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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. In MZM Construction Company, Inc. The Funds also informed MZM that, absent payment, the Funds would initiate arbitration.

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#105:  Nonmutual Arbitration Agreements

NH Construction Law

Many construction contracts and subcontracts provide for arbitration of disputes. 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). 2000) (“We adhere to our view that one-sided agreements to arbitrate are not favored.”). Harbor Construction Co. 311 F.Supp.3d

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Wellness is for builders, not just for buildings

BD+C

Construction work is demanding—both physically and mentally—and the likelihood of injury or disability is higher than other sectors. As an industry, we have done an excellent job at emphasizing and improving site safety so that everyone goes home safe every day. But what about going home healthy? .

Bargains 123
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Sparks agree 7% wage increase from 2024

Construction Enquirer

Electricians are set for a 7% wage rise from 2024 after a new pay deal was hammered out by electrical contractors and union Unite under the JIB collective agreement. “This agreement gives us an opportunity to work with Unite on longer-term ambitions to update and modernise the industry to improve skills for a low carbon economy.”

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Do Project Labor Agreements Restrict Competition?

Construction Dive

By Bruce Jervis Project Labor Agreements are controversial. These are pre-hire agreements between a general contractor or a construction manager and a designated collective bargaining representative for all labor on the project. What do you think? And, isn’t any negative impact restrictive of competition?

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Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim? Finally, a contractor should be prepared to explain and visually demonstrate the effect of those events on costs and time to construct the project.

Claims 69
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GA Court of Appeals Enforces Contract Clause, Excluding Liability for Incidental Damages Where Specific Performance Is Ordered

Constructlaw

(collectively DonRob) agreed to sell, and 360 Residential LLC, 360 Sugar Hill LLC, and 360 Capital Company LLC, (collectively 360) agreed to purchase 12 acres (Site) of a 37-acre parcel of property in Sugar Hill, GA (the Agreement). Between the Agreement date and the scheduled closing date, the parties’ relationship deteriorated.