Petar Angelov | Bradley Arant Boult Cummings A “pay-if-paid” provision typically makes payment by an owner to a general contractor a condition precedent to the general contractor’s obligation to pay a subcontractor for work the subcontractor has performed. In the recent decision of Helix Electric of Nevada, LLC v. APCO Construction, Inc. (related to the case above),… Continue reading Nevada Supreme Court Holds that Pay-If-Paid Provisions Require a Case-By-Case Analysis to Determine Their Enforceability
Month: November 2022
“Time is of the Essence” – or is it?
Alayna Bridgett and Sonja Rice | Hahn Loeser & Parks It seems that almost every construction contract contains a clause proclaiming that “time is of the essence.” But what exactly does that clause mean? And why is it important? Or is it? The phrase “time is of the essence” means that timely performance is an essential… Continue reading “Time is of the Essence” – or is it?
A Trivial Case
Garret Murai | California Construction Law Blog Construction defect cases leading to physical injury are rarely trivial, at least in the eyes of the injured party, but alas sometimes they are as the next case, Nunez v. City of Redondo Beach, 81 Cal.App.5th 749 (2022), demonstrates. The Nunez Case Monica Nunez, Vice President of Finance and… Continue reading A Trivial Case
The Independent Tort Doctrine (and its Importance)
David Adelstein | Florida Construction Legal Updates A non-construction case raises an important legal principle. Here it is because it applies to construction disputes. It actually applies to many business-type disputes. It is based on what is widely referred to as the independent tort doctrine: Florida law does not allow a party damaged by a breach… Continue reading The Independent Tort Doctrine (and its Importance)
Growing Prohibition On Pay-if-Paid Clauses: Virginia Joins North Carolina And South Carolina In Prohibiting Pay-if-Paid Clauses
Eric Biesecker and Jacob Farrell | Nexsen Pruet Imagine you are an electrical subcontractor working in Virginia for a general contractor on a commercial project. Because you perform electrical work, much of your scope falls after framing and roofing, and after the envelope for the structure is dried-in. All the predecessor work leads to countless… Continue reading Growing Prohibition On Pay-if-Paid Clauses: Virginia Joins North Carolina And South Carolina In Prohibiting Pay-if-Paid Clauses