Walker M. Duke – Duke Law Office, P.C.

Pay When Paid Clauses: Be Sure You Get What You Bargained For

“Pay When Paid” contract clauses have become a fairly common tool used by general contractors to limit financial liability to subcontractors in the event of an owner’s insolvency. In a nutshell, they provide that a GC’s…more

| Commercial Law & Contracts, Construction Law

Liquidated Damages: Be Sure You Get What You Bargained For

Liquidated damage clauses can be an effective way to handle the uncertainty of delay damages in construction projects. To be valid, they typically must satisfy a two-part test, and they should not act as a penalty. For maximum…more

| Civil Remedies, Commercial Law & Contracts, Construction Law

The Limits of Limitation of Liability Clauses

Limitation of liability clauses ("LOLs") have been used for years to effectively limit the potential liability of design professionals, contractors, and others. What are the requirements for a valid limitation of liability…more

| Business Torts, Commercial Law & Contracts, Construction Law

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