Pay-if-Paid Clauses: A Surety’s Defense for Payment Bond Claims?

Robert Cox | Williams Mullen | August 14, 2019 A construction project can be a breeding ground for general contractor versus subcontractor payment disputes. Whether it is payment for extra work subject to the project owner’s approval, slow pay or no pay by the project owner, and the general contractor has provided a payment bond,… Continue reading Pay-if-Paid Clauses: A Surety’s Defense for Payment Bond Claims?

Unintended Consequences With Modern Day Construction Documents – Typically, “The Devil is in the Details”

George M. Nicholos | Vandeventer Black | July 20, 2019 Whether this well-known proverb is attributed to French Novelist Gustave Flaubert or Modernist Architect Mies van der Rohe, the meaning is likely the same; costly mistakes usually originate in the details of a project. Faced with shrinking design budgets, one of the first corners cut… Continue reading Unintended Consequences With Modern Day Construction Documents – Typically, “The Devil is in the Details”

General Indemnity Agreement Can Come Back to Bite You

Christopher G. Hill | Construction Law Musings | August 12, 2019 I talk about payment bonds often here at Construction Law Musings.  I talk a bit less about performance bonds and even less about the General Indemnity Agreements (GIA) that are signed by companies and their principals as part of the agreement between a construction company and… Continue reading General Indemnity Agreement Can Come Back to Bite You

This Project Is Behind Schedule – What Is a Contractor to Do?

Michelle Litteken | PilieroMazza | August 6, 2019 Construction projects rarely, if ever, go precisely as planned. One of the most common issues government contractors face is falling behind schedule. A schedule is developed, and then the contractor is confronted with differing site conditions, changes, or a litany of other causes of delay. The contract… Continue reading This Project Is Behind Schedule – What Is a Contractor to Do?

Adopting Smart Contracts in Construction: What are the Practical and Legal Issues? – More Questions than Answers?

Mark Macaulay and Tracey Summerell | Dentons | August 2, 2019 The construction industry is starting to engage more widely with new and emerging technology like Building Information Modelling, drones and 3D printing. Various bodies are now working on the multitude of challenges that implementation of such “new tech” poses for the industry. (See, for… Continue reading Adopting Smart Contracts in Construction: What are the Practical and Legal Issues? – More Questions than Answers?