Don Gregory, Eric Travers, Mike Madigan, Stephanie P. Union, and Timothy Kelley | Kegler Brown Hill + Ritter | October 27, 2016 Bonding companies often argue that payment is not yet due under a payment bond because of “pay if paid” clauses, alternative dispute resolution (“ADR”) requirements, or other provisions of subcontracts that purport to… Continue reading Bonding Company on Hook for Payment Bond Claim Even When Dispute Resolution Efforts Not Initiated by Sub
Tag: construction contracts
The Dotted Line: 5 of the Most Commonly Misinterpreted Terms in Construction Contracts
Kim Slowey | Construction Dive | October 4, 2016 People are fallible, and misunderstandings are a part of life. Construction work is no exception. However, when it comes to construction contracts, time and money are at stake. A lack of legal background is, of course, one of the primary drivers behind misinterpretations, but there’s also… Continue reading The Dotted Line: 5 of the Most Commonly Misinterpreted Terms in Construction Contracts
Despite (or Because of) Extensive Negotiations, No Contract and No Promissory Estoppel
Stephen M. Proctor | Masuda Funai Eifert & Mitchell Ltd. | July 11, 2016 A common scenario involves two parties involved in intense and prolonged negotiations that one party feels resulted in an enforceable contract, but the other party does not. One of the most notorious examples of this scenario was the acquisition of Getty… Continue reading Despite (or Because of) Extensive Negotiations, No Contract and No Promissory Estoppel
Drafting Enforceable Termination for Convenience Clauses
John Benjamin Patrick | Gordon & Rees LLP | July 13, 2016 We all know what purpose a termination for convenience clause is supposed to serve: if circumstances have changed such that the owner (or, in the case of a subcontract, the general contractor) believes it is no longer advisable to proceed, the contract is… Continue reading Drafting Enforceable Termination for Convenience Clauses
Forum-Selection Clauses in Construction Contracts – After Atlantic Marine
Jeffrey R. Appelbaum, Daniel M. Haymond, Erin Luke and Bill Thrush | Thompson Hine LLP | July 11, 2016 Key Notes: Atlantic Marine ruled that forum-selection clauses in construction contracts will control in all but the most exceptional cases In some states, forum-selection clauses are invalid if they require litigation in a jurisdiction other than… Continue reading Forum-Selection Clauses in Construction Contracts – After Atlantic Marine