Natalie Dolce | GlobeSt.com | April 6, 2016 Under classic contract law, if a party breaches a contract, in most cases only the parties to the agreement have the right to enforce its terms. However, courts are increasingly granting third parties the right to enforce a contract, even when they are a stranger to said… Continue reading How To Protect Yourself Against Surprise Parties To Contracts
Tag: Construction Contract
Withholding Less Retainage ≠ Release of Retainage; No Prompt Pay Act Violation
Stan Martin | Commonsense Construction Law LLC | March 31, 2016 Sometimes a construction contract allows for the amount of retainage being withheld by the owner to reduce, once the project is more than half complete. For instance, retainage that starts at 10% may reduce, at the halfway mark, to 5% being withheld thereafter. A… Continue reading Withholding Less Retainage ≠ Release of Retainage; No Prompt Pay Act Violation
Think that Liquidated Damages Provision you just agreed to is Unenforceable? Think Again
Patricia L. Seifert and Chelsea Croy Smith | Tucker Ellis | March 14, 2016 In the construction industry, owners and developers often rely upon per diem (“per day”) liquidated damages provisions to ensure that projects are completed on time. These provisions typically require the contractor to pay “x” dollars per day for each day that… Continue reading Think that Liquidated Damages Provision you just agreed to is Unenforceable? Think Again
Failure to Follow Claims Procedure was an Irrevocable Waiver of the Claim
Stan Martin | Commonsense Construction Law LLC | February 3, 2016 Consider this sentence: “courts cannot decide cases of contract interpretation on the basis of what is just or equitable.” Contractors are reminded, via an Ohio Court of Appeals decision, that claim deadlines and waiver language will be applied when the contractor is late in… Continue reading Failure to Follow Claims Procedure was an Irrevocable Waiver of the Claim
Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work
Jasmine K. Gardner | Bradley Arant Boult Cummings | January 25, 2016 In yet another case from Massachusetts, the Massachusetts Appeals Court in Acme Abatement Contractor, Inc. v. S&R Corp. found that a general contractor was justified in not paying its subcontractor, even after the subcontractor had performed the majority of its work, because of… Continue reading Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work