As many in the construction industry are aware, owners and lenders often require prime contractors, subcontractors, and suppliers to execute sworn statements and lien waiver and release forms as a prerequisite to payment....more
Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised,...more
Pay when paid clauses are common in the construction industry. A typical pay when paid clause sounds something like this: “Prime Contractor will not pay Subcontractor until Prime Contractor receives payment from Owner.” ...more