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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

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. Quinn Construction, Inc. Skanska USA Building, Inc. ,

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Can Parties Knowingly Exploit Unlicensed Contractors?

Construction Dive

Under the statutes and/or case law in many states, unlicensed contractors cannot enforce the construction contract. To be blunt, they are not legally entitled to payment for their work, no matter how outstanding that work may have been. By Bruce Jervis Contractors performing work without proper state licenses are in great jeopardy.

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Dispute Boards: An Approach to the Efficient Resolution of Disputes in the Construction Sector

Constructlaw

Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. Advantages and disadvantages.

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WILG president talks workplace injuries

Safety Services Company

This article was written by Safety Consultants with Safety Services Company , we provide Construction, Manufacturing, and General Industry Safety Programs to over 100,000 clients across the United States and Canada. From my years as a teenager I have seen firsthand how workers benefited from solid legal representation.

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Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

Construction and Infrastructure Law

Finally, the third possible amendment would overrule current Board case law holding that collective bargaining language in the construction industry, standing alone, can be legally sufficient to prove a union’s majority status and establish a conventional 9(a) bargaining relationship between an employer and its employees’ union (9(a) relationship).