Kent B. Scott | Babcock Scott & Babcock Introduction. Contingent payment clauses provide parties involved in a construction project with a contractual method for determining who will absorb losses that may occur if the owner fails to pay for work performed on the project. In Utah, the law remains unsettled in this area, though some… Continue reading Contingent Payment Clauses in Utah “Deal or No Deal?”
Month: May 2020
Recent Court Decision Affects Enforceability of Pay-When-Paid Clauses
Mary A. Salamone | Procopio Cory Hargreaves & Savitch Construction contracts are exchanged so routinely that it is not uncommon for contractors to give the documents a quick glance or not even read them altogether before signing. Even when a contractor examines a contract thoroughly, legal terminology with profound impact may be overlooked. Since it… Continue reading Recent Court Decision Affects Enforceability of Pay-When-Paid Clauses
Can You Have a Virtual Mediation? The Answer Is Most Definitely Yes!
Hon. Lynn O’Malley Taylor (Ret.) | JAMS Let’s say you have just received an invitation to a virtual mediation. You really want to settle your case, but you have no experience with virtual mediations. You have so many questions: Will I understand how to use the virtual mediation platform? How easy is it to learn?… Continue reading Can You Have a Virtual Mediation? The Answer Is Most Definitely Yes!
Do We Still Need Retainage?
David K. Taylor | BuildSmart There have been debates for years about the pros and cons of owners withholding retainage (usually 5% or 10%, depending on each state’s retainage laws or local “industry standard”) from prime contractors. Typically, the primes will, in turn, withhold retainage from all subcontractors. However, in these crazy times, when the… Continue reading Do We Still Need Retainage?
Construction Wrap-Up Insurance Programs: Erecting a Solid Foundation, Part I
Dennis J. Artese, Finley T. Harckham and Luma S. Al-Shibib | Construction Executive In the construction industry, owner-controlled insurance programs (OCIPs) and contractor-controlled insurance programs (CCIP), also referred to as “wrap-ups,” commonly are used to provide insurance coverage for the owner, general contractor and subcontractors on a project. Under these programs, one set of insurance… Continue reading Construction Wrap-Up Insurance Programs: Erecting a Solid Foundation, Part I