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Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Construction Lawyer

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. 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. Italics added.). of the General Contract.

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Have You Seen All the Contract Documents?

Construction Dive

Not surprisingly, these customized contracts tend to favor the drafting party. Sometimes, the other party never actually sees the document. The drafting party seeks to impose its terms through reference. What is disturbing is the lack of transparency.

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California Legislature Further Helping Subcontractors

Construction Law Monitor

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. There is no need to waste taxpayer money to draft, argue, and pass bills such as these.

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Specifications for design-build projects

Construction Specifier

Greater challenges arise when adapting DBB source documents for design-build. DBB and its ‘relatives’ are longstanding methods of project delivery with clearly defined roles and responsibilities, and, therefore, drafting construction specifications for such projects is reasonably straightforward.

Design 52
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Specifications for design-build projects

Construction Specifier

Greater challenges arise when adapting DBB source documents for design-build. DBB and its ‘relatives’ are longstanding methods of project delivery with clearly defined roles and responsibilities, and, therefore, drafting construction specifications for such projects is reasonably straightforward.

EJCDC 52
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Tips for Creating a Healthy Cash Flow

Best Practices Construction Law

When drafting subcontracts, consider using a "pay when paid" or "pay if paid" clause so that payment is tied to when you receive payment from the owner. Monitor work-in-progress reports, cash flow reports and other documents to spot cash flow issues while there’s still time to do something about them.

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Authority of Arbitrator to Award Attorneys Fees when not mentioned in Contract

Construction Lawyer

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. Attorneys frequently include a request for attorneys fees in such documents.