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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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How to Avoid Disputes in Construction

Construction Marketing

Having a gentleman’s agreement is the worst mistake you could ever make. You should actually draft an agreement that states what each party will do and the action that should be taken against any party that fails to comply with the laid out rules. Put It in Writing. This helps in safeguarding the interests of all parties.

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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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Have You Seen All the Contract Documents?

Construction Dive

By Bruce Jervis Many project owners, contractors and subcontractors use their own “standard” forms of agreement. Not surprisingly, these customized contracts tend to favor the drafting party. The drafting party seeks to impose its terms through reference. What is disturbing is the lack of transparency.

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Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Construction Lawyer

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. The prime agreement between Weisel and Ryan consisted of an AIA Document A111 (presumably a 1997 version) and an AIA Document A201 (also presumably the 1997 version). Dist, Sept.

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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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Implied Copyright License

Construction Lawyer

The standard AIA agreements contain an express license. For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 For instance, AIA Document B101 (2007), the owner-architect agreement, contains this provision: § 7.3 the license granted in this Section 7.3 shall terminate.

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