Bargains, Contract and Legal - Professional Constructor Central

Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged

Constructlaw

SEPTEMBER 29, 2020

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.

Agreement

Agreement Bargains New Jersey Contract

Tips for Enacting Workplace Mask, Vaccine Requirements

Pro Builder

AUGUST 18, 2021

But recent court decisions have provided legal support, Blue added, including one ruling upholding a Texas hospital's mandate. Workers who are part of a union may be subject to an employment agreement or collective bargaining agreement that impacts the situation, Conrad Kennedy said. Equal Employment Opportunity Commission.

Employment

Employment Bargains Agreement Indiana

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

Constructlaw

JUNE 17, 2022

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.

Colorado

Colorado Tennessee Claims Contract

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

NH Construction Law

MAY 20, 2023

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.

Contractors

Contractors Bargains New Hampshire Contract

Can Parties Knowingly Exploit Unlicensed Contractors?

Construction Dive

FEBRUARY 21, 2013

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.

Contractors

Contractors Bargains Subcontracting Claims

#105: Nonmutual Arbitration Agreements

NH Construction Law

SEPTEMBER 28, 2021

Many construction contracts and subcontracts provide for arbitration of disputes. To be enforceable, contracts require “consideration,” a bargained-for exchange of value or promises of value on both sides. Some of them give just one of the parties an option to require arbitration. See DiMercurio v. Ancel, Inc.

Agreement

Agreement New Hampshire Subcontracting United States

New Executive Order Requires Paid Sick Leave for Federal Contractors

Best Practices Construction Law

DECEMBER 16, 2015

The Executive Order is scheduled to take effect for contracts entered into after January 1, 2017. Leave also extends to the same for an employee’s spouse, child, parent, blood-related family member, or someone “whose close association with the employee is the equivalent of a family relationship.” That’s the legal speak!

Contractors

Contractors Employment Bargains Compensation

Details of tendering method in construction

Construction Cost Estimating

MAY 21, 2018

In legal term such tender recognizes constitute invitation to treat, a simple request made by the employer for appropriate contractor to tender their bids or offers. Client will acquire the bargain possible. The client publishes the tender offer in the local newspaper as an advertisement. Wasteful application of source.

Bidding

Bidding Construction Bargains Contractors

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

Constructlaw

NOVEMBER 24, 2020

“Dispute board” is a generic term that describes a panel of three independent and impartial individuals such as lawyers, engineers, and other experts who are selected by the contracting parties to resolve project-level disputes before the commencement of more formal dispute resolution processes such as arbitration or litigation. [2]

Construction

Construction Contract Modeling Cash Flow

“Mitbestimmung” in Tennessee

Buisness Facilities Contributed Content

OCTOBER 16, 2013

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.

Tennessee

Tennessee Union South Carolina Alabama

25 HR Compliance Terms to Know for 2018

Green Building Law Update

DECEMBER 27, 2017

The employer opts out of certain services with one vendor and contracts another to deliver the previously opted-out services. Collective Bargaining: One or more unions meeting with representatives from an organization to negotiate labor contracts. Carve-Out: Eliminating coverage of a specific category of benefit services (e.g.

Employment

Employment Compensation Insurance Discrimination

constructionattorneyblog: California: No contractual jury waiver

Construction Lawyer

AUGUST 5, 2005

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >.

California

California Illinois AIA Chicago

Contractor Marketing That Works: Driving Me Crazy

Constructor Marketing that Works

APRIL 14, 2010

I was driving the trusty Chrysler minivan (legally mandated for all young parents back then) on a heavy switchback road in western North Carolina called ‘tail of the dragon’ to give you an idea of the curviness. Yet the real surprise of the day, is she is now a legal driver, piloting her very own (used) car. Double wow.

Contractors

Contractors Electrical Roads North Carolina

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

AUGUST 13, 2019

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).

Bargains

Bargains Union Employment Contract

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

AUGUST 13, 2019

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).

Bargains

Bargains Union Employment Contract

Professional Constructor Central

Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged

Tips for Enacting Workplace Mask, Vaccine Requirements

Trending Sources

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

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

Can Parties Knowingly Exploit Unlicensed Contractors?

#105: Nonmutual Arbitration Agreements

New Executive Order Requires Paid Sick Leave for Federal Contractors

Details of tendering method in construction

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

“Mitbestimmung” in Tennessee

25 HR Compliance Terms to Know for 2018

constructionattorneyblog: California: No contractual jury waiver

Contractor Marketing That Works: Driving Me Crazy

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

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

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