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#135:  Unconscionable Arbitration Agreements

NH Construction Law

“An agreement to arbitrate may be unenforceable if pursuing a claim in arbitration is so cost prohibitive that it prevents a party from vindicating its rights.” ” With that opening sentence, the Texas Supreme Court in Lennar Homes of Texas, Inc. ” Id. That didn’t work in Lim v. TForce Logistics LLC , 8 F.4th

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Illinois Federal District Court Enforces Partially Executed Agreement to Arbitrate

Constructlaw

District Court for the Southern District of Illinois recently enforced a partially executed agreement to arbitrate where the party that failed to countersign demonstrated assent through its acts and conduct. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

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Illinois Federal District Court Enforces Partially Executed Agreement to Arbitrate

Constructlaw

District Court for the Southern District of Illinois recently enforced a partially executed agreement to arbitrate where the party that failed to countersign demonstrated assent through its acts and conduct. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.

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Assignment of Benefits for Contractors: Pros & Cons of Accepting an AOB

Levelset

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. Setting up an AOB.

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Reliance on Letter Agreement Defeats Architect’s Copyright Claim

Construction Lawyer

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. Some time later, the architect drafted an AIA contract which the owner marked up with various changes. The architect was hired to design a restaurant for the owner. The lawsuit followed.

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Construction Law: July 2024

Construction Law

News Our regular news round up includes a landmark Supreme Court judgment that will affect many major infrastructure projects; transparency concerns over the burgeoning use of framework agreements; and a council victory in a judicial review involving a private finance initiative roads project.

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

Constructlaw

Department of State , 1 the Board rejected a contractor’s claim for additional costs related to demobilization and remobilization of the job site in Freetown, Sierra Leone, due to an Ebola virus outbreak. 2 The contract included all necessary labor, materials, equipment, and services. In mid-March 2015, PSJV remobilized to the site.

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