Constructlaw

JUNE 17, 2022

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.

Colorado 52

Colorado Tennessee Claims Contract 52

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Dive

APRIL 2, 2014

Paying the rates set forth in a union collective bargaining agreement does not necessarily ensure compliance with the prevailing wage rate under the federal Davis-Bacon Act. This is one of the key points that Littler Mendelson P.C.’s

Bargains 48

Bargains Union Agreement Resource 48

NH Construction Law

FEBRUARY 27, 2021

In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. The jilted sub sued for breach of contract and breach of the Consumer Protection Act. Ambrose Development, LLC , No.

Contract 40

Contract Subcontracting Deals Bidding 40

Constructlaw

JULY 6, 2020

This article was originally published in Government Construction (Volume 5, Issue 2 – Summer 2020), an ABA Division 13 Quarterly Newsletter. The United States Civilian Board of Contract Appeals (the “Board”) recently issued a decision that may be particularly pertinent in light of the COVID-19 pandemic. In Pernix Serka Joint Venture v.

Claims 52

Claims Contract United States Site 52

Best Practices Construction Law

MAY 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?

Risk 69

Risk Materials Contract Contractors 69

NH Construction Law

AUGUST 13, 2020

In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach). In Mentis Sciences, Inc. 3d 799, 808, 11 N.E.3d

Profitability 40

Profitability Contract Liability Bargains 40

Construction Lawyer

JUNE 13, 2013

In Oxford, the arbitrator was asked by the parties to interpret the agreement and decide whether it permitted class arbitration. The parties in Stolt-Nielsen had entered into an unusual stipulation that they had never reached an agreement on class arbitration. at 673, n. 4; see id.,

Agreement 40

Agreement Contract Permits Bargains 40

NH Construction Law

MAY 24, 2022

A unanimous Supreme Court has now said no, and in the process has debunked the common assumption that arbitration agreements are specially favored in federal court – the so-called “presumption of arbitrability.” The federal policy is about treating arbitration contracts like all others, not about fostering arbitration.”

New Hampshire 40

New Hampshire Agreement Bargains Lien 40

Constructlaw

NOVEMBER 24, 2020

Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. As stakeholders in the construction community know all too well, this scenario is not an uncommon one. As published in Dispute Resolution Magazine, volume 26, issue 3, September 2020.

Construction 40

Construction Contract Modeling Cash Flow 40

Construction Lawyer

MAY 13, 2013

Today’s financial institutions are very concerned about potential defaults by their borrowers during the design and construction phases of projects for which the bank is providing financing. It may gain this control through an assignment of the architect’s agreement to the bank upon the default of the borrower.

Banking 45

Banking Agreement Bankruptcy Bargains 45

Best Practices Construction Law

DECEMBER 16, 2015

The Executive Order is scheduled to take effect for contracts entered into after January 1, 2017. As an employer, paid sick leave will lead to higher costs, which will be passed on to the government (and thus the tax payers) via their contracts, and may potentially result in higher absentee rates as employees take time to care for loved ones.

Contractors 48

Contractors Employment Bargains Compensation 48

Levelset

FEBRUARY 21, 2022

In early February 2022, President Biden signed an executive order requiring project labor agreements (PLAs) on all federal projects over $35 million. This could affect $262 billion in federal government construction contracting as well as nearly 200,000 workers on federal construction contracts.

Agreement 52

Agreement Contractors Union Bargains 52

Contractor Bookkeeping

JUNE 5, 2013

Construction Accounting is like Baseball there is a specific sequence in the way the game is played. Same is in Contraction Accounting a non-professional may not be as helpful to the end result no matter how well intentioned based on their skill level. Cost of Services A Contractor''s Story.

Accounting 48

Accounting Inventory Construction Software 48

NH Construction Law

MAY 28, 2018

But hey, who ever said that general contracting was risk-free? Bottom line: There is no foolproof protection short of a payment bond, which adds a layer of expense that could narrow the field of available subcontractors.

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Job Order Contracting

JULY 12, 2018

These standard error estimates can be used to construct confidence intervals for hypothesis testing. Many collective bargaining contract agreements and pension plans, for example, tie compensation changes to the Consumer Price Index before adjustment for seasonal variation. percent for the U.S. all items CPI.

Estimating 100

Estimating Retail Statistics Electrical 100

Construction Lawyer

AUGUST 5, 2005

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier.

California 40

California Illinois AIA Chicago 40

The Korte Company

MAY 5, 2020

Nowhere is this contrast sharper than in construction. In this resource, we review the benefits of completing construction ahead of schedule, explain the challenges many owners must overcome when projects are finished early and share pre-construction planning tactics that will help you make the most of an early completion.

Construction 52

Construction Miami Schedule Leases 52

Construction and Infrastructure Law

AUGUST 13, 2019

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).

Bargains 52

Bargains Union Employment Contract 52

Construction and Infrastructure Law

AUGUST 13, 2019

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).

Bargains 40

Bargains Union Employment Contract 40