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Searching Content indexed under Contracts and Commercial Law by Dickinson Wright PLLC ordered by Published Date Descending.
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1
Avoiding The Tennessee Retainage Requirements
In Vic Davis Construction, Inc. v. Lauren Engineers & Constructors, Inc., the Tennessee Court of Appeals approved a contractor's use of closeout costs to "holdback" 5% of the contract price without complying with the...
United States
11 Jul 2019
2
Caveat Contractor: Arizona Court Of Appeals Interprets Prompt Pay Act As "Prompt Billing Act" To Deny Relief To Unpaid Contractor
The Arizona Court of Appeals recently denied a contractor's claim that the owner had violated Arizona's prompt pay act despite the owner's admission that it had not paid the contractor or objected to the payment application within the statutory time.
United States
5 Mar 2019
3
What You Need To Know About Nashville's Equal Business Opportunity Program
On January 4, 2019, Mayor David Briley approved the enactment of the Metropolitan Government of Nashville and Davidson County Equal Business Opportunity Program (the "Program").
United States
30 Jan 2019
4
AIA Releases 2017 Construction And Design Agreements
At the end of last month, the American Institute of Architects ("AIA") released several revised documents including the primary agreements between the owner and contractor and the owner...
United States
15 May 2017
5
New Rules For Nevada Noncompetes
The Nevada Supreme Court recently has injected substantial uncertainty into any Nevada contract that contains a noncompete agreement, and companies need to conduct a careful review of any contract that contains a noncompete . . .
United States
14 Dec 2016
6
Michigan Supreme Court Holds That The Federal "Rule Of Reason" Applies In Evaluating The Enforceability Of Noncompete Agreements Between Businesses
The Michigan Antitrust Reform Act (MARA) contains a specific provision, MCL 445.774a, that governs the enforceability of noncompete agreements between employees and employers.
United States
22 Jul 2016
8
Homeowners Who Purchase Directly From Homebuilders May Seek Recovery Of Attorneys' Fees On Claims For Breach Of The Implied Warranty Of Workmanship And Habitability
The original extension of implied warranty claims to subsequent purchasers effectively eliminated any distinction between them and original purchasers for purposes of such claims.
United States
29 Jun 2016
9
Michigan Supreme Court Holds That Agency Principles Apply To Determining The Scope Of An Arbitration Clause
It is well established that whether a particular dispute falls within the scope of an arbitration clause depends on the language of the parties' agreement.
United States
26 Jun 2016
10
Government Claims Against Contractors And Developers Subject To Statute Of Repose Filing Deadlines, Arizona Court Of Appeals Rules
In a matter of first impression, the Arizona Court of Appeals recently ruled that government claims against contractors and developers are subject to the time limits set forth in the Construction Statute of Repose.
United States
1 Jun 2016
11
Franchise & Distribution News, Number 2 - April 2016
Ontario restaurants, bars and other businesses with employees who receive some of their pay through tips and gratuities will face new laws governing how these tips are collected and distributed to employees beginning this summer.
United States
14 Apr 2016
12
Dunkin' Donuts Quebec Case Now Final
The Quebec Court of Appeal's April 15, 2015 decision is now the last word in a landmark case brought by 21 Dunkin' Donuts Quebec franchisees against their franchisor, Dunkin' Brands Canada Ltd.
United States
14 Apr 2016
13
How Enforceable Are Your Non-Competition Covenants In Canada?
Most franchise agreements include a non-competition covenant preventing a franchisee from competing with the franchisor during the term, and in many cases after the term of the agreement.
United States
14 Apr 2016
14
A New Paradigm In Canadian Franchise Law
In Dunkin' Brands Canada Ltd.,1 the Quebec Court of Appeal upheld the trial court decision which held the franchisor liable for failing to protect its brand, but reduced the damages awarded to franchisees.
Canada
22 Jul 2015
15
A View From Twin Peaks
Other than the obviously now dated TV show, up until a couple of weeks ago, the only other definition of Twin Peaks was a restaurant chain that featured double entendre advertising, scantily clad women servers and "man food."
United States
22 Jul 2015
16
IRA "Charitable Rollover" Retroactively Extended Through 2014
As a part of the so-called "Cromnibus" bill, Congress has extended dozens of expired "temporary" tax breaks for 2014.
United States
19 Dec 2014
17
United States: The "Top Ten" Things For A Supplier To Consider In Terminating A Distributor
There are some fundamental issues that demand attention whenever a supply relationship is involuntarily terminated.
United States
27 Jun 2014
18
Franchise & Distribution News - June 2014
British Columbia, which presently does not have a franchise specific statute, recently took one step closer to implementing such legislation.
United States
27 Jun 2014
19
Heads Up: Canada’s Anti-Spam Legislation (CASL) Takes Effect On July 1st
Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM).
Canada
27 Jun 2014
20
The "Top Ten" Things For A Supplier To Consider In Terminating A Distributor
Regardless of labels like "dealer," "distributor" or "reseller," there are some fundamental issues that demand attention whenever a supply relationship is involuntarily terminated.
United States
26 Mar 2014
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