Articles From Jim Dash

We Can Work It Out: Considering the Consequences of Stopping Construction From Upstream and Downstream Perspectives By Jim Dash & Jonathan Safron Construction Law, August 2021 An overview of the risks encountered by both the owner and contractor when terminating their relationship in the midst of a project.
Coronavirus in Construction: What to Do Now to Plan for Beyond the Outbreak By Jim Dash Construction Law, April 2020 A look at what you can do now to avoid future lawsuits and advance your business interests.
Thank you for the opportunity to serve … By Jim Dash Construction Law, October 2018 A note from the Construction Law Section's past chair, Jim Dash.
“Pay if paid” clauses upheld by First District By Jim Dash Construction Law, January 2017 In the first published Illinois decision on the topic in 30+ years, the court in Beal Bank Nevada v. Northshore Center THC, LLC,held on September 30, 2016 that “pay if paid” clauses remain enforceable in contract if the payment condition is an unambiguous condition precedent to payment.
Pay If/When Paid clauses in Illinois By Jim Dash Construction Law, July 2015 As a matter of pure contract, “Pay When Paid” or “Pay if Paid” clauses generally are enforceable in Illinois so long as the contract makes payment to the upstream party an unambiguous condition precedent to payment downstream. And if (sub)contractor does not have, or believes that it does not have, the leverage to negotiate the terms of its contract, it often will accept the contract, “Pay When/If Paid” clause and all, just in order to get the work.

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