Virginia has joined 11 other states that have expressly prohibited “pay if paid” clauses in construction contracts. If you have construction projects in Virginia, then read on. If you want know whether your state prohibits...more
6/15/2022
/ Condition Precedent ,
Construction Contracts ,
Construction Project ,
Contract Terms ,
Contractors ,
New Legislation ,
Pay if Paid ,
Pay When Paid ,
Prompt Payment ,
Regulatory Reform ,
Subcontractors ,
Virginia
North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids. And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to...more
In VVM Builders, LLC v. Atkins Construction Group, LLC, No. CV195021541S (Oct. 31, 2019), the Superior Court of Connecticut squarely addressed this precise issue in a case involving a change order dispute between a contractor...more
11/26/2019
/ Arbitration ,
Arbitration Awards ,
Change Orders ,
Construction Contracts ,
Construction Disputes ,
Construction Project ,
Contract Terms ,
Damages ,
General Contractors ,
Invoices ,
Motion to Confirm ,
Notice and Demand For Payment ,
Subcontractors
As you may be aware, one of the greatest risks on a construction project involves the payment process. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a...more
Given the amount of leftover Halloween candy in our house, you bet that I can make some deals with my kiddos: “If you do this, I will give you some candy” … or … “If you don’t stop doing this … I won’t give you any candy.”...more
11/6/2019
/ Construction Contracts ,
Construction Disputes ,
Construction Project ,
Contract Terms ,
Delay Claims ,
General Contractors ,
Non-Payment Clauses ,
Prompt Payment ,
Retainage ,
Statutory Violations ,
Subcontractors
Do you think that there is a difference between “furnishing” labor and “performing” labor? (Is there a difference between Godiva chocolate and Palmer’s?) Well, the Court of Civil Appeals of Oklahoma recently held that...more
Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities. The winning team is the one that guesses the most phrases. Reading and understanding an...more
Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please...more
6/22/2016
/ Business Disruption ,
Condition Precedent ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Delay Claims ,
General Contractors ,
No Damage For Delay ,
Notice Provisions ,
NY Supreme Court ,
Public Contracts ,
Subcontractors
Construction labor is always in the news. Last month, I wrote an article for the Nashville Business Journal challenging industry leaders on how to respond to the shortage of skilled labor in the area. Recently, the U.S....more
I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In the post, I talked...more