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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

Legal scholars can have at it. And there is no question that a properly drafted provision in a contract requiring arbitration is enforceable. The take away from all of this should be in an effort to manage your risk, pay particular attention to and negotiate the dispute resolution provisions in your contracts.

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

Best Practices Construction Law

For example, in the Universal Concrete Products case, the 4th Circuit reasoned that Virginia courts favor the freedom to contract and that parties are freely able to negotiate and draft these types of provisions. However, in Thomas J.

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Judicial and Legislative Control Over Construction Contracts: Implied Obligations and Impermissible Clauses

Construction Dive

Believe it or not, a construction contract with scores of provisions that runs dozens of pages does not actually define the entire legal relationship between the parties, regardless of how thorough the contract may seem or how much time and expense they invested in its drafting.

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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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OSHA Alert: How to Prepare for an OSHA Inspection

FDR Safety

Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights. Unlike non-supervisory employees, the statements and admissions of a supervisor may legally bind the company.

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California Legislature Further Helping Subcontractors

Construction Law Monitor

I recently found a good article on JDSupra.com , always a great source for solid legal content, regarding California Senate Bill 474. There is no need to waste taxpayer money to draft, argue, and pass bills such as these. The legislature here is essentially trying to protect the subcontractor from itself.

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Construction Law: June 2024

Construction Law

News Our regular news round up focusses on a disputes survey that suggests artificial intelligence will have an impact on contracts sooner than many think; a Labour Party plan that involves scrapping the IPA and the NIC; and a landmark legal victory for the government that forces a freeholder to fix serious building safety issues in a tower block.