Agreement Drafting Subcontracting 
Construction Lawyer
JANUARY 30, 2014
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.).
Best Practices Construction Law
NOVEMBER 21, 2019
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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Construction Dive
MARCH 10, 2016
By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. Not surprisingly, these customized contracts tend to favor the drafting party. The drafting party seeks to impose its terms through reference. What is disturbing is the lack of transparency.
Construction Law Monitor
AUGUST 24, 2012
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.
Best Practices Construction Law
JUNE 12, 2015
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.
Best Practices Construction Law
NOVEMBER 26, 2012
As a preliminary matter, make sure that you get a written contract when starting a new project and make sure that both parties sign the agreement. Although courts treat oral agreement differently in each state, a written agreement will be easier to enforce. Contract Provisions. Project Management Tips.
Best Practices Construction Law
DECEMBER 6, 2013
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.
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