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#135:  Unconscionable Arbitration Agreements

NH Construction Law

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” Genesis Healthcare, LLC , 2021 WL 411540 (D.N.H. ” With that opening sentence, the Texas Supreme Court in Lennar Homes of Texas, Inc. ” Id.

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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Constructlaw

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Weyerhauser NR , 2021 WL 5707117 (Colo. Economic losses flowing from fraud related to such a contract are not recoverable.

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Test the Bounds of Job Order Contracting?

Job Order Contracting

By Garret Murai , February 15, 2021 (source: [link]. B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work.

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Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

Exceptions are made for certain limited uses of chlorpyrifos, allowing them to continue until June 30, 2021, and, with specified authorization from the Maryland Department of Agriculture, until December 31, 2021. SB 300 / HB 229 makes Maryland the first state in the continental U.S.

Maryland 156
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Huh? Ugh! LOL: The Top Ten-tions of Construction Law and Contracts

Speaker: Matthew DeVries, Construction Law Attorney and National Blogger

The rights and responsibilities of parties involved in a construction project are mainly dependent upon the contract or agreement between them, and there is no better time than to review your contractual obligations to identify risk pitfalls, resolve tensions, and ensure success. How to prepare for new challenges in a COVID-19 environment.

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Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

Exceptions are made for certain limited uses of chlorpyrifos, allowing them to continue until June 30, 2021, and, with specified authorization from the Maryland Department of Agriculture, until December 31, 2021. SB 300 / HB 229 makes Maryland the first state in the continental U.S.

Maryland 156
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#127:  Subcontract "Flow Down" of Prime Contract Terms

NH Construction Law

5th 658 (2021), went the other way. ” The State paid the general contractor per square yard of finished concrete surface excluding curbs, but the Supreme Court held that this wasn’t binding with respect to the subcontractor’s claim against the general contractor, id. Ward Construction Co., 3d 1227 (Ariz. 121 F.Supp.3d