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...
Where a pay when paid clause in a construction subcontract unambiguously states that the subcontractor will only be paid for its work after the prime contractor has been paid by the project owner, the clause was ambiguous due to incorporation of the AIA form prime...
Where a contractor executed a contract before having its license and then obtained the license shortly after performance began, the contractor forfeited all right to payment for either the work performed before licensure or the work performed after licensure. Under a...
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...
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;...
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...
Where a contractor brought a claim against a project owner’s bank that was funding the project, based on allegations that the bank made promises to the contractor that funds were available and would be paid to the contractor to complete the project, summary judgment...
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