Remove Bankruptcy Remove Contractors Remove Subcontracting
article thumbnail

Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Construction Lawyer

Weisel, a California resident hired Ryan, a California corporation, to be the general contractor for a residence in Hawaii. 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. Ryan then filed a cross-complaint against Welch.

article thumbnail

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

Construction Marketing Ideas

SDI is obtained by the general contractor to protect it from subcontractor defaults—much like a performance bond or other guaranty. 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.

Legal 48
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

#67:  Paying Your Subcontractor's Employees

NH Construction Law

Like many states, New Hampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. The main advantage of such “trust fund” provisions is in bankruptcy; trust funds are not considered assets of the subcontractor/debtor that can be distributed to general creditors.

article thumbnail

FAQ's About Outsourced Contractors Bookkeeping Services

Contractor Bookkeeping

A lot of contractors would like to subcontract out their bookkeeping services and the two main reasons they don''t is fear of losing control and cost. Click the button below to get right to the Frequently Asked Questions About Outsourced Contractors Bookkeeping Services. Innovation Or Bankruptcy. & P.A.M.".

FAQ 49
article thumbnail

Louisiana Payment Bond Changes: What Material Suppliers Need to Know

Levelset

Here’s how this section reads: Except as provided in Paragraph (2) of this Subsection, nothing in this Part shall be construed to preclude a surety from asserting any defense to the principal obligation that its principal could assert except for lack of capacity or discharge in bankruptcy of the principal obligor.

article thumbnail

Seventh Circuit examines "pay-if-paid" provision

Construction Lawyer

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. In BMD Contractors v. 3d 643 (May 11, 2012, amended July 13, 2012), the owner became insolvent and unable to pay the general contractor.

article thumbnail

State by State Incentives Guide

Buisness Facilities Contributed Content

An incentive for housing development may also be available to developers and contractors building or rehabilitating housing in an established enterprise zone. Qualifying defense contractors. The goal of the program is to revitalize these areas and make them competitive with other locations throughout the state.

Income 108