Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause
Constructlaw
APRIL 20, 2023
Air Force dormitory in Missouri. In response, FE&C advanced a creative theory of liability — “FE&C is not bringing a private right of action under the federal Prompt Payment Act, but is instead seeking enforcement of a contractual penalty.” The subcontract was silent as to whether retainage must be placed in an escrow account.
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