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Can Parties Knowingly Exploit Unlicensed Contractors?

Construction Dive

Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract. To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been. Sometimes, however, parties knowingly contract with the unlicensed.

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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. Equal Employment Opportunity Commission.

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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

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.

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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

The Executive Order is scheduled to take effect for contracts entered into after January 1, 2017. 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!

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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. ” 286 A.3d 3d at 1200. ” 286 A.3d 3d at 1201.

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“Mitbestimmung” in Tennessee

Buisness Facilities Contributed Content

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.