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Virginia Joins 11 Other States Prohibiting Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

In these tight times, you can understand how important payment provisions are to the parties’ transaction, particularly where costs are escalating and projects may stall mid-performance due to financing issues or owner-default. Does my state prohibit pay-if-paid clauses? North Carolina. South Carolina. One major lesson: WORDS MATTER.

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State by State Incentives Guide

Buisness Facilities Contributed Content

CAPCO financing, an alternative to conventional bank financing, can accommodate a slightly higher risk profile and provide a more flexible structure for growing businesses. Terms for both are normally 10-20 years and can finance up to 100% of the project costs. ALABAMA - updated for 2014. They are: The Renewal Program.

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

Best Practices Construction Law

The owner ultimately lost its construction financing on the project and abandoned the development. Other jurisdictions, such as C alifornia, New York, Nevada and North Carolina, have expressly ruled that the “pay if paid” clauses are unenforceable as a violation of state public policy. So, what should your contracts provide?

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STATE INCENTIVES GUIDE

Buisness Facilities Contributed Content

CAPCO financing, an alternative to conventional bank financing, can accommodate a slightly higher risk profile and provide a more flexible structure for growing businesses. Terms for both are normally 10-20 years and can finance up to 100 percent of the project costs. It allows for the construction of roads, bridges, etc.

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