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13 May 2015, 8:00 am
Section 12940(j)(5) defines "a person providing services pursuant to a contract" as one who (1) "has the right to control the performance of the contract for services and discretion as to the manner of performance"; (2) "is customarily engaged in an independently established business"; and (3) "has control over the time and place the work is performed, supplies the tools and instruments used in the work, and… [read post]
12 May 2014, 9:26 am
Category: Recent Decisions;Contract Law Opinions Body: SC18789 - Pack 2000, Inc. v. [read post]
5 Dec 2016, 11:29 am
Facts: This case (Joan Cravens Construction, Inc. et al v. [read post]
30 Apr 2010, 5:25 am
Sherwood Van Lines, Inc., 50 F.3d 1014, 1017 (Fed. [read post]
24 Dec 2012, 8:00 am
The New York cases following this view recognize insurance contracts include an additional performance-based component: the insurer agreed to evaluate a claim, and to do so honestly, adequately, and—most importantly—promptly. [read post]
27 Oct 2011, 2:19 pm
Magnet Res., Inc. v. [read post]
18 Dec 2009, 10:08 am
The Court agreed with the employees and held that where an employer makes a unilateral promise to an at-will employee and the employee performs, a binding contract is formed upon that performance. [read post]
27 Aug 2012, 3:15 pm
The breach must constitute a total failure in the performance of the contract. [read post]
7 Nov 2016, 4:00 am
" Citing Clark-Fitzpatrick, Inc. v Long Is. [read post]
19 Feb 2023, 7:30 am
Burkett Properties, Inc., 2023 WL 2000991 (Fla. 4th DCA 2023). [read post]
13 Feb 2009, 8:51 am
JAG Energy Inc., No. 08-20152 (5th Cir. [read post]
24 Jun 2011, 12:42 pm
See id. at 224; Restatement (Second) of Contracts § 205 (1981) (“Every contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement. [read post]
22 May 2019, 6:52 pm
May 17, 2019).No contract despite two signatures on a job performance evaluation Employer's disclaimer: Performance Appraisal not a Contract The nurses were successful on their claim that they had been promised a fixed amount of annual salary as opposed to being compensated at an hourly rate for the number of hours worked. [read post]
31 Jul 2017, 11:58 am
Wightman), which held, “where a contract is performable on the occurrence of a future event there is an implied agreement that the promisor will place no obstacle in the way of the happening of such even, particularly where it is dependent in whole or in part on his own act; and, where he prevents the fulfillment of a condition precedent or its performance by the adverse party, he cannot rely on such condition to defeat his liability. [read post]
2 Aug 2017, 10:21 am
In IAP Worldwide Services, Inc. [read post]
5 Sep 2023, 6:21 am
The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price task order. [read post]
17 May 2020, 1:29 pm
Smart E-Solutions, Inc., 2020 WL 2296941 (Ct. [read post]
15 Jan 2020, 6:18 pm
The work included raising the elevation of the dam and required LaForge to perform the work in accordance with the plans and specifications provided in the contract. [read post]
19 Feb 2015, 9:52 am
Category: Recent Decisions;Contract Law Opinions;Property Law Opinions Body: SC19227 - Howard-Arnold, Inc. v. [read post]
26 Apr 2012, 5:28 pm
In International Engineering Services, Inc. v. [read post]
