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Construction Contracts Conditions of Payment Contract Terms

Jones Day

Significant Reforms on the Horizon for Security of Payment in Victoria’s Construction Industry

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Like similar regimes in other States, the Building and Construction Industry Security of Payment Act 2002 (VIC) (“Victorian SOPA”) was intended to reduce insolvency in the construction industry and enhance cash flow for...more

Bradley Arant Boult Cummings LLP

Right to Payment: Substantial Performance and Satisfaction

A recent opinion from the Court of Appeals of Texas provides clarification regarding a contractor’s right to payment where the adequacy of the work performed is challenged and an owner attempts to rely on a satisfaction...more

Buchalter

Double Take: Court Finds That Contractor Waived Owner’s Past (But Not Future) Payment Obligation Failures

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In Wickersham Construction and Engineering, Inc. v. The Town of Sudlersville, Maryland (Sept. 22, 2020), the United States District Court for the District of Maryland held that a construction contractor had waived certain...more

White & Case LLP

Construction contracts: vesting of title to goods

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When does title to goods transfer from a contractor to an employer? This can be a critical issue, especially when a party to a project has become insolvent. A recent English case considered this issue, and the application of...more

Jones Day

The End of the "Deemed Liability" Adjudication in Western Australia

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The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

Troutman Pepper Locke

Supreme Court of Wyoming Strictly Interprets a Conditional Payment Provision to Trigger Payment Only After GC and All of its Subs...

Troutman Pepper Locke on

P&N Invs. v. Frontier Mall Assocs., 2017 Wyo. LEXIS 62 (Wyo. 2017) - This payment dispute arose over conditional language in a lease agreement between a mall and a restaurant operator. P&N Investments (“P&N”) leased space...more

Jones Day

Projects Disputes in Australia: Recent Cases

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Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more

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