Condition Precedent
Complaint Dismissed for Failure to Mediate First
July 28th, 2021
“Mandatory mediation” may seem an oxymoron, since mediation is a process whereby parties seek to resolve their dispute in an elective process. But a federal court judge has held that a contract clause mandating mediation prior to litigation is to…
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Performance Bond Surety Not Liable if Underlying Contract Was Not Terminated
February 15th, 2021
A modular construction subcontractor provided a performance bond to the prime contractor in the AIA form A312-2010. The GC later claimed that the modular sub failed to properly perform its work, including “that more than 260 windows were leaking an…
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Categories: Construction
A Condition Precedent is a Condition Precedent
July 14th, 2020
Owner and contractor modified the A201 General Conditions to state that a decision by the Initial Decision Maker (presumably the architect) is a condition precedent to arbitration. When the contractor pursued arbitration against the owner for $919,85…
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Pursuing a Performance Bond? Follow the Terms of the Bond
December 15th, 2016
A contractor seeking almost $1 million in claimed cost overruns against a subcontractor’s bond has been reminded that the bond terms must be followed. Or else. The bond required the prime contractor, as bond obligee, to do three things: (a) give no…
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Categories: Construction