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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

And there is no question that a properly drafted provision in a contract requiring arbitration is enforceable. And such is a big deal in this consideration when the Department of Defense is the largest owner of green buildings. Legal scholars can have at it. The Supreme Court, in American Express v.

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Preparing the CDL Driver: What Training Should be Required?

FDR Safety

the USDOT has announced that it intends to undertake a negotiated rule-making or “RegNeg.”. The rule development then reverts back to the government that was unable in the first place to draft an acceptable one. Sometimes, the process breaks down when participants become intractably wedded to their views.

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California Legislature Further Helping Subcontractors

Construction Law Monitor

In a perfect world, general contract presents the subcontract document to the subcontractor, and that sub has its lawyer review the contract to see if the terms can be negotiated so that its a fair document for all involved. This article deals with a hot construction law topic, pay-when-paid vs. pay-if-paid clauses.

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LiveXchange 2012: Don’t Let Incentives Drive the Site Evaluation Process

Buisness Facilities Contributed Content

LiveXchange 2012 was kicked off with a nostalgic keynote from NFL Hall of Famer Jack Youngblood, who chronicled his meteoric rise from a kid playing Pop Warner football in Florida to a top pick in the NFL draft and a stellar career as an all-Pro linebacker with the Los Angeles Rams.

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Mastering VOB German Construction Contract Procedures

Building Radar

The first part addresses general contractual terms, the second part deals with technical specifications, and the third part covers dispute resolution. For assistance with drafting clear and effective contracts, you may want to explore resources from DLA Piper. VOB outlines the steps for resolving disputes, including: 1.

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All About Tendering | What Is Tendering | What Is a Tender in Construction | Tendering Meaning in Construction

CivilJungle

A tender will be a draft legal paper in which a particular act will notify official documents and discharge the capable artisan interested in filling it and taking the project. Tenders are of several kinds, counting open tender, selective, serial tender, and negotiated tender. Negotiation Tender. Negotiated tender.

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Amicable dispute resolution clauses could be a holy grail

Construction Law

The use of adversarial advisers in negotiating future deals should be avoided, says AIIP. Good luck with drafting those clauses; if they work they would be a long awaited holy grail. A reset mechanism should be built into contracts to ensure amicable resolution of disputes.