News & Analysis as of

Notice Provisions

Bracewell LLP

Pregnant Workers Fairness Act: Long Anticipated Final Rule Published by the EEOC

Bracewell LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), which became law on June 27, 2023. Employers previously relied on...more

Oliva Gibbs LLP

If the Lease Requires Notice, Then Provide Notice: Simple Enough?

Oliva Gibbs LLP on

I. Background In the case of Kirkbride v. Antero Res. Corp., the Sixth Circuit Court of Appeals is faced with a novel argument on the interpretation of a condition precedent within an oil and gas lease. The case comes to the...more

White and Williams LLP

First Circuit Holds That Notice Provisions in Claims Made Policies Must Be Strictly Enforced

White and Williams LLP on

In President & Fellows of Harvard College v. Zurich Am. Ins. Co., the United States Court of Appeals for the First Circuit ruled that Harvard was not entitled to coverage under an excess claims-made and reported policy issued...more

Woods Rogers

New Federal Laws Strengthen Protections for Pregnant and Postpartum Workers

Woods Rogers on

In December 2022, Congress enacted two new federal laws that protect employees and applicants who are pregnant or postpartum: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing...more

Whitman Legal Solutions, LLC

Contract Drafting Fundamentals – Modernizing Notice Provisions

What are Notice Provisions in A Contract? Notice provisions are contract terms that describe the procedure parties must follow when notifying each other about important contract developments. Most contracts have a general...more

Snell & Wilmer

Texas Finds Actual Notice is Not Substantial Compliance with a Written Notice Provision

Snell & Wilmer on

The Supreme Court of Texas recently addressed notice requirements in a construction contract. In James Construction Group, LLC v. Westlake Chemical Corporation, the court held that even though the substantial compliance...more

White and Williams LLP

Five Frequently Overlooked Points of Construction Contracts

White and Williams LLP on

There is no shortage of articles addressing the key points of construction contracts. Just enter that phrase into any internet search engine and you will find plenty. It should go without saying that a construction contract...more

White & Case LLP

Time-bar clause in construction contract defeated by estoppel

White & Case LLP on

Estoppel and waiver are common arguments used to rebut the enforcement of time bar and notice provisions in construction contracts. However, these arguments have often seen limited success. Nevertheless, estoppel was...more

White & Case LLP

Time bar notices: specifying the contractual basis of claim

White & Case LLP on

Can a valid claim notice issued, on time, referring to one contractual basis, be relied upon where a claim is ultimately pursued on a different ground? In the first authoritative case to consider this issue, the Hong Kong...more

Proskauer - Tax Talks

High Court decision highlights importance of ensuring claims notices include required information

Proskauer - Tax Talks on

In Dodika Ltd & Ors v United Luck Group Holdings Limited, the High Court (HC) has accepted the sellers’ argument that a notice of a tax claim under a tax covenant served on them by the buyer was invalid because it did not...more

Holland & Hart LLP

Drafting Commercial Contracts: Eight Important Provisions During a Pandemic

Holland & Hart LLP on

Companies have been navigating how to adjust “standard” business contracts to mitigate the ongoing uncertainties and risks resulting from the COVID-19 pandemic for several months now. Parties should consider the following...more

Whitman Legal Solutions, LLC

Why the Coronavirus Pandemic Will Change Severability Clauses

Two years ago, in Severability Clauses: To Sever, Modify, or Invalidate?, I discussed how to review and negotiate severability clauses. My focus then was on customizing what many view as a boilerplate contract provision to...more

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: N is for Notice

In my last post, “Real Estate Alphabet Soup: M is for Force Majeure” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “N.”...more

Whitman Legal Solutions, LLC

Giving Notice Under Contracts During the Coronavirus Pandemic

What is a Notice Clause? A notice clause describes the process parties must use to provide formal notice to each other. As I discussed in my previous article Read Your Concert Program Booklet and Your Boilerplate Notice...more

Burns & Levinson LLP

Actual Notice Via Email Is Not Always Sufficient

Burns & Levinson LLP on

In another post, I discussed how an email can satisfy the signature requirements of the Statute of Frauds. Nevertheless, an email is not always sufficient. Indeed, as the plaintiff in Terry v. Vinfen recently learned,...more

Carlton Fields

Ohio Appellate Court Rejects Policyholder’s Notice-Prejudice and Continuity of Coverage Arguments

Carlton Fields on

Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end...more

Littler

Ontario, Canada: What Is an Employee’s Entitlement to Incentive Plan Compensation during the Notice Period?

Littler on

In Manastersky v. Royal Bank of Canada, 2019 ONCA 609, the Ontario Court of Appeal (“OCA”) considered the important question of whether a terminated employee is entitled to be awarded damages in lieu of a lost opportunity to...more

BCLP

Time bars under FIDIC 2017 – are more notices the answer?

BCLP on

Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a...more

Whitman Legal Solutions, LLC

Performing From Memory and Eliminating Unnecessary Contract Provisions

Preparing contracts can be like using the music for a performance. Like musicians are expected to perform from memory even when it does not serve them well, contracts include boilerplate language which does not add to the...more

Schwabe, Williamson & Wyatt PC

Recent Supreme Court Opinion Serves as Call to Action for Contractors to Review Contract Notice Requirements

The Supreme Court of the State of Washington issued its opinion in Nova Contracting Inc. v. City of Olympia, Docket No. 94711-2 on September 27, 2018, which hammers home the need for contractors to review the notice...more

Bradley Arant Boult Cummings LLP

Notice Periods and Termination Clauses as Limitations on Damages - Construction and Procurement Law News, Q2 2018

A recent Supreme Court of North Dakota holding is worth noting for anyone who enters into agreements containing notice periods to terminate the right or obligation to proceed under a contract. Continental Resources, Inc. v....more

Whitman Legal Solutions, LLC

Read Your Concert Program Booklet and Your Boilerplate Notice Provisions

Concertgoers typically receive a program as they enter the concert hall. Frequently, orchestras include several concerts in a single printed program, so the programs are small booklets, rather than just a couple of sheets of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Should Public Employers Consider Issuing a Janus Notice Where a Checkoff Clause is Contained in a CBA?

As of the Supreme Court’s recent decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, state laws requiring public sector collective bargaining agreements to contain agency shop...more

Snell & Wilmer

Delay and Disruption Claims

Snell & Wilmer on

Delay and disruption issues can come up in any project. This article offers an initial introduction and explains the legal requirements for both delay and disruption claims, and practical ideas....more

Robinson+Cole Property Insurance Coverage...

Late Notice in Florida: Appellate Court Affirms Finding of No Coverage Where Insurer Prejudiced In Determination of Extent of...

Notice provisions in property insurance policies typically require the insured to promptly provide notice of a loss to the insurer. Despite the plain language requiring prompt notice, some jurisdictions require that an...more

43 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide