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The Boston Harbor reclamation project that began in the 1980s became the focus of debate over the legality of PLAs. [12] [13] When the Massachusetts Water Resources Authority elected to use a PLA for the project that mandated union-only labor, [14] the Associated Builders and Contractors of Massachusetts/Rhode Island, Inc. challenged its legality, asserting that the use of a PLA was prohibited ...
One former NEC3 clause which dealt with the "spirit" of the contract was divided into two clauses, to show that both aspects should be complied with: Clause 10.1: the parties and the service manager act as stated in the contract; Clause 10.2: the parties and the service manager act in a spirit of mutual trust and cooperation. [14]
The purpose of a liquidated damages clause is to increase certainty and avoid the legal costs of determining actual damages later if the contract is breached. Thus, they are most appropriate when (a) the parties can agree in advance on reasonable compensation for breach, but (b) the court would have a difficult time determining fair ...
The contract clause that is normally in a commercial software contract acquisition is the FAR 52.212-4, Commercial Items, clause. This clause mirrors the above intent which states that the Government will have rights provided to the normal consumer in that particular market, which in reality are defined by a separate software license.
A design agreement between an employer and a specialist designer; Forms of tender for issue by an employer to prospective main contractors and for issue by a main contractor to prospective subcontractors and for issue by a subcontractor to prospective sub-sub-contractors; A form of contract for the supply of goods;
An example clause from a construction context reads: Subcontractor agrees that all progress payments and final payment to Subcontractor are contingent upon and subject to Owner's acceptance of Subcontractor's work and upon contractor's receipt of payment from Owner.
An exit clause is a form of condition subsequent that can serve as a form of insurance for the party to whom it applies. [ 4 ] In contract law , a contract may be frustrated on the occurrence of a condition subsequent: in a contract to provide a music hall for a musical performance, the burning down of the music hall may frustrate the contract ...
In September 2024, the U.S. District Court for the Middle District of Florida ruled that the FCA qui tam provision violates the Appointments Clause of Article II of the U.S. Constitution. [70] Clarissa Zafirov filed a lawsuit under the FCA in May 2019, alleging her employer and other defendants committed Medicare fraud by misrepresenting ...