Your resource for the use of treated timber piles
P.O. Box 1784, Starkville, MS 39760
Phone: (833) 745-4647
E-mail: kevin@spta.org
www.timberpilingcouncil.com
Strong ▪ Affordable ▪ Sustainable
HEAVY MARINE & WATERFRONT CONSTRUCTION
30 Church Street
P.O. Box 0811
Liberty Corner, NJ 07938-0811
office: 908.580.0200
fax: 908.580.0880
www.trevcon.com
LEGAL
should not assume that a given clause is
(un)enforceable in every context. The moral
of this story: educate yourself, understand
the risks and negotiate accordingly. t
Endnote:
1. For ease of use, we will refer to the
upstream contractor, which often has
a direct contract with the “owner” –
the scope of which term itself can be
defined differently in different jurisdictions
– as the “prime contractor.” The
conditional payment clauses, however,
can exist in contracts between different
tiers of subcontractors as well.
James M. Dash is an attorney and member/
manager of Carlson Dash LLC. He frequently
speaks at industry seminars about
resolving construction disputes and is
licensed to practice law in Illinois, Texas
and Wisconsin. Among other positions, Dash
has served as 2017–18 chair of the Illinois
State Bar Association Construction Law
Section Council; the 2019–20 vice-chair of
the Board of the Wisconsin Bar Association
Construction and Public Contract Law
Section; and the 2018–19 president of the
Society of Illinois Construction Attorneys. He
is consistently rated among the top construction
law attorneys by SuperLawyers and Best
Lawyers and has been recognized by the
Leading Lawyers Network as a top Illinois
lawyer in the area of construction law.
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CreativePultrusions.com | Kenway.com
www.piledrivers.org PILEDRIVER | 113
/www.timberpilingcouncil.com
/www.trevcon.com
/CreativePultrusions.com
/Kenway.com
/www.piledrivers.org
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