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 | May 24, 2023 | Newsletter Article
Where subcontractor executed a contract containing a pay-if-paid provision, the contractor subsequently used that clause as a basis to refuse paying for work performed by that sub because the project owner refused to pay the Prime for that same work. In New Jersey no...
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 | Jan 26, 2021 | Newsletter Article
Where a general contractor failed to pay its subcontractor and used the pay-if-paid clause of the subcontract as the reason for not making payment, the Supreme Court of Nevada held that the contract provision was not per se void and unenforceable in light of the...
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