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Ryan, in turn, subcontracted part of the work to Welch, a Hawaii corporation. The subcontract between Ryan and Welsh: does not contain any provision by which the parties explicitly consent to, or agree upon, jurisdiction, venue, or any particular "forum" in the case of litigation. Dist, Sept. Italics added.). of the General Contract.
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. My nearly two decades as a lawyer have taught me that surety bonds are really only protection against one risk: Subcontractor bankruptcy.
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).)
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.
Fidelity had issued a payment bond, but Fidelity refused to pay after the owner declared bankruptcy, and BMD sued Fidelity. The court also extensively analyzed the issue of whether the subcontractor had a claim against the surety regardless of whether the principal is liabile for payment under the subcontract.
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. Innovation Or Bankruptcy. Click the button below to get right to the Frequently Asked Questions About Outsourced Contractors Bookkeeping Services. They are listed in detail further down.
It provides specialized and professional assistance to businesses seeking assistance with contracting and subcontracting opportunities with the Department of Defense (DOD), other federal agencies or state and local governments.
QUALIFIED DEFENSE AND SPACE CONTRACTOR TAX REFUND (QDSC): Florida defense, homeland security and space business contractors are given a competitive edge in consolidating contracts or subcontracts, acquiring new contracts or converting contracts to commercial production.
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