Sat.Mar 17, 2018 - Fri.Mar 23, 2018

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Pleading Inconsistent Theories of Recovery

GDB Firm Blog

Bucking a recent trend, a lower court refused to dismiss potentially "duplicative" causes of action in a contractor's complaint, allowing the contractor to assert both "legal" and "equitable" claims.

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Arbitration Clause Not "Incorporated By Reference"

GDB Firm Blog

The Appellate Division reminds us yet again that not everything in a prime contract gets "incorporated by reference" into the subcontract. Here, the arbitration clause binding the contractor to the owner did not flow down to the subcontractor.