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Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid

In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and...more

Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay

Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier...more

Enforceability of Pay-if-Paid Clauses in Construction Subcontracts: Mid-Atlantic Region

Pay-if-paid clauses are conditional payment provisions regularly included in construction subcontracts. The intent of these clauses is to shift the risk of loss from a prime contractor to its subcontractors by making a...more

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