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ARTICLE · 11 OCTOBER 2017

Considerations On Dual-Shops Following 'Navillus'

Troutman Pepper Locke LLP
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On September 20, 2017, a group of construction union trusts that operate in the New York City metropolitan area successfully obtained a $76 million award from a midtown construction firm...

United StatesReal Estate and Construction
Kirk Dungca
Kirk Dungca
Gerald A. Francese
Gerald A. Francese
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On September 20, 2017, a group of construction union trusts that operate in the New York City metropolitan area successfully obtained a $76 million award from a midtown construction firm and a major real estate developer after a three-year court battle. In a decision with potentially widespread implications for the city's construction and development firms, the United States District Court Southern District of New York found that a construction company subject to multiple collective bargaining agreements (CBAs) fraudulently established an alter ego company in an attempt to divert work away from several major city construction unions in violation of the "work preservation clauses" contained in the related CBAs. 1

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