by Kent Holland | May 2, 2011 | Newsletter Article, pay when paid
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...
by Kent Holland | May 2, 2011 | Newsletter Article
Comment by Wade Bass – Baker Donelson, White House press secretary Jay Carney on April 20, noting that President Obama “is committed to improving our federal contracting system, making it more transparent and more accountable,” said that the President is drafting an...
by Kent Holland | May 2, 2011 | Newsletter Article
A sanction for spoliation (destruction) of evidence must be carefully considered to impose only such relief as is reasonably necessary to level the playing field between the plaintiff and defendant. Where a trial court barred a project owner from presenting expert...
by Kent Holland | May 2, 2011 | Newsletter Article
Where contractor entered into an oral contract with a real estate attorney to perform major renovations to the attorney’s new home which had previously been a small apartment building, the owner/attorney coxed the contractor (a friend who had performed work for him in...
by Kent Holland | May 2, 2011 | Newsletter Article
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...
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