Contract Guide for Design Professionals – 6

Contract Guide for Design Professionals – module 6 of 9. This a registered AIA Continuing Education course, which can be taken for credit.  Discussion of the following contract clauses is included: Owner’s Responsibility, Substitution of Equipment and...

De Facto Takeover: Are a Surety’s Rights Protected?

By Michael J. Carrato, Esq. A Miller Act surety needs to be aware of certain notice requirements if it decides to take over performance for its principal on a federal construction contract.  Informal or “constructive” notice that a surety intends to take over...

Do You Really Want to Cash that Check?

Everyone involved in construction contracts is concerned about payment.  Owners generally refuse to pay general contractors until they have secured lien releases; general contractors are hesitant to pay subcontractors until specific blocks of work have been completed;...

Accord and Satisfaction Language Barred Contract Claim

Where a statement was conspicuously contained in a letter transmitting a check for final payment to a contractor stating that the check will constitute full satisfaction of a contractor claim, a court held this to be an accord and satisfaction, barring the contractor...