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Buyer Beware: Five Commercial Construction Questions to Ask Before Purchasing a Distressed Note

HardHatChat

Has the building permit expired? Next thing you know, that supplier is asking the new owner (you) for payment – once again, running the risk of duplicate payments for the same scope of work. Where do you stand with the city inspectors of your distressed property project? Are there hidden costs?

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Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering the Same Subject Matter

Constructlaw

Environmental Safety Corporation’s (“PAL”) complaint alleging numerous causes of action in connection with its suit against CEC … Continue reading Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering the Same Subject Matter.

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What FAR Council Updates to Small Business Contracting Requirements Mean for Large and Small Business Contractors

Federal Construction Contracting Blog

For example, one of the rules makes noteworthy changes to the FAR’s Limitations on Subcontracting, resulting in a more friendly regulatory landscape for small business prime contractors. Limitations on Subcontracting – Helpful Changes for Small Business Prime Contractors.

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Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Constructlaw

Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. Under FE&C’s theory, it was entitled to recover interest under a subcontract provision that generally incorporated all “terms and conditions … required by law.”

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No Free Warranty: Connecticut Court Adopts Correction or Repair Test

Constructlaw

ALS’s subcontract permitted the DOT to hold back 60% of its payments to assure ALS would warranty the work, which ALS did with site checks performed between June 2019 and May 2020. Drafting subcontracts appropriately can give both developers and subcontractors greater security and reliability of outcome.

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How Contractors Can Make Sure to Receive DBE Participation Credit

Best Practices Construction Law

Many prime contractors may be unaware that subcontracting to a DBE on a TDOT contract does not necessarily mean DBE goal participation credit will be awarded. Once approved as a DBE, each business receives a letter showing each work type they are permitted to perform for credit.

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#75:  Recovery for Defective Work After Termination for Convenience

NH Construction Law

Many contracts specify that an owner may terminate a contractor, and many subcontracts specify that a contractor may terminate a subcontractor, either for cause (i.e., for breach) or for “convenience” (i.e., without breach).