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#105:  Nonmutual Arbitration Agreements

NH Construction Law

Many construction contracts and subcontracts provide for arbitration of disputes. 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). Some of them give just one of the parties an option to require arbitration. Such unilateral arbitration clauses are viewed by some courts with disfavor.

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Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

Best Practices Construction Law

The alleged misrepresentations include issues related to subcontractor quotes, firm fixed prices, subcontracting plans, and more. Motion to Amend and Legal Defense: The Corps, despite delays in formally amending its answer, argued that KBR was aware of the potential affirmative defense before the conclusion of fact discovery.

Defense 62
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Advise & Consult: Serious, expert legal insights for the construction industry

Construction Marketing Ideas

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48
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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

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

Autodesk Construction Cloud

For this reason, construction professionals must find better ways to craft and negotiate agreements. She recalls her experience speaking with a fellow attorney who had to go through a 129-page subcontract that could have been cut down to ten pages. Another common type of agreement is the Guaranteed Maximum Price (GMP) contract.

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IDIQ Construction Contract Guide

Job Order Contracting

Definition: IDIQ construction contracts are Indefinite Delivery Indefinite Quantity construction agreements that may or may not have associated detailed construction delivery processes and workflows. . No ability to subcontract—limited to trade specified in the contract. Maximizes opportunity for M/DBE subcontracting. .

Contract 100
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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses

Best Practices Construction Law

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.