The Differences Between “Pay if Paid” and “Pay when Paid” Clauses in Construction Contracts

Stephen K. Pudner – January 15, 2013 As attorneys that draft construction contracts and litigate construction disputes on a regular basis, we have seen how construction contract terms are used in contracts and what the practical effects of these terms may be on the rights and obligations of parties to those contracts.  While a previous… Continue reading The Differences Between “Pay if Paid” and “Pay when Paid” Clauses in Construction Contracts

The Only Four Good Reasons to put Arbitration in Your Contract

Liz Kramer – January 4, 2013 Let’s say you are considering updating your form contract, or you are in the midst of negotiating a new contract with someone. Should you include mandatory arbitration for resolving any disputes? Assuming you have the choice, my view is you should only include arbitration if at least one of… Continue reading The Only Four Good Reasons to put Arbitration in Your Contract

Will your Indemnity Clauses be Unenforceable on January 1, 2013?

Bryan C. Jackson and Gregory Clark December 17 2012 Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your indemnity clauses may be held void and unenforceable. We are available to revise your commercial… Continue reading Will your Indemnity Clauses be Unenforceable on January 1, 2013?

Construction Trades find Protection in Shortened Statute of Limitations

John S. Higgins and Bonnie Lee Wolf – November 14, 2012 On September 28, 2012, the Ohio Revised Code 2305.06 was amended to reduce the statute of limitations from 15 years to 8 years. In the past, a contracting party had 15 years to file suit for breach of a written contract. For those in… Continue reading Construction Trades find Protection in Shortened Statute of Limitations

Understanding Arbitration Clauses In Contracts – Litigation, Mediation & Arbitration – United States

Sally Rogers Culley –  November 14, 2012 Contractual agreements often include clauses that require arbitration should a dispute arise. Sally Culley, a partner with Rumberger, Kirk & Caldwell has encountered instances where arbitration clauses did not fully consider the scope of potential disputes, often resulting in unforeseen outcomes. Here, from a litigator’s perspective, Sally answers… Continue reading Understanding Arbitration Clauses In Contracts – Litigation, Mediation & Arbitration – United States

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