NH Construction Law
SEPTEMBER 28, 2021
2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). A legal doctrine called “mutuality of obligation” – or in lay terms, if both sides are not bound, neither side is – comes into play here. Sphere Drake Insurance, PLC , 202 F.3d 3d 71, 81 (1st Cir. 311 F.Supp.3d
Constructlaw
SEPTEMBER 29, 2020
Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of arbitration agreements. After the project began, a labor union representative approached and asked MZM’s president to execute a “short-form agreement.”
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NH Construction Law
NOVEMBER 25, 2022
Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” “In the absence of a contractual agreement, a trial court may require an individual to make restitution for unjust enrichment if he has received a benefit which would be unconscionable to retain.”
Construction and Infrastructure Law
FEBRUARY 6, 2018
AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.
Best Practices Construction Law
SEPTEMBER 13, 2018
The new statute, signed into in May 2018, immediately created a cause of action providing for remedies for the successful challenge of the validity of a lien against a property. Although they both got to choose their own family dinner destination, we are going to have one huge cake this weekend…with tons of icing!
Green Building Law Update
DECEMBER 1, 2019
The 2018 International Green Construction Code was released on November 8, 2018 but more than a year later, it has not been adopted anywhere. so there was room for wider adoption of a 2018 IgCC. Many code officials have concluded the 2018 IgCC is not a good building code, green or otherwise. The 2018 IgCC applies to “1.
Constructlaw
AUGUST 3, 2023
Nevertheless, practitioners and parties who chose to seat their arbitrations within the Eleventh Circuit, will now have to grapple with a new legal environment and think strategically about how questions concerning vacatur will affect arbitration awards issued in the circuit. [1] FeeDx Holdings, Inc. , 4th 1232, 1240 (9th Cir. 2019); Indus.
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