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Tips for Enacting Workplace Mask, Vaccine Requirements

Pro Builder

For example, they may need to consider whether their workplaces are communal, and whether they permit employees to safely socially distance. Workers who are part of a union may be subject to an employment agreement or collective bargaining agreement that impacts the situation, Conrad Kennedy said. Read More. .

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

NH Construction Law

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.”

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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

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.

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Supreme Court Narrows Review of Arbitration Award

Construction Lawyer

Sutter , declined to overturn an arbitrator''s decision to permit class arbitration. In Oxford, the arbitrator was asked by the parties to interpret the agreement and decide whether it permitted class arbitration. But “the task of an arbitrator,” we stated, “is to interpret and enforce a contract, not to make public policy.”

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CBCA Offers Potential Insight Into How Board Will Handle Claims Related to COVID-19

Constructlaw

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
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constructionattorneyblog: California: No contractual jury waiver

Construction Lawyer

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.

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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).