Contractual Risk Shifting: Commercial Construction

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If you are engaged in general contracting and think you have shifted the risk of non-payment by the owner to your subcontractors you should review this article. At least in Texas, unless the contract makes it clear with express language that the risk is shifted, you might find that you are obligated to pay your subcontractors even if the owner doesn't pay you. Review your contracts and make sure that your language makes payment by the owner a condition precedent to your obligation to your subcontractors.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lawrence Wilson | Attorney Advertising

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