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Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged

Constructlaw

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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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. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. Quinn Construction, Inc. Skanska USA Building, Inc. , 730 F.Supp.2d

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WILG president talks workplace injuries

Safety Services Company

WILG’s members are committed to improving the quality of legal representation to those injured on the job or victims of occupational illness by superior legal education and by keeping informed of legislative and judicial proceedings. How long have you been with the group? Why did you get involved in helping injured workers?

Injury 49
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Dispute Boards: An Approach to the Efficient Resolution of Disputes in the Construction Sector

Constructlaw

During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. 7] In doing so, there is a risk that a dispute board could deny a party the benefit of their bargain by ignoring specific contractual terms.

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Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

Construction and Infrastructure Law

Finally, the third possible amendment would overrule current Board case law holding that collective bargaining language in the construction industry, standing alone, can be legally sufficient to prove a union’s majority status and establish a conventional 9(a) bargaining relationship between an employer and its employees’ union (9(a) relationship).

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Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

Construction and Infrastructure Law

Finally, the third possible amendment would overrule current Board case law holding that collective bargaining language in the construction industry, standing alone, can be legally sufficient to prove a union’s majority status and establish a conventional 9(a) bargaining relationship between an employer and its employees’ union (9(a) relationship).