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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

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.”

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

Constructlaw

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. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

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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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Can Parties Knowingly Exploit Unlicensed Contractors?

Construction Dive

To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been. 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?

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“Mitbestimmung” in Tennessee

Buisness Facilities Contributed Content

While German works councils do not have the right to bargain collectively over contracts–the raison d’etre of American unions–the works council committee (comprised of hourly as well as salaried employees, with council members elected by employees) are given the right to be consulted about jobs cuts and working conditions.

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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?

Injury 49
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Dispute Boards: An Approach to the Efficient Resolution of Disputes in the Construction Sector

Constructlaw

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. He can be reached at Zach.Torres-Fowler@Troutman.com.