Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

Christopher C. Broughton | ConsensusDocs Introduction The right to offset refers to the common sense ability to reduce or eliminate your payment obligations to a party who owes you money on another contract. With offsets, common law largely tracks common sense. The right of offset is recognized by statute and court decisions in many states… Continue reading Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

Accounting for Payments on Projects Became Even More Crucial This Year

Christopher G. Hill | Construction Law Musings I discussed several of the statutory changes affecting the construction industry here at Construction Law Musings in the run-up to July 1, 2020.  One of those changes, an amendment to Virginia Code Section 43-13, may add another arrow to the collection quiver of subcontractors and suppliers.  As part of the previously-linked… Continue reading Accounting for Payments on Projects Became Even More Crucial This Year

One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

David A. Harris | Haight Brown & Bonesteel, LLP | March 30, 2016 Payment clauses in California construction contracts are often complex and multi-layered. This is especially true in contracts between general contractors and their subcontractors. The general does not want to pay the subs until it receives funding from the owners. The subs, of… Continue reading One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

%d bloggers like this: