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Subcontractors Contract Negotiations

Venable LLP

Federal Subcontractors Beware: The Workshare Provision in Your Subcontract May Not Apply When the Government Increases the Value...

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A recent decision from the Court of Appeals of Virginia may have companies doublechecking the workshare terms in their subcontracts. The Court held that a subcontractor's 40 percent workshare only applied to the $70 million...more

Fisher Phillips

4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

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Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration...more

PilieroMazza PLLC

Subcontract Flow-Down Provisions: Constructive Acceleration and Delays on Federal Projects

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A contractor’s claims against the government for constructive acceleration and delays are governed, in part, by the applicable clauses of the Federal Acquisition Regulations (FAR) incorporated into its contract with the...more

Sheppard Mullin Richter & Hampton LLP

SBA Annual Scorecard Shows Federal Government Continues to Prioritize Small Business Contracting

The U.S. Small Business Administration (“SBA”) recently released its annual Procurement Scorecard, demonstrating the federal government’s continued prioritization of small business contracting and subcontracting. In 2021, the...more

Robinson+Cole Construction Law Zone

Subcontract Payment Provisions Mean Exactly What They Say in Connecticut

The recent Connecticut Appellate Court decision in Electrical Contractors, Inc. v. 50 Morgan Hospitality Group, LLC, 211 Conn. App. 724 (2022), eliminated any remaining doubt regarding a subcontractor’s right to payment for...more

Snell & Wilmer

Unintended Consequences of Incorporating Subcontractor’s Proposals in the Subcontract

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Contractor and subcontractor negotiations often lead to contract terms and language being incorporated into the subcontract agreement, which then leads to surprising results when issues arise. These results often occur when...more

Sherman & Howard L.L.C.

[Event] Annual Construction Law Seminar for Colorado Businesses - Latest Legal Developments Facing the Industry - March 4th,...

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This program is ideal for general contractors, subcontractors, real estate...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Payment Terms: A Trap for the Unwary - July 20th, 12:00 pm - 1:00 pm ET

As everyone in the construction industry knows, timely payment is essential. However, the payment process can be complicated, with unexpected issues throwing plans off course. In their second webinar of 2021, Cohen...more

Sherman & Howard L.L.C.

[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate...more

Jaburg Wilk

Five Clauses to Watch Out for In Your Construction Subcontract

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Construction is booming in Arizona. There continues to be plenty of work for subcontractors as many general contractors do not self-perform the work. Your company submits a bid for a project and your bid wins! Time to get to...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Teaming, Joint Ventures and the Mentor Protégé Programs - October 14th,...

Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Key Considerations in Federal Subcontracting - September 16th, 12:00 pm -...

Obermayer is excited to introduce its new  “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more

Moritt Hock & Hamroff LLP

Flow-Down Clauses To Subcontractors: What Actually Flows?

Subcontractors must pay close attention to provisions in their subcontract that refer back to terms in the prime contract. These provisions are commonly referred to as "flow-down" clauses. Most subs are, of course, familiar...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Unfair retainage

Dear YouDig?, We are finishing up a contract to start a piece of a big project. The owner is pushing for a 10 percent retainer of all of our payments. It does not seem fair as most of our costs are front loaded and most of...more

Cohen Seglias Pallas Greenhall & Furman PC

Contractual Notice Requirements: Do You Really Need Them?

Presented by Cohen Seglias Partners John A. Greenhall and Lisa M. Wampler on February 12, 2019. A critical element of protecting the assets of your company is learning how to lessen or eliminate commercial risk through the...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Construction Defects: Lessons Learned - November 13th, 12:00pm ET

Construction defect cases are complex matters with issues that may ripple through all players on a project. In this webinar, Cohen Seglias attorneys Lane Kelman and Matt Skaroff will define what constitutes a construction...more

PilieroMazza PLLC

The Climb to Enforce Your Teaming Agreement in Virginia Has Gotten Steeper

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A few years ago, we wrote about the likely effect of a case commonly called “Cyberlock” on teaming agreement enforceability in Virginia. Cyberlock Consulting, Inc. v. Info. Experts, Inc., 939 F. Supp. 2d 572, 580 (E.D. Va....more

Troutman Pepper

When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an...

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Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims...more

BakerHostetler

Teaming Agreements Under Fire: Decision Chips Away at the Enforceability of Teaming Agreements

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In recent years, federal and state courts in Virginia have slowly chipped away at the ability of teaming partners to enforce what they presumed were contractual rights against one another; however, these courts have left open...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Critical Considerations When Drafting and Negotiating Federal Government Subcontracts - July 17th, 1:00pm ET

Join Cohen Seglias Federal Contracting attorneys Maria Panichelli and Micahel Richard for their Lawline Continuing Legal Education (CLE) webinar, "Critical Considerations When Drafting and Negotiating Federal Government...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Construction One-Minute Read: The Unbearable Lightness of Being an Additional Insured

The “additional insured” provision is one of the most critical provisions in a contract, yet is usually an afterthought. Contract negotiations over scope, schedule, and budget can and should demand your full attention, but...more

Snell & Wilmer

Under Construction - March 2016

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Welcome to the first edition of our Under Construction newsletter for 2016. Indemnity laws and clauses are a big part of construction contracts. They can make or break a project. Defend and indemnify obligations have the...more

PilieroMazza PLLC

PilieroMazza Legal Advisor - Second Quarter 2015

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In This Issue: - Subcontracting Plans: How Implementing Best Practices Now Can Save You Headaches Down the Road - Recent ASBCA Decision Opens Door to New Approach for Contractors Negotiating Collective...more

PilieroMazza PLLC

Protecting Your Prime and Subcontract or Strategic Relationship

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In this presentation: - Negotiating A Definitive Work Share Clause - In Teaming Agreements - In Subcontracts - Clauses Requiring Escrow Accounts To Ensure Prompt Payments - Terminations ...more

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