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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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Tips for Enacting Workplace Mask, Vaccine Requirements

Pro Builder

But recent court decisions have provided legal support, Blue added, including one ruling upholding a Texas hospital's mandate. Workers who are part of a union may be subject to an employment agreement or collective bargaining agreement that impacts the situation, Conrad Kennedy said. Read More. . Business Management.

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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. Quinn Construction, Inc. Skanska USA Building, Inc. , 730 F.Supp.2d

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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Constructlaw

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.

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New Executive Order Requires Paid Sick Leave for Federal Contractors

Best Practices Construction Law

Leave also extends to the same for an employee’s spouse, child, parent, blood-related family member, or someone “whose close association with the employee is the equivalent of a family relationship.” That’s the legal speak! But what’s the practical effect on federal contractors?

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WILG president talks workplace injuries

Safety Services Company

WILG’s members are committed to improving the quality of legal representation to those injured on the job or victims of occupational illness by superior legal education and by keeping informed of legislative and judicial proceedings. How long have you been with the group? Why did you get involved in helping injured workers?

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