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| Page 1 of 8 | Previous | Next | CONSTRUCTION LAW MONITOR MARCH 9, 2012 Construction Contracts – Pay Now to Save Later Whether it be a public or private, commercial or residential, and no matter how large or small the project or contractor, the first question I ask any potential client is – where’s the contract? The contract is the cornerstone of any construction project and eventual dispute. good construction contract will include: 1.The contractors registration number. ’ 3.A | CONSTRUCTION LAW MUSINGS NOVEMBER 18, 2011 Contractors – Make Someone Else Pay Your Attorneys’ Fees If you read Construction Law Musings regularly like I do, you’re already familiar with the concept of the construction contract as “king.” As a construction practitioner, I spend a lot of time reviewing construction contracts and talking to contractors, both large and small, about issues to be addressed in their contracts. Scott. So did earlier versions of the A201. 6-21.2. | | | | | | | CONSTRUCTION LIEN BLOG JUNE 17, 2013 Pay When Paid: Arizona 'See original article at Pay When Paid: Arizona. We’ve introduced pay when paid and pay if paid clauses in general , and started a state-by-state approach by discussing pay when paid clauses in Alabama. This post provides a more specific and in-depth look at pay when paid clauses in Arizona. Overview of Arizona Pay When Paid Clauses Through Argo. | CONSTRUCTION LAW MONITOR AUGUST 9, 2011 Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts Liberty Mutual Insurance Company (“Sloan ), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. PAY-IF-PAID & PAY-WHEN-PAID. The pay-if-paid discussion starts on page 9 and is defined as “a subcontractor gets paid by the general contractor only if the owner pays the general contractor for that subcontractor’s work. Further reading: California Pay-if-paid Wm. | | CONSTRUCTION LIEN BLOG MAY 2, 2013 Pay When Paid and Pay If Paid Clauses: An Introduction 'See original article at Pay When Paid and Pay If Paid Clauses: An Introduction Pay When Paid and Pay If Paid Clauses. Recently, I was tasked with undertaking a nationwide survey of “pay when paid” and “pay if paid” clauses in construction contracts. Why Do Pay When Paid and Pay If Paid Clauses Exist? | | | | | | | | | -
CONSTRUCTION LIEN BLOG | WEDNESDAY, JUNE 5, 2013 Pay If Paid Provisions Highlight Epic Payment Battle Between GCs and Subcontractors 'See original article at Pay If Paid Provisions Highlight Epic Payment Battle Between GCs and Subcontractors. McGreevy , a construction law attorney at Stinson Morrison Hecker, LLP, published an excellent article on pay-if-paid clauses in the May/June 2013 Building Profits magazine. Her analysis is an easy read (as far as legal articles go) because she fights the urge to rattle off a bunch of rules and contract language and instead focuses on the big picture fight behind these popular payment provisions. Lien Blog CFMA Featured Pay If Paid Pay When Paid Viewpoints MORE >> -
CONSTRUCTION LIEN BLOG | TUESDAY, MARCH 26, 2013 Pay When Paid: Virginia Revisited See original article at Pay When Paid: Virginia Revisited. Virginia courts take an interesting and unique approach regarding pay when paid clauses in construction contracts. 349 (1995) , and explained in a recent post , Virginia examines each pay when paid clause dispute on a case by case basis when the language of the contract is not explicitly clear. If the exact same contractual language can result in wildly different outcomes, no party to the contract can really be sure exactly to what it is that they are agreeing. As outlined by Galloway Corp. MORE >> -
CONSTRUCTION LIEN BLOG | MONDAY, JUNE 10, 2013 “Pay When Paid” and “Pay If Paid” Clauses in Alabama 'See original article at “ Pay When Paid” and “ Pay If Paid” Clauses in Alabama Pay When Paid and Pay If Paid Clauses in Alabama. Several weeks ago I wrote a post introducing undertaking a 50-state survey of “ pay when paid” and “ pay if paid” clauses. Thus, a closer look at how pay when paid clauses are applied by courts in individual states, such as Alabama, is certainly worthwhile. Pay When Paid Clauses in Alabama Private Contracts. Pay When Paid Clauses in Alabama Public Contracts. MORE >> -
MARKUP AND PROFIT | WEDNESDAY, AUGUST 18, 2010 Paying a Salesperson Aug 18 Paying a Salesperson Tweet Nothing happens until somebody sells something. If you employ a salesperson to help you sell something, for a profit, you need to pay them for their services. am a firm believer in paying sales people by commission, a percent of the gross sales price of the job. Paying salespeople an hourly wage or salary gives them an excuse to lie in bed in the morning. They can end up with little or no pay due to decisions outside their control. Straight commission based on gross sales is the best way to pay sales people. Great site. MORE >> -
BUILDERS COUNSEL | TUESDAY, MAY 24, 2011 A Hint For Subcontractors: Things To Look For In Your Contract Subcontractors should negotiate their contracts - don't just sign! few weeks back, I published an article on negotiating general contracts. The corpus of that post: “you can negotiate your contracts! Many attorneys will offer flat fee contract reviews. Here is a peak at some of clauses that should cause concern: Payment Conditions – By now, we have all heard of “ Pay if Paid and “ Pay When Paid and if you haven’t, please read this great article by Seattle attorney, John Ahlers. What about the subcontractors? MORE >> - The Social Contract GREEN GODDESS | MONDAY, SEPTEMBER 3, 2012
- Getting Paid In The Construction Industry: A War Between Policy, Contract And Tempers CONSTRUCTION LIEN BLOG | TUESDAY, MARCH 19, 2013
- Pay When Paid Clauses: Virginia’s Unique Interpretation CONSTRUCTION LIEN BLOG | MONDAY, MARCH 25, 2013
- Pay when Paid & Pay if Paid CONSTRUCTION LAW IN NC | THURSDAY, JANUARY 6, 2011
- Construction Contracts: Wally Zimolong Explains What You Need To Know CONSTRUCTION LIEN BLOG | FRIDAY, DECEMBER 7, 2012
- Litigation Topics for Prime / Subcontractor Contracts CONSTRUCTION LAW MONITOR | WEDNESDAY, NOVEMBER 2, 2011
- Yet Another Reason That Your Contract Matters CONSTRUCTION LAW MUSINGS | MONDAY, JANUARY 16, 2012
- More on Fraud, Opinions and Contracts CONSTRUCTION LAW MUSINGS | MONDAY, MAY 9, 2011
- Contract Necessities: Don’t Leave Home Without ‘Em! CONSTRUCTION LAW MUSINGS | FRIDAY, JUNE 10, 2011
- Pay-If-Paid Clauses: Unfairness in Private Construction? CONSTRUCTION LAW MUSINGS | FRIDAY, APRIL 12, 2013
- Money Saving Tip #23 – Paying Subs MARKUP AND PROFIT | MONDAY, DECEMBER 6, 2010
- Promises To Pay Mean Squat To Your Lien Deadlines CONSTRUCTION LAW MONITOR | MONDAY, OCTOBER 18, 2010
- How To Get Paid If Your Customer Is Waiting On Payment CONSTRUCTION LIEN BLOG | WEDNESDAY, JANUARY 23, 2013
- Can Pay When Paid Clauses Destroy Your Mechanics Lien or Bond Claim Rights? CONSTRUCTION LIEN BLOG | TUESDAY, MAY 22, 2012
- Money Saving Tip #29 – Use Solid Contract Language MARKUP AND PROFIT | MONDAY, DECEMBER 27, 2010
- Ditch The Same Old Contract: General Contractors Can Benefit From. BUILDERS COUNSEL | WEDNESDAY, DECEMBER 15, 2010
- Aarow Equipment v. Travelers- An Update CONSTRUCTION LAW MUSINGS | MONDAY, NOVEMBER 28, 2011
- A Catch-22: Pay When Paid Clauses Do Not Extend the Lien Period CONSTRUCTION LAW MONITOR | WEDNESDAY, JUNE 16, 2010
- Three Things Credit Managers Need To Know About Pay When Paid Clauses CONSTRUCTION LIEN BLOG | FRIDAY, FEBRUARY 8, 2013
- Save A Legal Fee? Sometimes You Better Talk With Your Construction Attorney BUILDERS COUNSEL | TUESDAY, MAY 1, 2012
- Thoughts on Massachusetts Prompt Pay Law CONSTRUCTION LAW MUSINGS | MONDAY, DECEMBER 24, 2012
- How To Prepare For A Non-Paying Project CONSTRUCTION LAW MONITOR | WEDNESDAY, SEPTEMBER 29, 2010
- Money Saving Tip #13 – Present contracts in person MARKUP AND PROFIT | MONDAY, NOVEMBER 1, 2010
- California Legislature Further Helping Subcontractors CONSTRUCTION LAW MONITOR | FRIDAY, AUGUST 24, 2012
- Where Mechanic's Liens and Contracts Collide | Construction Law. CONSTRUCTION LAW MUSINGS | MONDAY, MARCH 21, 2011
- Why Customers Don’t Pay And What To Do When It Happens CONSTRUCTION LIEN BLOG | MONDAY, JANUARY 7, 2013
- How should you hire (and pay) for your sales representatives? CONSTRUCTION MARKETING IDEAS | MONDAY, DECEMBER 19, 2011
- How To Prepare For A Non-Paying Project CONSTRUCTION LIEN BLOG | WEDNESDAY, SEPTEMBER 15, 2010
- Creative Options To Secure A Party’s Promise To Pay CONSTRUCTION LIEN BLOG | WEDNESDAY, OCTOBER 17, 2012
- Missed Your Lien Deadline – What Now? CONSTRUCTION LAW MONITOR | FRIDAY, MAY 3, 2013
- Changes To Indemnification Statute Are Here! Say Hello To Defense Duties BUILDERS COUNSEL | THURSDAY, JUNE 14, 2012
- No Prompt Pay Law? Washington Construction Law Lacks Prompt. BUILDERS COUNSEL | TUESDAY, JANUARY 18, 2011
- New Washington Law Nixes Unfair Indemnification in Construction Contracts BUILDERS COUNSEL | TUESDAY, APRIL 24, 2012
- Common Contract Provisions to Avoid and Prepare for Collections. CONSTRUCTION LAW MONITOR | MONDAY, APRIL 19, 2010
- Public Contract Bonds and Contract Price Increases CONSTRUCTION LIEN BLOG | WEDNESDAY, APRIL 24, 2013
- Always Get Your Change Orders in Writing CONSTRUCTION LAW MUSINGS | MONDAY, DECEMBER 19, 2011
- Payment Incentives: The Key to Motivating Customers to Pay on Time CONSTRUCTION LIEN BLOG | THURSDAY, MAY 9, 2013
- Construction Change Order Provisions- Sword and Shield? CONSTRUCTION LAW MUSINGS | FRIDAY, MARCH 23, 2012
- £21M Pay Out After Birdcage Scaffolding Deemed The Cause Of Massive Fire SCAFFMAG | MONDAY, FEBRUARY 25, 2013
- Problems Using One Contract in Multiple States | Monitoring. CONSTRUCTION LAW MONITOR | THURSDAY, APRIL 15, 2010
- Supreme Court: Out of State Materials Sellers May Pay Washington. BUILDERS COUNSEL | THURSDAY, JANUARY 20, 2011
- Priorities People! GREEN GODDESS | WEDNESDAY, OCTOBER 10, 2012
- Yes, Virginia, Contract Terms Do Matter: Financing Term Offers. CONSTRUCTION LAW MUSINGS | FRIDAY, SEPTEMBER 25, 2009
- Careful! Your contract may create uninsurable loss CONSTRUCTION LAW IN NC | WEDNESDAY, DECEMBER 8, 2010
- Why You Need to Pay Attention to Social Media Right Now! DARREN SLAUGHTER | WEDNESDAY, MARCH 23, 2011
- Reminder: Pay if Paid Not All Encompassing (but Could it be. CONSTRUCTION LAW MUSINGS | MONDAY, APRIL 4, 2011
- Lien Notice in the Mailbox? Prevent Yourself From Paying Twice BUILDERS COUNSEL | FRIDAY, JULY 22, 2011
- Contractors – Know Your State’s Consumer Protection Laws CONSTRUCTION LAW MUSINGS | FRIDAY, FEBRUARY 15, 2013
- When a Subcontractor Should Walk Away CONSTRUCTION LAW MUSINGS | FRIDAY, SEPTEMBER 7, 2012
- Contractors Need To Know About Data Management – Or Pay A Serious Price BUILDERS COUNSEL | TUESDAY, JULY 31, 2012
- New Legislation Could Change How Contractors File and Pay Taxes CONSTRUCTION LAW MONITOR | THURSDAY, JUNE 2, 2011
- Run a Job Smoothly- And Turn a Profit Doing It CONSTRUCTION LAW MUSINGS | FRIDAY, OCTOBER 7, 2011
- Yes, Property Owners Can Be Forced To Pay For Construction Work Twice CONSTRUCTION LIEN BLOG | FRIDAY, AUGUST 10, 2012
- 14 Scaffolders sacked over pay rates SCAFFMAG | SUNDAY, OCTOBER 2, 2011
- Get What You Pay For | Construction Law Musings- Richmond, VA CONSTRUCTION LAW MUSINGS | FRIDAY, FEBRUARY 19, 2010
- Can Contract Time Can Increased By Oral Agreement? CONSTRUCTION LAW MONITOR | WEDNESDAY, APRIL 28, 2010
- Got A Union? Get a Job GREEN GODDESS | SUNDAY, MARCH 24, 2013
- Termination, Warranty Claims and Back Charges CONSTRUCTION LAW MUSINGS | FRIDAY, SEPTEMBER 28, 2012
- Law Changes: Mandate Attorney’s Fees in Foreclosure Actions and Higher Interest in Contract Claims Against Local Government KMDA LEGAL | WEDNESDAY, MAY 2, 2012
- Plain Meaning Can Be a Bear CONSTRUCTION LAW MUSINGS | TUESDAY, JUNE 28, 2011
- Money Saving Tip #21 – Employee Bonuses MARKUP AND PROFIT | MONDAY, NOVEMBER 29, 2010
- Navy and Marine Corp Go LEED Gold – But Not Until 2013 BUILDERS COUNSEL | TUESDAY, MAY 17, 2011
- Uninsurable & Unfair Indemnification: How Can We Stop It? BUILDERS COUNSEL | WEDNESDAY, JUNE 8, 2011
- Liquidated Damages: what, when, & why CONSTRUCTION LAW IN NC | THURSDAY, SEPTEMBER 30, 2010
- Contractors Prepare: 2013 Hurricane Season CONSTRUCTION LAW MONITOR | THURSDAY, JUNE 6, 2013
- Top Five Surety Bond Misconceptions CONSTRUCTION LAW MONITOR | WEDNESDAY, OCTOBER 19, 2011
- You Shall Take a Fixed Salary. MARKUP AND PROFIT | WEDNESDAY, MARCH 30, 2011
- Money Saving Tip #27 – Employee Reviews MARKUP AND PROFIT | MONDAY, DECEMBER 20, 2010
- 5 Tips for Writing a Construction Contract CONSTRUCTION LAW MONITOR | MONDAY, MARCH 28, 2011
- The Lien Notice: Yes, You Can Pay Twice For Your Construction Work BUILDERS COUNSEL | MONDAY, JANUARY 9, 2012
- One Heck of a Staff: Check Out This Webinar on Funding Green Cities BUILDERS COUNSEL | FRIDAY, MAY 13, 2011
- Money Saving Tip #1 – Delivering Material to the Job Site MARKUP AND PROFIT | MONDAY, SEPTEMBER 20, 2010
- Do you Act or React? MARKUP AND PROFIT | TUESDAY, JANUARY 11, 2011
- UPDATE: 14 Scaffolders sacked over pay rates SCAFFMAG | TUESDAY, OCTOBER 4, 2011
- Be Wary of “Gentlemen's Agreements” in Construction | Construction. CONSTRUCTION LAW MUSINGS | FRIDAY, AUGUST 6, 2010
- General Contractors Must Plan to Limit Liability for Subcontractor Injury BUILDERS COUNSEL | WEDNESDAY, MAY 11, 2011
- 21st Century Gold Rush GREEN GODDESS | SUNDAY, NOVEMBER 18, 2012
- Money Saving Tip #31 – Clear Pricing on Change Work Orders MARKUP AND PROFIT | MONDAY, JANUARY 3, 2011
- Money Saving Tip #34 – Review Change Work Order Language MARKUP AND PROFIT | WEDNESDAY, JANUARY 12, 2011
- Withholding Tax Relief Act Would Repeal Harsh Government Contract. BUILDERS COUNSEL | FRIDAY, MARCH 18, 2011
- Chinese Drywall Remediation Redux CONSTRUCTION LAW MUSINGS | FRIDAY, OCTOBER 14, 2011
- How Managed Services Can Boost Profit Margins THE SMART VAN | WEDNESDAY, SEPTEMBER 19, 2012
- Time Limitations and Continuing Contracts in Missouri CONSTRUCTION LIEN BLOG | MONDAY, AUGUST 27, 2012
- Is Moving Away from Construction Bonding Requirements a Good Idea? CONSTRUCTION LAW MUSINGS | MONDAY, JULY 25, 2011
- Money Saving Tip #30 – Ask Lots of Questions MARKUP AND PROFIT | WEDNESDAY, DECEMBER 29, 2010
- Make Sure You Can Collect that Final Payment MARKUP AND PROFIT | THURSDAY, DECEMBER 16, 2010
- Money Saving Tip #14 – Make them think MARKUP AND PROFIT | WEDNESDAY, NOVEMBER 3, 2010
- No Recoupment Defense to Supplier’s Miller Act Claim CONSTRUCTION LAW MUSINGS | MONDAY, MAY 16, 2011
- File, File, Wherefore Art Thou File CONSTRUCTION LAW MUSINGS | FRIDAY, FEBRUARY 10, 2012
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