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Architect’s Certification of Payments to the Contractor

Posted: July 5, 2022 | Legal

No duty of an architect is subject to more scrutiny than the issuance of payment certificates. The owner, naturally, does not want to pay money prematurely or needlessly. The contractor, on the other hand, wants, needs, and is entitled to the money as soon as possible. Both owners and contractors are generally acutely aware of the interest value of money.

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Pay-if-Paid Prohibition Expands: Will Other States Follow?

Pay-if-Paid Prohibition Expands: Will Other States Follow?

Posted: April 8, 2022 | Legal

Virginia has long been known as a state where “contract is king.” That is, courts in the Commonwealth are much more likely to enforce the terms the parties bargained for, even if harsh or onerous. As of March 2022, however, the Virginia legislature passed a bill banning one of the most commonly used conditional payment clauses in construction contracts – the “pay-if-paid” clause.

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Balanced Indemnification Provision Provides a Fair ‘Hold Harmless’ Agreement

Balanced Indemnification Provision Provides a Fair ‘Hold Harmless’ Agreement

Posted: January 21, 2022 | Legal

ConsensusDocs standard agreements contain an indemnification provision that some refer to as a “hold harmless” agreement. ConsensusDocs, unlike other standard contract documents, integrates its terms and conditions in the same document as the agreement. This provides better integration and avoids conflict between two separate documents.  

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ConsensusDocs’ Balanced Indemnification Provision Provides a Fair ‘Hold Harmless’ Agreement

ConsensusDocs’ Balanced Indemnification Provision Provides a Fair ‘Hold Harmless’ Agreement

Posted: December 31, 2021 | Legal

ConsensusDocs standard agreements contain an indemnification provision that some refer to as a “hold harmless” agreement. ConsensusDocs, unlike other standard contract documents, integrates its terms and conditions in the same document as the agreement. This provides better integration and avoids conflict between two separate documents.  

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Federal Court in Georgia Enjoins Enforcement of Federal Contractor/Subcontractor Vaccine Mandate Nationwide

Federal Court in Georgia Enjoins Enforcement of Federal Contractor/Subcontractor Vaccine Mandate Nationwide

Posted: December 23, 2021 | Legal

On December 7, 2021, the United States District Court for the Southern District of Georgia issued a 28-page order enjoining nationwide the enforcement of President Biden’s Executive Order 14042 mandating that all federal contractors and subcontractors working on covered federal contracts provide proof of vaccination.  In Georgia v. Biden, No. 1:21-cv-163, 2021 WL 5779939 (S.D. Ga. Dec. 7, 2021), Judge R. Stan Baker found that certain of the plaintiffs, including seven separate States; several of their governors; colleges within the University System of Georgia that held and planned on holding federal contracts; as well as a national trade association representing numerous construction industry members throughout the country with federal contracts, had sufficiently established standing to pursue this injunctive relief.

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