Category: Contracts

Do You Have These 2 Provisions in Your Contracts?

Every company seems to have its own form of contract these days. Whether it’s the general contractor, the plumber, or the tile distributor, everyone wants you to sign “their” contract, so that they’re protected on the job—or so they hope. In the rush to get a job and get it started, many contractors find they can’t get their terms and conditions into a contract so they overlook important details in the contracts they do sign. This could be a mistake, a big mistake, especially if the following provisions are not addressed! Legal Fees If you have to pay an attorney to prosecute ... Read more

Should You Terminate That Contract?

You’re upset with how you’re being treated on the job. Payments due are being disputed, unreasonably you believe. The schedule is out of wack and there’s no sign of it getting any better any time soon.  And changes continue to be requested. You think enough is enough and plan to just stop working until things are resolved to your satisfaction. But hold on – while this may give you some emotional satisfaction, it may not be the best idea. Ceasing work comes with very significant risks, and you could quickly find yourself on the other side of a lawsuit for big ... Read more

3 Ways to Get Paid Even if You Have a Pay-when-Paid Provision

A pay-when-paid (or pay-if-paid) contractual provision exists in almost every construction contract you are asked to sign these days. A pay-when-paid provision is a contract clause that shifts the risk of nonpayment from one party to another. As an example, with such a provision in place in a subcontract agreement, if the owner doesn’t pay the contractor, the contractor doesn’t have to pay the subcontractor. This is a legal defense to payment. It’s valid and enforceable in Florida and it’s important to understand that a pay-when-paid provision can mean you may not be paid. In Florida, pay-when-paid provisions are enforceable ... Read more