Claims Negotiation Subcontracting 
Construction Dive
OCTOBER 21, 2012
There are several steps that subcontractors should take if they want to maintain their rights to file delay claims, Navigant Construction Forum Executive Director James Zack said during a webinar that WPL Publishing held earlier this month. Zack and Navigant Consulting Inc. ” Read more.
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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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. This starts with using contracts that people can easily comprehend.
Construction Dive
DECEMBER 19, 2012
The bonds incorporate the terms of the construction contract or subcontract by reference. In a recent federal appellate case, a prime contractor and its subcontractor settled a delay dispute by negotiating a bilateral change order. The sub’s surety said, in effect, “This is not the subcontract we agreed to bond.”
Construction Lawyer
APRIL 3, 2012
Federal Court dismisses subs claim against GC because of arbitration provision. April 2, 2012), dismissed an action by a subcontractor against the general because there was an agreement to arbitrate in the subcontract. The Subcontract incorporated the terms and conditions of the Prime Contract by reference.
NH Construction Law
MAY 20, 2023
When that is the case, can a general contractor with a pay-if-paid provision in its subcontracts hide behind that provision when the reason for owner nonpayment is the general contractor’s own default? JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d 3d 1186 (2022), didn’t think so. 773, 781 (1988).
Job Order Contracting
FEBRUARY 20, 2018
PLEASE NOTE: In occasions where the contractor is asked to provide materials, equipment, and/or subcontract pricing for work by direct bidding that may, or. These negotiations must precede the JO award/approval and are not allowed on a Change Order basis. approve or disapprove the JO, negotiate, or advance to another contractor. (4)
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