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

Best Practices Construction Law

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? Owners often begins negotiations from the opposite end of the spectrum for the same reasons. Do not negotiate against yourself.

Claims 69
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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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Sparks agree 7% wage increase from 2024

Construction Enquirer

Electrical Contractors’ Association chief negotiator Andrew Hutchins said: “The last few years have been difficult, and it is beneficial to have some certainty at a time when the wider economy is unpredictable. The two-year deal for the industry also includes a 5% uptick in rates from 2025.

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

Constructlaw

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.

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Client Relationships: 3 Reasons You Should Listen If Your Commercial Contractor Tells You No

HardHatChat

Working with a commercial contractor on a negotiated-bid basis, as Englewood Construction does with long-term client American Girl, can minimize the likelihood you’ll hear “no” from your GC during the bidding process. We want to please our clients and be a good partner to them plus everyone involved on a construction project.

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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.”

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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

In an earlier blog ( #62 ) I discussed the implied covenant of good faith and fair dealing that limits a contracting party’s exercise of the discretion afforded to it by the parties’ contract. The jilted sub sued for breach of contract and breach of the Consumer Protection Act. Ambrose Development, LLC , No.