Constructlaw

SEPTEMBER 29, 2020

New Jersey Building Laborers Statewide Benefits Funds , [1] the Third Circuit held that the courts must decide questions of arbitrability in cases where a party challenges the validity of the underlying contract that contains the arbitration agreement — even when the putative arbitration agreement refers these questions to the arbitrators.

Agreement 52

Agreement Bargains New Jersey Contract 52

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Economic losses flowing from fraud related to such a contract are not recoverable.

Colorado 52

Colorado Tennessee Claims Contract 52

Best Practices Construction Law

MAY 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?

Risk 69

Risk Materials Contract Contractors 69

Construction Dive

MAY 29, 2013

The project owner, at its discretion, may terminate the project at any time without breaching the contract. This sounds like a balanced bargain, yet contractors have long complained about the process. The owner is not liable for the contractor’s anticipated profit on the unperformed work. These complaints usually come up empty.

Bargains 48

Bargains Claims Profitability Contractors 48

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Buisness Facilities Contributed Content

OCTOBER 16, 2013

The UAW, in decline for decades as foreign automakers populated the South with non-union plants, kept itself alive during the Recession by agreeing to a contract that pays its newer members $15 per hour. This steep cutback in wages–veteran UAW members earn $28/hr–helped make U.S.

Tennessee 53

Tennessee Union South Carolina Alabama 53

NH Construction Law

AUGUST 13, 2020

In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach). In Mentis Sciences, Inc. 3d 799, 808, 11 N.E.3d

Profitability 40

Profitability Contract Liability Bargains 40

NH Construction Law

MARCH 26, 2023

The problem is not solved by prime contract provisions requiring a general contractor to promptly clear any lower tier mechanic’s liens or face having payments withheld. If an initial court challenge to the lien fails, the general contractor may well be coerced into an unfavorable settlement of the lienor’s claim.

Lien 40

Lien Subcontracting New Hampshire Bargains 40

NH Construction Law

MAY 28, 2018

But hey, who ever said that general contracting was risk-free? Bottom line: There is no foolproof protection short of a payment bond, which adds a layer of expense that could narrow the field of available subcontractors.

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Constructlaw

NOVEMBER 24, 2020

During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. 7] In doing so, there is a risk that a dispute board could deny a party the benefit of their bargain by ignoring specific contractual terms.

Construction 40

Construction Contract Modeling Cash Flow 40

Autodesk Construction Cloud

JUNE 20, 2023

In regards to construction today, the Business Dictionary defines a construction punch list as, “Listing of items requiring immediate attention” and as a “Document listing work that does not conform to contract specifications, usually attached to the certificate of substantial completion. When Are Construction Punch Lists Typically Executed?

Construction 52

Construction Software Software Budget 52

Autodesk Construction Cloud

NOVEMBER 7, 2022

In regards to construction today, the Business Dictionary defines a punch list as, “Listing of items requiring immediate attention” and as a “Document listing work that does not conform to contract specifications, usually attached to the certificate of substantial completion. When Are Punch Lists Typically Executed?

Construction 52

Construction Software Software Budget 52