Construction Business Owner

AUGUST 30, 2023

Project managers must stay on top of subcontracted costs, bids, deadlines and materials while also juggling jobsite duties and office paperwork — an overwhelming task that is often fraught with stress. But it doesn’t have to be.

Project Management 367

Project Management Management Virgin Islands Puerto Rico 367

Construction Business Owner

AUGUST 26, 2013

Supreme Court.'

Subcontracting 120

Subcontracting Virginia Texas Contractors 120

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.

Contract 77

Contract Subcontracting Drafting Virginia 77

NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? 2d 680 (2005), construing West Virginia law, held that it was. I promised elaboration on this question in an earlier blog (# 8).

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Constructlaw

APRIL 11, 2023

The subcontract contained a pay-if-paid clause that made the city’s payment to Dewberry a condition precedent to Dewberry’s obligation to pay Entech. Despite a Virginia choice-of-law clause in the subcontract, Entech argued New York law applied, and the enforcement of the pay-if-paid provision violated New York public policy.

Lien 52

Lien Subcontracting New York Inspections 52

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.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Best Practices Construction Law

DECEMBER 6, 2013

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.

Virginia 48

Virginia Texas Subcontracting Construction 48