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Breach of Contract › Unfair or Deceptive Trade Practices › Construction Contracts

Kohrman Jackson & Krantz LLP

Avoiding Legal Pitfalls: Understanding Ohio’s Home Solicitation Sales Act

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Are you a contractor who sells services directly to customers at their homes or outside your ordinary place of business? If so, do you know about Ohio’s Home Solicitation Sales Act? Understanding this law is crucial, and if...more

Adams & Reese

“Hidden Ball Trick” – Yankees’ Aaron Judge Case Involving Deception Carries Lessons for Contractors

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The hidden ball trick is a baseball play in which the fielder fakes a throw to the pitcher, so that he can trick the runner into stepping off the base. The fielder then tags out the runner. It’s a deceptive move that can...more

Robinson+Cole Construction Law Zone

Repurposing Real Estate Development to Counter Weakened Demand: Know the Risks Before Terminating Contracts

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Pacta sunt servanda, i.e., agreements must be kept. This applies in both good economies and bad. Companies considering a modification of their business operations to offset lower revenue must be mindful of existing...more

Troutman Pepper Locke

North Carolina Federal District Court Dismisses Tort Claims Based on Same Duty and Breach Alleged in Plaintiff’s Contract Claims

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Precision Hydraulic Cylinders, Inc. v. Manufacturing. Technology, Inc., No. 7:18-CV-203-FL, 2019 BL 344743, 2019 U.S. Dist. LEXIS 156670 (E.D.N.C. Sept. 13, 2019) - Precision Hydraulic Cylinders, Inc. (“Precision”) issued...more

Troutman Pepper Locke

Florida Federal Court Dismisses Fluor Enterprises’ $67M Claim Against Duke Energy for Wrongful Draw Down of Credit Letter

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Tampa D Fluor Enterprises, Inc. v. Duke Energy Florida, LLC, No. 8:19-cv-00224, 2019 BL 135007, at *1 (M.D. Fla. Apr. 16, 2019) - On April 16, 2019, a Florida federal court dismissed without prejudice Fluor Enterprises’...more

Troutman Pepper Locke

Can a Nonsignatory to an Arbitration Agreement Compel Arbitration by Estoppel? North Carolina Court of Appeals Says Yes — But Not...

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Smith Jamison Constr. v. Apac-Atlantic, Inc., 2018 N.C. App. LEXIS 132 (N.C. Ct. App. Feb. 6, 2018) - General contractor APAC-Atlantic (“APAC”) hired Smith Jamison Construction (“Jamison”) as a subcontractor to perform...more

Cohen Seglias Pallas Greenhall & Furman PC

Shafer Electric & Construction v. Mantia: PA Supreme Court holds that noncompliance with the Home Improvement Consumer Protection...

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Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the...more

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