Drafting Negotiation Subcontracting 
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.
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. The shifting of risk and liabilities is a very common practice when drafting contracts.
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Construction Specifier
JANUARY 28, 2021
A substantial challenge faced by professionals preparing construction specifications for design-build projects is most master specifications were developed for traditional DBB or its ‘close relation,’ design-negotiate-build (DNB).
Best Practices Construction Law
JUNE 12, 2015
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.
NH Construction Law
APRIL 26, 2020
When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.
Construction Law Monitor
AUGUST 24, 2012
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.
Construction Specifier
JUNE 13, 2021
A substantial challenge faced by professionals preparing construction specifications for design build projects is most master specifications were developed for traditional DBB or its ‘close relation,’ design-negotiate-build (DNB). Greater challenges arise when adapting DBB source documents for design-build.
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