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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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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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Details of tendering method in construction

Construction Cost Estimating

Negotiated tendering Serial - Nominative Open tender: Open tendering is the primary tendering procedures which are implemented by both the government and private sector. In legal term such tender recognizes constitute invitation to treat, a simple request made by the employer for appropriate contractor to tender their bids or offers.

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

Constructlaw

Although the parties have tried to resolve their disputes through negotiation and even mediation, they have not been able to reach an acceptable settlement. 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. 3] See generally John W.

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25 HR Compliance Terms to Know for 2018

Green Building Law Update

Collective Bargaining: One or more unions meeting with representatives from an organization to negotiate labor contracts. Wage Theft: Theft that occurs when employees do not receive their legally or contractually promised wages.