News & Analysis as of

Condition Precedent General Contractors

Akin Gump Strauss Hauer & Feld LLP

A Strict Approach to Notices as a Condition Precedent to Entitlement: The Impact for Contract Drafters and International...

Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited handed down in the Hong Kong Court of Appeal has significantly elevated the fundamental importance of so-called...more

Troutman Pepper

Colorado Court of Appeals Finds Contractor Satisfied Conditions Precedent Under Performance Bond

Troutman Pepper on

Whiting-Turner Contracting Co. v Guar. Co. of N. Am. USA, 2019 BL 97923 (Colo. App. Mar. 21, 2019). This construction dispute involved rights and obligations under a performance bond supplied for an office building...more

Farrell Fritz, P.C.

Subcontractor Required to Strictly Comply with General Contractor’s Contractual Claim Provisions

Farrell Fritz, P.C. on

In construction, incorporating a “prime contract” by reference into a subcontract is commonplace. Recently the Courts have broadly construed such “incorporation” provisions, often to the detriment of subcontractors....more

Burr & Forman

Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Burr & Forman on

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please...more

Haight Brown & Bonesteel LLP

One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

Payment clauses in California construction contracts are often complex and multi-layered. This is especially true in contracts between general contractors and their subcontractors. The general does not want to pay the subs...more

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