by Kent Holland | Dec 17, 2014 | Newsletter Article, pay when paid
By J. Kent Holland, Esq. ConstructionRisk Counsel, PLLC Subcontracts may state that the subcontractor will be paid when the prime contractor is paid, or that the subcontractor will be paid only if the prime contractor is paid, and still others state that payment of...
by Kent Holland | Jun 5, 2012 | Newsletter Article
By Suzanne H. Harness, J.D., AIA An article published in Engineering New-Record (ENR) on May 14, 2012 under the title “Fee Holdback Raises Eyebrows” has indeed drawn attention. The article explains that the design-build team on a U.S. General Services Administration...
by Kent Holland | Jan 12, 2012 | Newsletter Article
A “pay-if-paid” clause was enforceable to deprive a subcontractor (Sub) to sue the general contractor (GC) for withheld retainage where the project owner, a condominium developer, failed to pay the balance it owed to the general contractor which would have included...
by Kent Holland | Jul 25, 2011 | Newsletter Article
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...
by Kent Holland | Feb 9, 2011 | Newsletter Article
EVERY SUBCONTRACTOR has had to deal with slow payment by general contractors who claim that it’s not their fault – the customer hasn’t paid them and, in a slow economy, this refrain is heard more and more frequently. As sympathetic as the sub might feel, the...
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