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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

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Construction Claims Monthly Special Report

QUASI-SUBCONTRACTS: When Contractors & Subs Make Disputable Commitments (PDCCLQS)

Table of Content
Author: Gilbert Kimberly
Length: 96 Pages

Contractor/subcontractor teamwork is essential to large-scale, complex construction projects. But forging such teams can open you up to major legal pitfalls.

Don’t get caught relying on promises that won’t stand up in court. Find out how to prepare for—and avoid—sticky subcontract disputes with Construction Claims Monthly’s special report, Quasi-Subcontracts:  When Contractors & Subs Make Disputable Commitments.

Pre-award commitments— such as teaming agreements, MOUs, and letters of intent— raise particularly tricky questions:

  • Did the parties merely agree to agree, or have they executed a binding contract?
  • Have the parties committed to a short-term, single goal? Or an ongoing arrangement?
  • Does a pre-award promise (say, to price) transfer to the post-award subcontract?

Find out courts’ answers to the above questions. Plus: Learn the hazards of unsigned subcontracts, flow-down and incorporation-by-reference provisions, oral modifications—and more.

Here’s a sample of the expert insight you’ll find in this special report:

  • Teaming Agreement Was Not A Contract Despite Definite Scope & Price
  • Sub Bound By Unsigned Purchase Order
  • Agreement For Future Contracts Is A Binding Procurement Contract
  • Counteroffer Doesn’t Establish Contract Acceptance Or Right To Payment
  • Liquidated Damages Clause Flowed Down From Govt. To General To Sub
  • Actions Speak Loudly: Conduct Can Extend A Contract Beyond Expiry

Quasi-Subcontracts will explain why the results of contractor/sub disputes are often surprising. This special report paints a comprehensive picture of recent case law on the subject, presents dozens of sample agreements, and highlights contract language that courts have found to memorialize, specify, restrict, release, revise, qualify, and negate contractor/sub commitments.

Learn to craft written agreements that properly convey your intent and protect your interests. Order today!


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