities, tools, requirements and liabilities associated with the JOC are specified in appropriate detail. Subcontracting: Do. Follow all requirements noted in the JOC solicitation such as… “The Proposer shall clearly indicate what portions of the scope of work will be subcontracted.

Contract 100
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What You Need to KNOW about Job Order Contracting

Building Information Management

Make certain that the roles, responsibilities, tools, requirements and liabilities associated with the JOC are specified. Subcontracting: Do’s. Follow all requirements noted in the JOC solicitation such as… “The Proposer shall clearly indicate what portions of the scope of work will be subcontracted. Subcontracting: Don’ts.