by Kent Holland | Mar 15, 2024 | Newsletter Article
Contractor’s delay of more than 90 days to pay subcontractor was per se unreasonable and the pay-when-paid clause was unenforceable to hold up payment. Subcontractor was entitled to recover attorneys fees incurred in litigating against the Contractor to recover what...
by Kent Holland | Mar 18, 2022 | Newsletter Article
This article presents how ConstructionRisk, LLC typically revises and redlines contracts to protect against unreasonable payment provisions, and unreasonable demands to perform redesign in the event that the project pricing comes in over budget. We begin with...
by Kent Holland | Mar 18, 2022 | Newsletter Article
Payment Provision Concerns in Design and Construction Contracts (New Video by Construction Risk, LLC) This 3 minute video by Kent Holland addresses Payment Provisions clauses including pay-if-paid, pay-when-paid, and cost estimates exceeded. These provisions in...
by Kent Holland | May 31, 2017 | Newsletter Article
Where a subcontract clause stated that the subcontractor agreed that the prime would not be responsible to make any payment to the Sub “unless and until [Prime] receives payment … from Owner of the project,” a Missouri appellate court found that the language was clear...
by Kent Holland | May 31, 2017 | Newsletter Article
A question sometimes arises as to whether a payment clause in a subcontract creates an absolute bar to subcontractor payment in the event an owner fails to pay the prime contractor or creates merely a time frame for paying the subcontract, thereby requiring payment...
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