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

Constructlaw

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. Commercial Painting Co. 2022 WL 737468 (Tenn.

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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. ,

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New Executive Order Requires Paid Sick Leave for Federal Contractors

Best Practices Construction Law

Leave also extends to the same for an employee’s spouse, child, parent, blood-related family member, or someone “whose close association with the employee is the equivalent of a family relationship.” That’s the legal speak! But what’s the practical effect on federal contractors?

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

Constructlaw

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.

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WILG president talks workplace injuries

Safety Services Company

This article was written by Safety Consultants with Safety Services Company , we provide Construction, Manufacturing, and General Industry Safety Programs to over 100,000 clients across the United States and Canada. From my years as a teenager I have seen firsthand how workers benefited from solid legal representation.

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