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April 22, 2019
An Alabama Court of Appeals has upheld a trial court’s decision: a subcontractor cannot recover its claim from the general contractor’s surety if the subcontract contains a contingent payment clause …
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December 22, 2017
Two Canadian Supreme Court decisions caught our attention this week; one in British Columbia and the other in Yukon Territory. Bryan Hicks and Peter Rubin, authors of Lien on Me: …
August 4, 2017
This should come as no surprise: mechanic’s lien and bond claim rights vary by state. Right? We remind you of this frequently. (It’s the reason that resources like The National …
July 28, 2017
In Holding the Surety’s Feet to the Fire – Recent Cases Confirm Subcontractor’s Rights to Maintain Miller Act and Little Miller Act Suits Despite Subcontract Pay-If-Paid Clauses and Prime Contract …
May 9, 2017
Download this flip book to learn more about Pay-If-Paid and Pay-When-Paid, including which states do/don’t enforce these clauses. “A contingent payment clause is a contractual provision that makes payment contingent …
March 31, 2017
If so, here are a few risk-reducing best practices from construction lawyer, Christopher G. Hill. In Hill’s blog post, A Quick Checklist for Subcontractors, he provides 5 recommendations for …
October 28, 2016
It’s a win for the material supplier! A recent Nevada court decision invalidated an unconditional lien waiver when the subcontractor’s check to the material supplier failed to clear, leaving the …
July 22, 2016
Contingent payment clauses can be confusing & frustrating. We’ve discussed these in the past, however, we have only discussed payment clauses as they pertain to various cases in the U.S. …
May 24, 2016
You supplied materials or services per the contract or purchase order, now your customer needs to pay for those materials and services. Just because they need to pay you doesn’t …
September 24, 2015
By Thomas G. Heintzman, O.C., Q.C., FCIArb Mr. Heintzman specializes in arbitration, mediation and civil litigation. He has been counsel in actions, arbitrations and appeals in Ontario, Newfoundland, Manitoba, British …
February 24, 2015
It’s hard to believe that two small words, with seemingly “useless, yet endless” functionality, can cause such a flurry of confusion and chaos. Though it’s true – “if” and “when” …
January 2, 2015
From Kegler Brown Hill & Ritter – “Ohio Supreme Court Enforces “Pay-if-Paid” Clause” The Ohio Supreme Court in Transtar Electric, Inc. v. A.E.M. Electric Services Corp., Slip Opinion No. 2014-Ohio- 3095 announced …
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