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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

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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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses

Best Practices Construction Law

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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California Legislature Further Helping Subcontractors

Construction Law Monitor

I recently found a good article on JDSupra.com , always a great source for solid legal content, regarding California Senate Bill 474. This new Bill, allows for subs to enter into subcontract agreements with general contractors and then after-the-fact afford the sub protections because the general contractor had a well written contract.

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Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

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. “It’s The shifting of risk and liabilities is a very common practice when drafting contracts. From my experience, the subcontract that comes over is the first offer.

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Supreme Court Speaks on Forum Selection Clause in Construction Dispute

Best Practices Construction Law

The underlying dispute related to a subcontract agreement on a construction project located on Fort Hood in Texas. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement.

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No April Fools' Joke: Supreme Court Takes Appeal in Construction Case

Best Practices Construction Law

The dispute relates to a subcontract agreement on a construction project located on Fort Hood in Texas. The general contractor tried to get out of the lawsuit by filing a motion to dismiss or, in the alternative, tried to get the case transferred to Virginia based upon a forum selection clause in the subcontract agreement. 2012) cert.

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Top OSHA Violations in Construction (2021)

Levelset

Many subcontract agreements include a clause that states the subcontractor is responsible for compliance with OSHA regulations and other safety measures. A decent subcontract is drafted so that the subcontractor is responsible for complying with OSHA regulations as it affects your scope of work and your people,” says Lindborg. “So

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