Subcontractor Had Rights as Third Party Beneficiary Under Federal Government Contract
ConstructionRisk.com Report Vol. #13, Issue #8
See article in the following topic indices:
Federal Government Contracts,Payment Disputes,Subcontract Dispute,Third party beneficiary
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Where the federal government contracting officer issued a contract modification to the prime contract to require the government to issue a two-party check jointly to the prime and a subcontractor that had complained about not being paid, the subcontractor had rights against the government as a third party beneficiary when the government failed to issue [...]
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Battle of the Contract Forms: Subcontractor Bound to General Contract Terms
ConstructionRisk.com Report Vol. #13, Issue #4
See article in the following topic indices:
Battle of forms,Brand name or equal,Flow down,Incorporation by Reference,Specifications,Subcontract Dispute
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It is not uncommon to see disputes between prime contractors and their subcontractors concerning whether terms submitted with the subcontractor proposal or subcontract form will take precedence over the broader terms of the prime contract that are incorporated by reference into the subcontract. Where a wastewater treatment district specified certain holding tank liners by brand [...]
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Subcontractor Not Bound By Its Bid
Contract - Not Signed,Subcontract Bid,Subcontract Dispute
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A masonry subcontractor was not bound by its bid to the general contractor, despite the general contractor’s reliance upon it, since the subcontractor reasonably objected to terms and conditions of the written subcontract which it refused to sign. What was objectionable to the subcontractor was a time-of-the essence clause requiring it to meet a strict [...]
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