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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. After the project began, a labor union representative approached and asked MZM’s president to execute a “short-form agreement.”

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The Second Best Way to Mitigate Your Risk in Green Building

Green Building Law Update

The best way to mitigate risk in your green building project are properly drafted contract documents prepared by this law firm or by another attorney with green building experience. As I posted in this blog less than a year ago, Less than 20% of Green Building Contracts are Properly Drafted. That may sound self serving, but it is true.

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How to Avoid Disputes in Construction

Construction Marketing

What follows next is a fierce legal battle that puts both the contractor and the investor on the losing end. Having a gentleman’s agreement is the worst mistake you could ever make. The advantage of having a binding agreement is that it can be referred to during construction dispute resolution process. Put It in Writing.

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A Day in the Life of a Green Building Attorney

Green Building Law Update

Client names and other specific references are omitted to protect the not so innocent.). Responding to consultant email and draft report of Phase II environmental site assessment. Reviewing and approving quotes in draft third party journal article on defects in green building contracts. Lunch with prospective client].

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How to Protect Your Business When Employees Get Poached

Pro Builder

Those items proved valuable resources for conducting his new duties—so valuable that his previous employer sued for violation of confidentiality and nondisclosure agreements and for illegal use of trade secrets. Confidentiality agreements. What Is a Restrictive Covenant? Three Most Common Types . Covenants not to compete .

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Contractors: What is UETA and Why Should You Care?

Best Practices Construction Law

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. The statute expressly states that: A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

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Would you apply for this job?

Construction Marketing Ideas

In my opinion, the best “employees” are not actually employees (both in the legal and practical sense). We then find the positive references we had received were under duress — the employee had threatened or extracted a human rights commission settlement from a previous employer! This is a one-sided war.