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Are Pay-if-Paid Clauses Really Enforceable?

Authors: Stormy Mayfield,

Published Date: October 6, 2023

This article was written for the Texas Contractor and first appeared here. Contingent payment clauses exist in many Texas construction contracts. In 2009, the Legislature passed a bill that has become Chapter 56 of the Texas Business Commerce Code. That bill settled a long-running debate about the enforceability of “Contingent Payment” clauses. The bill was crafted through a grueling eight-session [...] Read More

Effective Strategies for Managing Subcontractor Enrollment in a Volatile Market

Authors: Brett J. Moritz, Ricky Robinson

Published Date: September 19, 2023

This article was written for the ConsensusDocs newsletter and first appeared here. The subcontractor enrollment process for contractors can be time-consuming and has the potential to delay a project before it starts. From verifying credentials, to negotiating legal terms, to defining project requirements, the entire process can take weeks, if not months. The delays present the possibility of variations between [...] Read More

Delay Damages for Early Completion

Published Date: September 15, 2023

This article was written for the Texas Contractor and first appeared here. Contractors are familiar with construction delays and the resulting claims. But what happens when a contractor finishes construction before the contractual deadline despite an owner-caused delay. May the contractor still collect damages for the delay? Consider the following hypothetical: Imagine a project with NTP on January 1 and [...] Read More

The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

Published Date: August 23, 2023

The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be jurisdictional.  Those requirements are as follows: (a) Claims generally.-- (1) Submission of contractor's claims to contracting officer.--Each claim by a contractor against the Federal Government relating to a contract shall [...] Read More

Complying With Contract Requirements

Published Date: August 20, 2023

We live in a world of contracts. Long, complex contracts to be sure. But living in a world of contracts has enormous benefits. Consider your doctor’s situation. If there is a dispute regarding the quality of services, it will be handled under the law of negligence. After all, the patient didn’t specify the doctor’s precise actions and procedures. A court [...] Read More