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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. of all homes that went under contract that month. Wed, 08/17/2022 - 10:41.

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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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Labour Contract Vs Material Contract - Which Contract is Better for Constructing your House?

Civil Lead

When we are planning to construct a building or house the first question comes in our mind is we have to give a material contractor or labour contract. Whereas in the material contract all materials and labour required for the construction are supplied by the contractor. While the contractor may or may not do that.

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

Constructlaw

In the event … specific performance is not available … Purchaser may seek to recover from Seller out-of-pocket expenses incurred in connection with the negotiation and preparation of this Agreement … which shall be capped at … $250,000[.]” DonRob counterclaimed for breach of contract. million in Site improvements and other work.

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Sparks agree 7% wage increase from 2024

Construction Enquirer

Electrical Contractors’ Association chief negotiator Andrew Hutchins said: “The last few years have been difficult, and it is beneficial to have some certainty at a time when the wider economy is unpredictable. The two-year deal for the industry also includes a 5% uptick in rates from 2025.

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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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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

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.”