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Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim?

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

Constructlaw

This article was originally published in Government Construction (Volume 5, Issue 2 – Summer 2020), an ABA Division 13 Quarterly Newsletter. 14 The DOS granted PSJV the requested time extension, but rejected PSJV’s claim for additional costs associated with the temporary shutdown and expanded medical capabilities.

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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

In MZM Construction Company, Inc. In 2001, New Jersey construction company MZM Construction Company hired workers from a local labor union for a construction project at Newark International Airport. The Funds also informed MZM that, absent payment, the Funds would initiate arbitration.

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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Constructlaw

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

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

NH Construction Law

Sometimes a nonpaying owner’s claim of breach by the general contractor as an excuse for withholding money is valid, sometimes it isn’t – but either way, the general contractor must decide whether to sue or settle with the owner. Quinn Construction, Inc. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D.

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#123:  Bonding Around a Mechanic's Lien

NH Construction Law

Draws on a construction loan may halt. If an initial court challenge to the lien fails, the general contractor may well be coerced into an unfavorable settlement of the lienor’s claim. Eclipse Construction, Inc. ; HPB Construction, LLC v. v Calamar Construction Management, Inc. The MacMillin Company, LLC.

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What Is a Construction Punch List (And How to Improve)

Autodesk Construction Cloud

6 Easy Ways to Improve Construction Punch Lists At some point, no matter how much of a joy (or hell) it’s been, every project must come to an end. But as most steps in construction, it’s easier said than done. What Is a Construction Punch List? The construction punch list, also known as a snag list in the U.K.,