This 1 1/2 hour CD presented by leading construction attorneys: Larry D. Harris, Greeberg Traurig, LLP, Joseph A. McManus, Jr., McManus, Shor, Asmar & Darden, LLP, Leonard A. Sacks, Leonard A. Sacks & Associates, PC, discusses overcoming obstacles to payment on construction projects.
The controversy of pass-through claims, liquidating agreements, assignment of pre-takeover surety claims and actions between contractors and A/Es continues to boil. Very often, even good projects can be entangled in end-game issues with the occasional errant subcontractor or recalcitrant owner.
Contractor-owner clauses treat damages one-way while subcontractor-contractor language may say something different. And of course, many government contracts prevent sureties from pursuing pre-takover claims. When contractors sense impending doom over a payment or privity issue, the strategy to take is not always clear. Similarly, owners can be caught by surprise and may react hastily with the wrong approach. Both sides might have justifiable positions, but the contract language is hindering direct resolutions with the party at fault. What's the proper action to take? This CD will address what the law says to help you understand this complex topic.