Claims Risk Subcontracting 
Construction Dive
APRIL 10, 2013
By Bruce Jervis Two recent cases involving the waiver of subcontract “pay-if-paid” clauses illustrate the uncertainty of enforcing these provisions. Pay-if-paid clauses shift the risk of project owner nonpayment from the prime contractor to the subcontractor. In the other case, the contractor narrowly averted a waiver.
Job Order Contracting
SEPTEMBER 25, 2017
Risk dependent upon completeness and accuracy of construction documents within a relatively ‘ad hoc’ process. Risk dependent upon completeness and accuracy of construction documents within a relatively ‘ad hoc’ process. Generally reduced number of claims and/or litigation issues. Well known. ?
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NH Construction Law
NOVEMBER 30, 2020
Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. 106-277 at *5 (1999), tells us: “This bill does not void subcontract provisions requiring arbitration or other alternative methods of resolving disputes. Industrial Lumber Co. ,
Green Building Law Update
DECEMBER 13, 2015
With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.
Best Practices Construction Law
NOVEMBER 21, 2019
As you may be aware, one of the greatest risks on a construction project involves the payment process. 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. In Universal Concrete Products Corp.
Construction Dive
AUGUST 14, 2013
By Bruce Jervis It is well established that if a contractor wants to enforce a “pay-if-paid” clause in a subcontract, the clause must state that payment by the project owner for the subcontractor’s work is a condition precedent to the contractor’s obligation to pay the sub for that work.
Constructlaw
MARCH 10, 2023
a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.
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