In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: Welliver was originally entered into by Wellco, Inc. as Welliver’s predecessor. 4 . Ward is a Delaware corporation with its principal place of business located in Bloss-burg, Pennsylvania. 5 . A “turn-key” project is one “in which all owner need do is 'turn the key' in the lock to open the building with nothing remaining to be done and all risks lo be assumed by contractor.” Black's Law Dictionary 1055 (6th ed.1991). 6 . Welliver is located in Elmira, New York. 7 . Ward Excavating is a Pennsylvania corporation with its principal place of business located in Troy, Pennsylvania. 8 . The phrases "peculiar risk” and "special danger” are used interchangeably. Restatement (Second) of Torts § 416 comment a (1965); Ortiz v. Ra-El Dev. Corp., 365 Pa.Su per. 48, 528 A.2d 1355, 1357 n. 2 (1987) (<HOLDING>). 9 . Nowhere in their Brief in Opposition to 
 Holding statements: (A) holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors (B) holding corporation that contracted with independent contractor not liable to subcontractors employee plaintiff was unable to establish that peculiar risk or special danger caused injury (C) holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee (D) holding that contract charged primary contractor with a duty of care for all employees on the work site including employees of its subcontractors where contract required primary contractor to comply with applicable state and federal safety statutes and regulations made primary contractor responsible for reviewing safety programs of its subcontractors and primary contractor employed a safety officer to oversee its subcontractors operations (E) holding that bankruptcy trustee for contractor could not avoid prepetition payment of funds from contractor to subcontractors

Answer: holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors


Question: 511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994). In Landgraf, the Court noted that a statute only truly operates retroactively if applying it would “impair rights a party possessed when he acted, increase a party’s liability for past conduct, or impose new duties with respect to transactions already completed.” Id. 114 S.Ct. at 1505; see also RTC v. Ford Motor Credit Corp., 30 F.3d 1384, 1387-88 (11th Cir.1994)(analyzing retroactivity of lease repudiation damage limitation provision of FIRREA). Thus, like other courts that have analyzed similar FIRREA provisions, we must address prior banking law to determine whether application of the damage limitation provisions of § 1821(e)(3) would have the retroactive effect defined in Landgraf. See, e.g., Ford Motor Credit, 30 F.3d at 1388 (<HOLDING>). We conclude that, in the Crafts’ case, it 
 Holding statements: (A) holding that the act is not retroactive (B) holding that firreas damage limitations for repudiation of leases worked no substantive change in the law and thus their application was not retroactive (C) holding retroactive application (D) holding no retroactive application (E) recognizing that the application of a retroactive amendment is discretionary

Answer: holding that the act is not retroactive


Question: in the most nefarious negotiating tactics possible, force a lockout to put pressure on the employees, and then attempt to clean up-fhe mess with good-faith, post-lockout bargaining. Horsehead cannot retroactively “cure” its prior negotiating tactics with post-lockout bargaining, and evidence regarding these activities has no relevance to pre-lockout activities. B. Lockout Because the majority determined that Horsehead did not bargain in bad faith, it found that the lockout was lawful. I contend that there was substantial evidence to support a finding that Horsehead engaged in bad-faith bargaining, and I believe the lockout was an outgrowth of this activity. Lockouts are. not per se unlawful. See American Ship Bldg. Co. v. NLRB, 380 U.S. 300, 318, 85 S.Ct. 955, 13 L.Ed.2d 855 (1965) (<HOLDING>). A lockout can, however, be unlawful if it is 
 Holding statements: (A) holding that where the bargaining unit remains unchanged and a majority of the employees hired by the new employer are represented by a recently certified bargaining agent the successor employer must bargain with the incumbent union (B) holding a lockout unlawful when utilized to enable the employer to implement its own bargaining position without  genuine impasse (C) holding that employer violates neither  8a1 nor  8a3 when after a bargaining impasse has been reached he temporarily shuts down his plant and lays off his employees for the sole purpose of bringing economic pressure to bear in support of his legitimate bargaining position (D) holding that an employee is guilty of misconduct connected with his work when he deliberately violates a company rule reasonably designed to protect the legitimate business interests of his employer or when his acts or omissions are of such a nature or so recurrent as to manifest a willful disregard of those interests and the duties and obligations he owes his employer (E) holding that petitioners remedy under title vii of the civil rights act was in addition to remedies available under the collective bargaining agreement in force between his employer and his union

Answer:
holding that where the bargaining unit remains unchanged and a majority of the employees hired by the new employer are represented by a recently certified bargaining agent the successor employer must bargain with the incumbent union