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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

New Jersey Building Laborers Statewide Benefits Funds , [1] the Third Circuit held that the courts must decide questions of arbitrability in cases where a party challenges the validity of the underlying contract that contains the arbitration agreement — even when the putative arbitration agreement refers these questions to the arbitrators.

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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. ” 286 A.3d 3d at 1200. ” 286 A.3d 3d at 1201.

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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. Sometimes, however, parties knowingly contract with the unlicensed.

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

Constructlaw

During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. 7] In doing so, there is a risk that a dispute board could deny a party the benefit of their bargain by ignoring specific contractual terms.

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“Mitbestimmung” in Tennessee

Buisness Facilities Contributed Content

The UAW, in decline for decades as foreign automakers populated the South with non-union plants, kept itself alive during the Recession by agreeing to a contract that pays its newer members $15 per hour. This steep cutback in wages–veteran UAW members earn $28/hr–helped make U.S.

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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).