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Tag: good faith

Apr 28, 2022

A Century Later: Implied Duty of Good Faith and Fair Dealing Still Going Strong

Parties to construction contracts are often surprised to learn that they are bound to implied unwritten contract obligations in addition to the written terms of their contracts. Courts in the United States began to recognize certain implied contract obligations about 100 years ago in circumstances where application of the common law rules of contract formation and interpretation would lead to results that the parties to the contract clearly did not intend.  As a result, the courts required that the implied contract obligations be consistent with and necessary to carry out the express terms of the contract, such that it could… Read more

Feb 26, 2018

New York City’s New Requirements for Workplace Accommodations

Workplace Accommodation for Disabilities, Wheelchair Access

Effective October 15, 2018, employers in New York City will be subject to broader accommodation requirements than those set forth in the Americans with Disabilities Act (“ADA”). A recent amendment to the New York City Human Rights Law (“NYCHRL”) requires employers to engage in a “cooperative dialogue” with an individual who is or may be entitled to an accommodation. The NYCHRL applies to employers with four or more employees, and under the new amendment, employers are required to engage in a “cooperative dialogue” with an individual who has requested an accommodation or who the employer has notice may require an… Read more