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The government provided updates on the 3rd and 27th of January, 2017, on its continuing efforts to deal with the “complexity of the issues involved. [read post]
18 Apr 2016, 1:38 pm by scottgaille
For example, project sponsors and contractors often argue about the duration of the warranty period. [read post]
14 Mar 2016, 2:56 am by Kevin LaCroix
  The parties to the underlying action settled during post trial appeals. [read post]
14 Jan 2016, 3:28 pm by John Chierichella
  This latter statute provides that the “trustee may not assume . . . any executory contract . . . if . . . applicable law . . . excuses a party . . . to such contract . . . from accepting performance from . . . . an entity other than the debtor or debtor in possession…” Unfortunately, there are cases that come down on both sides here, holding in contradictory fashion that (1) Section 365(c)(1) does not prohibit a debtor in poss [read post]
14 Jan 2016, 3:24 pm by John Chierichella and Keith Szeliga
  This latter statute provides that the “trustee may not assume . . . any executory contract . . . if . . . applicable law . . . excuses a party . . . to such contract . . . from accepting performance from . . . . an entity other than the debtor or debtor in possession…” Unfortunately, there are cases that come down on both sides here, holding in contradictory fashion that (1) Section 365(c)(1) does not prohibit a debtor in poss [read post]
6 Nov 2015, 12:47 pm by Elina Saxena, Quinta Jurecic
German Chancellor Angela Merkel has rejected plans from her own party to instill further restrictions on asylum seekers. [read post]
24 Aug 2015, 5:01 pm by Law Lady
RICHARD STONE, M.D., et al., Appellees. 3rd District.Wrongful death -- Product liability -- TobaccoDIANA PAPPAS, as Personal Representative of the Estate of MINA PAPPAS, Deceased, Appellant/Cross-Appellee, v. [read post]
31 May 2015, 10:21 am by Law Lady
FRANKLIN DURAN, Respondent. 3rd District.Torts -- Malicious prosecution -- Attorney's fees -- Claim or defense not supported by material facts or applicable law -- Trial court erred in awarding attorney's fees pursuant to section 57.105, Florida Statutes, in favor of defendant, an unlicensed contractor who had filed an invalid lien against plaintiff's property, on the basis that plaintiff's malicious prosecution action against defendant was not supported by… [read post]
7 Mar 2015, 9:57 pm by Sean Hayes
HR Practices Review of employment agreements, independent contractor agreements and the employee handbook – if any. [read post]
16 Feb 2015, 4:24 pm by Law Lady
CANDICE SAFFER, Appellee. 3rd District.Contracts -- Construction -- Third-party complaint by contractor who had been sued for defective construction of home against subcontractor, alleging that subcontractor had breached oral contract with contractor to install interior drywall in home by failing to properly install drywall -- Although one paragraph of complaint stated that subcontractor “performed its drywall work pursuant to the oral agreement,”… [read post]
3 Dec 2014, 4:16 am by David DePaolo
******************Shameless PlugSaturday at the LAX Sheraton Gateway Hotel WorkCompCentral hosts its 3rd Annual Comp Laude Gala and Awards. [read post]
25 Jun 2014, 2:19 am by Law Lady
YATES, M.D., INDIVIDUALLY AND AS SHAREHOLDER IN DABAMA, INC., KATHLEEN YATES, DEBORAH TRAVIS AND SUSANNE TRAVIS FOR THE TRAVIS FAMILY, Appellees/Cross-Appellants. 3rd District.Torts -- Contracts -- Evidence -- Settlement agreement -- In action by Airport District against construction management contractor alleging negligence and contract claims arising out of installation of improper-sized sand in stormwater retention pond, it was error to admit evidence of District's… [read post]
20 Mar 2014, 11:17 am by admin
The PWGSC commentary states that the effect of the new policy is that “contractors are now required to apply the integrity provisions to subcontractors”. [read post]
30 Nov 2013, 4:06 pm by Law Lady
., Appellees. 3rd District.Attorney's fees -- Prevailing party -- Administrative law -- Counties -- School boards -- Exceptional student education -- Due process hearing -- Statute providing for award of attorney's fees to prevailing party in administrative proceedings under chapter 120 does not apply to proceeding brought under section 1003.57, which is controlled by procedures outlined in section 1003.57(1)(b)A. [read post]
16 Sep 2013, 3:21 pm by Cynthia Marcotte Stamer
  To facilitate any tailoring, the agencies provided a text-only version for Covered Entities wishing only wish to use the content with or without tailoring. [read post]
27 Aug 2013, 8:13 pm by Cynthia Marcotte Stamer
  Employers that are government contractors should review the proposed regulations to determine its anticipated effect. [read post]
11 Jul 2013, 3:33 pm by Cynthia Marcotte Stamer
  This should start with auditing the classification of all workers providing services as employees, contractors or otherwise  to be sure that they are properly classified. [read post]