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Payment Terms Real Estate Development

Burr & Forman

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

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What’s a goocher?  If you saw the movie, Stand By Me, then you know exactly what I mean.  And there are times when parties to a construction contract face a goocher. ...more

Gray Reed

Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool

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In these unprecedented times, every bit of revenue is critical to the continued operation of nearly every business operating within the construction industry. Fortunately, there are a myriad of remedies to aide collection...more

Burr & Forman

Not Just An Old Wives’ Tale: Negotiating “Paid In Full” Check Binds Contractor

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Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of whatever was owed. But I have never...more

Jones Day

Security of Payment Legislation in Australia

Jones Day on

Australia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projects and observed that the fallout is likely to give rise to...more

Troutman Pepper

Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

Troutman Pepper on

On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint in California federal court alleging that Sea World is withholding over $3.2...more

Hogan Lovells

No pain, no gain – English court finds that interim payments under a joint venture contract should not be adjusted for cost...

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Construction companies entering into joint venture (JV) contracts should be cautious of entering into agreements where the responsibility for, and timing of cost overruns is not tightly specified, to avoid unexpected...more

Burr & Forman

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

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It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more

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