Best Practices Construction Law
MAY 7, 2014
Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. 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?
Construction Dive
FEBRUARY 21, 2013
Can they accept the benefit of the bargain, construction work performed at considerable cost, and then refuse to pay on the grounds the contractor lacked a license? Sometimes, however, parties knowingly contract with the unlicensed.
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Construction and Infrastructure Law
AUGUST 13, 2019
Finally, the third possible amendment would overrule current Board case law holding that collective bargaining language in the construction industry, standing alone, can be legally sufficient to prove a union’s majority status and establish a conventional 9(a) bargaining relationship between an employer and its employees’ union (9(a) relationship).
Construction and Infrastructure Law
AUGUST 13, 2019
Finally, the third possible amendment would overrule current Board case law holding that collective bargaining language in the construction industry, standing alone, can be legally sufficient to prove a union’s majority status and establish a conventional 9(a) bargaining relationship between an employer and its employees’ union (9(a) relationship).
Constructlaw
JULY 6, 2020
Department of State , 1 the Board rejected a contractor’s claim for additional costs related to demobilization and remobilization of the job site in Freetown, Sierra Leone, due to an Ebola virus outbreak. In Pernix Serka Joint Venture v. In mid-March 2015, PSJV remobilized to the site.
Constructlaw
SEPTEMBER 29, 2020
The short-form agreement incorporated by reference two statewide collective bargaining agreements that required MZM to make contributions to the New Jersey Building Laborers’ Statewide Benefits Funds (the Funds). After the project began, a labor union representative approached and asked MZM’s president to execute a “short-form agreement.”
Construction Dive
MAY 29, 2013
This sounds like a balanced bargain, yet contractors have long complained about the process. Owners, it is said, use convenience terminations to shield themselves from legitimate claims for bad planning, faulty design, or project mismanagement. These complaints usually come up empty. Abuse of discretion is difficult to prove.
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