Welcome to your daily briefing on construction developments in Maine. Today we're covering 5 key stories including updates on maine construction headlines, background & context. Let's dive in.
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"Substantial completion" is achieved when the owner can occupy the project for its intended use — not when a punch list is finished or a percentage is hit. The status starts warranty clocks, transfers risk of loss, and triggers retention release in most contracts. Disputes over whether SC has been achieved are common at month-end.
Premature certification of substantial completion commits the contractor to warranty coverage on incomplete work; delayed certification gives the owner leverage to extend retention. The legal definition controls, not the status meeting.
"Pay-when-paid" sets a timing condition only — the GC must still pay even if the owner never does. "Pay-if-paid" creates a true condition precedent — no owner payment, no GC payment to subs. Many states will not enforce pay-if-paid clauses without unmistakably clear language; ambiguity defaults to pay-when-paid.
The risk allocation between subcontractors and GCs hinges on this one phrase. Subs who sign pay-if-paid contracts effectively underwrite owner credit risk on top of project risk.
A bid bond protects the owner if the bidder refuses to enter the contract; it pays the difference between the rejected bid and the next responsive bid. A performance bond covers contractor non-performance during the project. A payment bond protects unpaid subcontractors and suppliers. Each has different claimants and triggers.
Subs frequently file claims against the wrong bond and lose them on procedural grounds without ever reaching the merits. Knowing which bond covers your specific exposure is table stakes for collections.
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