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Pay-if-Paid Clauses: A Surety’s Defense for Payment Bond Claims?

A construction project can be a breeding ground for general contractor versus subcontractor payment disputes. Whether it is payment for extra work subject to the project owner’s approval, slow pay or no pay by the project...more

When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?

It is a common situation in the world of construction project disputes – the parties’ contract includes an arbitration clause. One party files a lawsuit in a court over a dispute, and the other party files a motion to stay or...more

When the Federal Govt acts badly, but not badly enough to show bad faith – what’s a contractor to do?

In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more

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