Pay When/If Paid Clauses

Under North Carolina law, pay when paid clauses are unenforceable. Simple enough, in theory. To be more specific, "payment by the owner to a contractor is not a condition precedent…

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Guided Choice Mediation: Nuts and Bolts

This post is part of our Guided Choice Mediation series, where we explore what it is, why it improves on traditional mediation, and how it works. Guided Choice Mediation is an evolving process…

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Top Ten Construction Contract Terms: Indemnification

Our Top 10 Construction Terms series identifies and discusses the key construction contract provisions that affect risk allocation among the project participants. This post, Indemnification Part 1,¬†describes the various sources…

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Exciting New Alternatives for Claims Resolution

Resolving commercial and construction disputes is expensive. According to one source, 98% of commercial disputes are resolved prior to trial or arbitration. However, most are not resolved until the parties…

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