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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? Owners often begins negotiations from the opposite end of the spectrum for the same reasons. Do not negotiate against yourself.

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How to Create an Independent Government Cost Estimate

Job Order Contracting

As non-exempt employees, they must be paid no less than delineated on the associated wage determination or collective bargaining agreement (CBA). The provisions that govern non-exempt are the Service Contract Act (SCA) for services or the Davis-Bacon Act (DBA) for construction.

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Buyers Back on Top—Market Cooldown Boosts Negotiating Power

Pro Builder

Buyers Back on Top—Market Cooldown Boosts Negotiating Power. 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%

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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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Should “Prevailing” Wages Be Tied to Union Rates?

Construction Dive

Too often, say critics, the “prevailing” wages are the same as those negotiated in collective bargaining agreements. Featured …“Prevailing” Wages Based Solely on Union Bargaining AgreementsContractor Payments to Sub Seized by Bank

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GA Court of Appeals Enforces Contract Clause, Excluding Liability for Incidental Damages Where Specific Performance Is Ordered

Constructlaw

(collectively DonRob) agreed to sell, and 360 Residential LLC, 360 Sugar Hill LLC, and 360 Capital Company LLC, (collectively 360) agreed to purchase 12 acres (Site) of a 37-acre parcel of property in Sugar Hill, GA (the Agreement). Between the Agreement date and the scheduled closing date, the parties’ relationship deteriorated.

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Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

Best Practices Construction Law

In other words, you are negotiating about who takes the risk on a particular issue. The United States Court of Appeals for the Federal Circuit Contract recently addressed this issue in a government contract dispute where the parties’ agreement required the contractor to pay for fuel at the prevailing rate. In DG21, LLC v.

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