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

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

Constructlaw

JULY 6, 2020

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. 2 The contract included all necessary labor, materials, equipment, and services. 2 The contract included all necessary labor, materials, equipment, and services.

Claims 52

Claims Contract United States Site 52

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

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

Construction Lawyer

MAY 13, 2013

It may gain this control through an assignment of the architect’s agreement to the bank upon the default of the borrower. Most owner/architect agreements allow for the assignment to take place if the borrower defaults under the loan agreement with its lender, the bank. This gives the architect substantial bargaining power.

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

Green Building Law Update

MAY 19, 2014

The earlier “LEED Project Registration Agreement” and “LEED Project Certification Agreement” have both been replaced in v4 with a new single Certification Agreement , accessed at the time of project registration through LEED Online after inputting the project details. Green Building Council.”

Contract 120

Contract Agreement Certification Bargains 120

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

Civil Lead

APRIL 22, 2020

When we are planning to construct a building or house the first question comes in our mind is we have to give a material contractor or labour contract. Whereas in the material contract all materials and labour required for the construction are supplied by the contractor. While the contractor may or may not do that.

Contract 52

Contract Materials Housing Bargains 52

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

Constructlaw

NOVEMBER 24, 2020

“Dispute board” is a generic term that describes a panel of three independent and impartial individuals such as lawyers, engineers, and other experts who are selected by the contracting parties to resolve project-level disputes before the commencement of more formal dispute resolution processes such as arbitration or litigation. [2]

Construction 40

Construction Contract Modeling Cash Flow 40

Contractor Bookkeeping

JUNE 5, 2013

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. Quote from homeowner who after an agreement was reached, contracts signed, deposit made before final payment tried one more time to re-negotiate the price.

Accounting 48

Accounting Inventory Construction Software 48

Job Order Contracting

JULY 12, 2018

Many collective bargaining contract agreements and pension plans, for example, tie compensation changes to the Consumer Price Index before adjustment for seasonal variation. BLS advises against the use of seasonally adjusted data in escalation agreements because seasonally adjusted series are revised annually.

Estimating 100

Estimating Retail Statistics Electrical 100

Construction Lawyer

AUGUST 5, 2005

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us.

California 40

California Illinois AIA Chicago 40

The Korte Company

MAY 5, 2020

Those that lease existing spaces often time construction to coincide with the expiration of a lease agreement. Moving into a new space can also impact agreements between owners and outsourced custodial or maintenance providers. The challenge is amplified if those providers are protected by labor unions. Equipment availability.

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