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Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. For the contractors out there, Universal Concrete Products is a good reminder of the importance of drafting clear and unambiguous contact terms between the parties.

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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. However, the Department of Defense Appropriation Act precludes expenditure of funds on contracts in excess of $1 Million that require subcontractors and employees to consent to arbitration. Legal scholars can have at it.

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Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

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A Green Building Game of Thrones

Green Building Law Update

Before being pulled, the proposed LEED 2012 rating system went through a lengthy, unexpected vetting process, culminating in a fourth draft. In July 2011, it appeared the USGBC was willing to negotiate with SFI. The Assault on Chemicals of Concern. This side prefers the Sustainable Forestry Initiative (SFI) certification.

Green 120
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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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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses

Best Practices Construction Law

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. For the contractors out there, Universal Concrete Products is a good reminder of the importance of drafting clear and unambiguous contact terms between the parties.