NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 267 F.Supp.3d

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

NH Construction Law

JULY 22, 2023

Commercial construction subcontracts frequently incorporate by reference provisions of the prime contract between the owner and the general contractor, often with language requiring the subcontractor to assume toward the general contractor all duties owed by the general contractor to the owner. Turner Construction Co. , 560 F.Supp.

Subcontracting 40

Subcontracting Contract Contractors Insurance 40

Construction Dive

AUGUST 24, 2017

An owner-contractor agreement calls for binding arbitration, but the subcontracts do not, allowing suits in court. The designers have no agreements with the constructors and no incentive to coordinate dispute resolution mechanisms. Read more.

Subcontracting 58

Subcontracting Agreement Contractors Industrial 58

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.

Contract 77

Contract Subcontracting Drafting Virginia 77

Green Industry Professionals

APRIL 1, 2014

Field tests show nearly 50% landscape water-use savings when using Aqua Cents; company now looks to expand reach of product nationwide through subcontracting and licensing agreements.'

Subcontracting 53

Subcontracting Agreement Products 53

Construction Dive

AUGUST 24, 2017

An owner-contractor agreement calls for binding arbitration, but the subcontracts do not, allowing suits in court. The designers have no agreements with the constructors and no incentive to coordinate dispute resolution mechanisms. Read more.

Subcontracting 48

Subcontracting Agreement Contractors Industrial 48

Construction Lawyer

DECEMBER 28, 2007

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Non-signatory bound by agreement to arbitrate. 15, 2007), the court held that a non-signatory to a contract that contained an agreement to arbitrate could be bound by the arbitration requirement. Buy cialis.

Agreement 40

Agreement Illinois AIA Chicago 40

Job Order Contracting

JANUARY 5, 2019

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

Contract Construction Bidding Subcontracting 100

Best Practices Construction Law

FEBRUARY 1, 2024

The alleged misrepresentations include issues related to subcontractor quotes, firm fixed prices, subcontracting plans, and more. Misrepresentation of firm fixed prices and acceptance of subcontract terms. Misrepresentation of the scope and value of work subcontracted to a key subcontractor.

Defense 62

Defense Contract Subcontracting Engineering 62

Job Order Contracting

SEPTEMBER 25, 2017

Three types of deployment – Contractor Led (subcontract design or joint venture) – Designer Led (subcontract construction or joint venture) – A single firm with both capabilities internally. The contractor and designer work together for Owner based upon mutually agreed cost, schedule and scope of work. ?

Bidding 100

Bidding Construction Documentation Subcontracting 100

Construction Dive

DECEMBER 5, 2012

Will the newly updated ConsensusDocs 752 Federal Subcontract Agreement make it significantly easier for general contractors and subcontractors to perform federal work? David Mendes, a spokesperson for the American Subcontractors Association (ASA), believes so. ” Read more. . ” Read more.

Subcontracting 48

Subcontracting Agreement Regulation Contract 48

Construction Dive

DECEMBER 5, 2012

” These clauses are common in subcontracts. A contractor may want flexibility in scheduling subcontracted work. They elect to schedule the work “as directed.” Prime contract schedules are frequently altered by the project owner or other factors beyond the contractor’s control.

Schedule 48

Schedule Subcontracting Claims Agreement 48

Construction Dive

MARCH 10, 2016

By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. Featured …Assent to Unsigned “Standard” Subcontract Cannot Be InferredPrice Evaluation Tainted by Misinformation on Estimate What is disturbing is the lack of transparency.

Documentation 48

Documentation Contract Drafting Subcontracting 48

Constructlaw

APRIL 20, 2023

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.”

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Green Building Law Update

DECEMBER 13, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Permapost had a subcontract to apply pressure-treated PolyClear 2000 preservative to the Parallams. Weyerhaeuser Company, et al, pending in the U.S.

Foundation 120

Foundation Liability Maryland Claims 120

ENR Construction

JUNE 15, 2022

agreement resolves claims of subcontracting kickbacks and bid rigging related to firm's past LOGCAP military operations support contract in Iraq. Justice Dept.

Contract 36

Contract Subcontracting Agreement Claims 36

Levelset

APRIL 15, 2022

Read a sample subcontract. Before you begin to work on a project, MBC will require you to provide the following documentation: Executed subcontractor agreement Certificates of insurance Submittals W-9. Download Mayer Building Company’s sample subcontractor agreement. . Learn about company processes. Progress payments.

Resource 97

Resource Lien Documentation Change Orders 97

Construction Law Monitor

SEPTEMBER 19, 2013

Surprisingly, people on all ends of the contracting process don’t always understand the importance of the words chosen in their agreement. A general contractor, for example, benefits from a vague scope of work provision in its subcontracts, but would want specific provisions in its general contract.

Contract 62

Contract Liability Subcontracting Construction 62

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. The legislature here is essentially trying to protect the subcontractor from itself.

California 54

California Subcontracting Contract Legal 54

Best Practices Construction Law

FEBRUARY 21, 2018

The subcontract agreement required the subcontractor to indemnify and hold harmless the contractor against claims of bodily injury resulting from the subcontractor’s work. The subcontract also required the subcontractor to include the contractor as an “Additional Insured” on its policy.

Insurance 54

Insurance Subcontracting Injury Construction 54

NH Construction Law

MARCH 24, 2018

In Axenics a subcontractor’s claim against a general contractor for “failure to properly coordinate construction” was rejected because the GC’s coordination responsibility and the sub’s entitlement to payment for any resulting extra work or extra costs “was addressed in the subcontract itself.”

Change Orders 40

Change Orders Subcontracting Contract Claims 40

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.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction Lawyer

APRIL 3, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Liquidation Agreement did not supercede agreement to arbitrate. April 2, 2012), dismissed an action by a subcontractor against the general because there was an agreement to arbitrate in the subcontract.

Claims 40

Claims Agreement Illinois Subcontracting 40

Job Order Contracting

JULY 29, 2021

High initial set up costs make DB suitable only for major new construction Not a fully collaborative multiparty agreement. Construction manager at risk ( CM@R) includes a construction manager who works with the owner and A/E through design and proposals and manages subcontracts to complete the work. Disadvantages. Advantages.

Design 130

Design Bidding Engineering Construction 130

Best Practices Construction Law

JUNE 21, 2016

The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. Tully Construction Co. , 3d 930 (May 18, 2016), the New York Supreme Court, Appellate Division, reversed a trial court’s award of delay damages in favor of a subcontractor on a public contract.

Claims 82

Claims Contract Legal New York 82

Construction Marketing Ideas

MARCH 11, 2016

While the definition of a default depends on the terms of the SDI policy, it is solely based on a failure to fulfill the terms of a covered subcontract. SDI policies give contractors broad authority to determine whether a subcontractor is in default of its contractual obligations.

Legal 48

Legal Consulting Subcontracting Industrial 48

NH Construction Law

NOVEMBER 30, 2020

The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. An arbitration agreement is the quintessential “waiver of the right to bring a civil action,” and when contained in a signed subcontract it will necessarily be executed before labor or materials are furnished.

Claims 40

Claims Subcontracting United States Contract 40

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.

Virginia 48

Virginia Texas Subcontracting Construction 48

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.

Cash Flow 48

Cash Flow Project Management Change Orders Agreement 48

Autodesk Construction Cloud

NOVEMBER 15, 2021

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.

Contract 52

Contract Contractors Negotiation Subcontracting 52

NH Construction Law

APRIL 26, 2020

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.

Contract 40

Contract Agreement Subcontracting Wisconsin 40

NH Construction Law

MAY 28, 2018

Before subcontracting any significant portion of a long term job to someone who isn’t known to be financially solvent, the wise general will ask for proof that the sub can carry the strain of weekly payroll through a monthly requisition procedure, with retainage. How does a GC protect itself? § 5.5(a)(6).)

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Job Order Contracting

AUGUST 26, 2016

Fees for training should be noted in the contract solicitation and final agreement paperwork. In some instances subcontracting in not allowed, in others there may be established limits. Initial and ongoing training is key to JOC Program success and continuous improvement. Are subcontractors allowed on a JOC?

Contract 100

Contract Overhead Profitability Contractors 100

Best Practices Construction Law

APRIL 8, 2013

The dispute relates 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.

Virginia 48

Virginia Texas Subcontracting Construction 48

Construction Lawyer

JANUARY 19, 2015

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. The general moved to dismiss or compel arbitration and the parties then agreed to arbitrate. .

Contract 40

Contract Subcontracting Claims Drafting 40

Autodesk Construction Cloud

JULY 5, 2022

So, for example, when a Master Subcontract Agreement has language or date changes, within Autodesk Build’s Library, you can update your contract document template that references it and share it with associated projects in a single click. No more back and forth on what the latest contract language is. No more guess work.

Autodesk 92

Autodesk Documentation Visualization Management 92

Constructlaw

DECEMBER 1, 2022

RKI contracted with Ameriflow Energy Services LLC and Crescent Services LLC through two master service agreements (MSAs) and a series of work orders. Notably, it was unclear whether Crescent supplied those services under a subcontract agreement with Ameriflow or whether the two entities were somehow affiliated.

Texas 52

Texas Claims Contract Agreement 52