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Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged

Constructlaw

Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of arbitration agreements. After the project began, a labor union representative approached and asked MZM’s president to execute a “short-form agreement.”

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#105:  Nonmutual Arbitration Agreements

NH Construction Law

2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). To be enforceable, contracts require “consideration,” a bargained-for exchange of value or promises of value on both sides. Sphere Drake Insurance, PLC , 202 F.3d 3d 71, 81 (1st Cir. Enterprises, Inc. , 311 F.Supp.3d

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Wellness is for builders, not just for buildings

BD+C

While formal regulations, planning, and union collective bargaining agreements have helped address many health and safety risks, more holistic health and wellness issues, such as dehydration, weight management, poor air quality, and stress, are less commonly addressed. . But what about going home healthy? .

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Do Project Labor Agreements Restrict Competition?

Construction Dive

By Bruce Jervis Project Labor Agreements are controversial. These are pre-hire agreements between a general contractor or a construction manager and a designated collective bargaining representative for all labor on the project. What do you think? And, isn’t any negative impact restrictive of competition?

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Sparks agree 7% wage increase from 2024

Construction Enquirer

Electricians are set for a 7% wage rise from 2024 after a new pay deal was hammered out by electrical contractors and union Unite under the JIB collective agreement. “This agreement gives us an opportunity to work with Unite on longer-term ambitions to update and modernise the industry to improve skills for a low carbon economy.”

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Buyers Back on Top—Market Cooldown Boosts Negotiating Power

Pro Builder

A more balanced market is putting buyers back into the driver's seat, and those who can still afford home purchases are backing out of deals and capitalizing on their bargaining power. Around 63,000 home-purchase agreements were called off in July, a share equal to 16.1% of all homes that went under contract that month.

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Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim? Most negotiations between private parties involve some sort of stair-step approach, with each side giving a little until an agreement is reached.

Claims 69