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#135:  Unconscionable Arbitration Agreements

NH Construction Law

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” ” With that opening sentence, the Texas Supreme Court in Lennar Homes of Texas, Inc. ’” Awuah v. Coverall North America, Inc. , 3d 7, 12 (1st Cir.

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LEED v4 has a New and Improved Registration Contract

Green Building Law Update

USGBC proudly boasts that LEED v4 has 80% fewer forms when compared to LEED 2009. Simply stated, the Certification Agreement is “the” contract that governs certification of a project under the LEED program. Green Building Council.”

Contract 120
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It is Settled. The Wind Blows in Prattsburgh.

Green Building Law Update

After a failed moratorium and years of litigation to void a settlement agreement, 34 wind turbines may finally be erected in the Town of Prattsburgh, New York. ” On July 20, 2009, Ecogen received the permits required by the New York State Department of Environmental Conservation to construct a wind energy facility in the Town.

New York 120
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Buying a LEED Certified Building Is Easy But.

Green Building Law Update

That being the case, then why has the GBCI Change Of Owner Agreement been uploaded into LEED Online only 700 times since February 2015? So, GBCI even provides a form, making affecting the change in their system easy, but the Change of Owner Agreement form is little used. according to Susan Dorn, the General Counsel of USGBC and GBCI.

Agreement 176
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Obtaining the Proper Bonding for Government Jobs

Construction Business Owner

In a way, a surety bond is like insurance; it is a three-part agreement between the contractor, the organization requiring the bond (e.g. This agreement ensures that a contractor will perform all of the duties they agreed to in the bid they placed, abiding by the terms of that government-sanctioned project. December 2009.

Cash Flow 168
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Net Zero Pledges by Businesses are Fraught with Risk

Green Building Law Update

In 2009 the King of Bhutan proclaimed his Himalayan country was ‘carbon negative’ because all of its power was hydroelectric or solar buttressed with large forested areas. There would have to be some agreement, that does not exist today of what it means to be net zero (e.g., carbon dioxide, greenhouse gases, all emissions?).

Risk 156
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Characteristics of Strategic Collaboration and Efficient Construction Project Delivery

Job Order Contracting

construction industry – A taxonomic approach to the literature of the 2000-2009 decade. success through an incentive agreement: lessons learned from an underground railway. Organizations that provide leadership and commitment to collaborative environments are rare. Bemelmans, J., Voordijk, H., & Vos, B. Bresnen, M.