Katherine E. Kohm | The Dispute Resolver | June 23, 2016 Within the last month, two decisions with two outcomes were issued concerning “pay-if-paid” provisions. Observe that a “pay-if-paid” provision is a true condition precedent in that a general contractor is not required to pay its subcontractor unless and until it receives payment from the owner. A different result flows… Continue reading Pair of Cases Concerning Pay-if-Paid Provisions
Tag: construction contracts
Revisiting Condominium Design and Construction Risks: Applying Lessons Learned to a Rekindled Market
Jeffrey R. Appelbaum, Daniel M. Haymond, Ross C. Eberlien and Bill Thrush | Thompson Hine LLP | June 9, 2016 Key Notes: Contract law protections have softened with time, creating an even greater need for architects and contractors to manage risk Condominium design and construction present unique issues for architects and contractors that can be… Continue reading Revisiting Condominium Design and Construction Risks: Applying Lessons Learned to a Rekindled Market
Concurrent Delay: Clearing Up the Confusion Over “Apportionment” in Construction Litigation
Joseph E. Finley, Andrew D. Ness, Kevin O’Brien, Esha Mankodi, Christopher N. Thatch and Elizabeth M. Walsh | Jones Day | May 2016 Whether a period of concurrent delay properly may be “apportioned” between the parties to a construction contract was a key issue recently in a major construction dispute. Jones Day represented the owners… Continue reading Concurrent Delay: Clearing Up the Confusion Over “Apportionment” in Construction Litigation
Critical Amendments to Minnesota’s Prompt Payment and Retainage Laws
Bob Huber and Stephen Schemenauer | Stinson Leonard Street LLP | May 23, 2016 The Minnesota legislature recently passed a bill significantly amending Minnesota’s prompt payment statute. The revised statute specifically authorizes contractors and subcontractors of any tier to stop work if they are not paid within 10 days after an undisputed payment is due.… Continue reading Critical Amendments to Minnesota’s Prompt Payment and Retainage Laws
Perilous Provisions in Construction Agreements
James T. Dixon, P. Wesley Lambert and Amanda M. Leffler | Brouse McDowell | May 13, 2016 You’ve completed an accurate take-off. You’ve priced all the material and equipment needs. You’ve estimated your general conditions. You’ve lined up the necessary subcontractors. And now you’ve been awarded the contract. What comes next often seems like just… Continue reading Perilous Provisions in Construction Agreements