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5 Legal Documents All Construction Business Owners Should Use

Construction Business Owner

Have you ever spent hours drafting a contract, only to discover that there is already a standard contract that would have worked well, or at least given you a good starting point? While there are several documents that contractors use regularly, there are also other lesser-known legal documents that owners may find useful.

Legal 265
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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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How to Avoid Disputes in Construction

Construction Marketing

Disputes in the construction industry are very common. What follows next is a fierce legal battle that puts both the contractor and the investor on the losing end. Here is a list of tips that can guide you towards preventing disputes in construction projects. When a dispute happens, it causes the project to be delayed.

Agreement 121
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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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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

As you may be aware, one of the greatest risks on a construction project involves the payment process. Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Turner Construction Company , the U.S. However, in Thomas J.

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Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!

Best Practices Construction Law

In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. As an example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. You don’t always say what you mean. For example, in TM Delmarva Power v.