20 Jan, 2021

I’m Not Getting Paid. Can I Terminate the Contract?

2021-01-21T08:58:20-06:00January 20th, 2021|AIA Contracts, Breach of Contract, Construction Contractor Advisor, Construction Contracts, Nebraska Construction, Nebraska Construction Law|

I’d like to say that the answer is clearly yes, but that’s rarely the case with construction contracts.  Ultimately, it will come down to the facts of your situation and whether the construction contract specifically allows you to pull off the job. Not Getting Paid Not getting paid is probably the most popular reason contractors terminate a construction contract.  The difficulty arises when we look closely at the circumstances leading [...]

5 Feb, 2015

Improvements to AIA Contracts?

2018-04-23T23:55:11-05:00February 5th, 2015|AIA Contracts, Construction Contractor Advisor|

Joel Sciascia, general counsel for the construction management company Pavarini McGovern, made some insightful comments in the Viewpoint section of the latest Engineering News Record magazine. He argues that architects should not be the initial decision maker (“IDM”) under AIA contracts. Instead of using the architect, Mr. Sciascia suggests the use of an independent dispute-resolution board. In 2007, the AIA introduced a new concept into the A-201 documents through which the owner [...]

26 Jan, 2012

Your Bid May Create a Binding Contract

2012-01-26T14:16:27-06:00January 26th, 2012|AIA Contracts, Construction Contracts|

How often have you started working on a project without a signed contract? My experience has been that subcontractors do it all the time. But, what does it mean? A recent case out of Montana sheds some light on this issue. In this case, the subcontractor submitted its bid to the general contractor. The GC signed the bid on the acceptance line, but wrote in “pending contract with the owner." After the [...]

24 Jan, 2012

Green Model Contracts

2012-01-24T13:40:37-06:00January 24th, 2012|AIA Contracts, Green Building|

The American Institute of Architects will soon be releasing its “green” model contracts. The AIA announced last fall that it would be releasing five new contracts in the first quarter of 2012. The five contracts are: A101™-2007 SP, Standard Form of Agreement between Owner and Contractor, for use on a Sustainable Project where the basis of payment is a Stipulated Sum. B101™-2007 SP, Standard Form of Agreement Between Owner and [...]

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