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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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Labour Contract Vs Material Contract - Which Contract is Better for Constructing your House?

Civil Lead

When we are planning to construct a building or house the first question comes in our mind is we have to give a material contractor or labour contract. Whereas in the material contract all materials and labour required for the construction are supplied by the contractor. While the contractor may or may not do that.

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GA Court of Appeals Enforces Contract Clause, Excluding Liability for Incidental Damages Where Specific Performance Is Ordered

Constructlaw

Under the Agreement, 360 was to apply to rezone the Site, to collaborate with DonRob on site and joint development plans, and to design and construct an access road, including the associated drainage and retainage, utilities, access points, and sidewalks. DonRob counterclaimed for breach of contract. Old Peachtree Partners, LLC.

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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. The United States Civilian Board of Contract Appeals (the “Board”) recently issued a decision that may be particularly pertinent in light of the COVID-19 pandemic. In Pernix Serka Joint Venture v.

Claims 52
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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. Economic losses flowing from fraud related to such a contract are not recoverable.

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

NH Construction Law

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”