Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

DECEMBER 13, 2015

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.

Foundation 120

Foundation Liability Maryland Claims 120

Green Building Law Update

DECEMBER 3, 2017

And the power utilities protect themselves from liability related to data. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. A claim pending against a major U.S. The similar waiver for LEED v2009 is still in effect.

Green 120

Green Risk Claims Drafting 120

Construction Law Monitor

AUGUST 9, 2011

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Sloan pg 17. See Carl A. Calvert & Carl F.

Agreement 57

Agreement Contract Insurance Construction 57

Best Practices Construction Law

OCTOBER 10, 2012

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim. A well drafted liquidation agreement will generally accomplish this purpose.

Claims 48

Claims Rhode Island DOT Liability 48

Construction Dive

JULY 23, 2014

The designer’s responsibilities – and liabilities – are to the owner. Liability in negligence to non-contracting parties would upset this carefully negotiated balance. A contractor “must look to its agreement with the owner for damages if the project is not as represented.” ” Read more.

Drawings 69

Drawings Contractors Design Liability 69

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

Liability 69

Liability Agreement Drafting Insurance 69

Best Practices Construction Law

SEPTEMBER 5, 2018

The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami. The trial court granted summary judgment in favor of the architect.

Claims 54

Claims Miami Contract Liability 54

Construction Lawyer

NOVEMBER 11, 2007

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Limitation of Liability in new AIA Document. One of the new 2007 AIA documents is B103 -- Owner-Architect Agreement for a Large or Complex Project.

Liability 40

Liability AIA Documentation Illinois 40

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

Construction Dive

FEBRUARY 12, 2014

By Bruce Jervis Commercial general liability (CGL) insurance policies have been the source of much controversy in the construction industry. There is no coverage for liability the contractor assumed under a contract or agreement. But do the policies cover the work itself? Insurers certainly don’t intend them to.

Insurance 59

Insurance Contractors Liability Injury 59

Constructlaw

JULY 12, 2022

(collectively DonRob) agreed to sell, and 360 Residential LLC, 360 Sugar Hill LLC, and 360 Capital Company LLC, (collectively 360) agreed to purchase 12 acres (Site) of a 37-acre parcel of property in Sugar Hill, GA (the Agreement). Between the Agreement date and the scheduled closing date, the parties’ relationship deteriorated.

Contract 52

Contract Liability Agreement Georgia 52

Construction Lawyer

APRIL 3, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Federal Court dismisses subs claim against GC because of arbitration provision. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40

Claims Agreement Illinois Subcontracting 40

NH Construction Law

NOVEMBER 30, 2020

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. Industrial Lumber Co. , Enterprises, Inc. , 3d 35, 36 (1st Cir. ” Id.

Claims 40

Claims Subcontracting United States Contract 40

Levelset

MAY 16, 2022

The contract should constitute the entire agreement between the parties, including attached copies of any required notices. If, however, the agreement is a time and materials contract , a further breakdown is required. ” It’s a way to cancel the agreement with no harm and or penalties to either party.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R. brought suit in the Court of Federal Claims on the TO 26 claim.

Agreement 52

Agreement Claims Contract United States 52

Construction Lawyer

OCTOBER 18, 2006

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Indemnity Agreement. Listed below are links to weblogs that reference Indemnity Agreement : Recent Posts. Banfield (No. Categories.

Agreement 40

Agreement Illinois AIA Chicago 40

Construction Lawyer

MAY 30, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Unlimited liability for designers and contractors. This effectively wiped out the existing statute of repose and revived Sverdrups liability.

Liability 40

Liability Contractors Design Minnesota 40

Construction Lawyer

DECEMBER 28, 2007

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Non-signatory bound by agreement to arbitrate. Normally, only a party to an agreement to arbitrate is bound by the arbitration provision.

Agreement 40

Agreement Illinois AIA Chicago 40

Green Building Law Update

APRIL 7, 2020

The bill also establishes liability protections for MDE and the State. It is unclear how this impacts State enforcement of these toxic groundwater contaminants through the Clean Water Act and Safe Drinking Water Act as well as State liability? HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156

Maryland Commissioning Regulation Environment 156

NH Construction Law

AUGUST 21, 2022

Wrongful termination will not only be a breach of contract giving the principal a claim for damages against the obligee, but it will forfeit the protection of the bond. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability. 4th 12 (1st Cir.

Liability 40

Liability Contract AIA Contractors 40

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

Liability 52

Liability Agreement Drafting Insurance 52

NH Construction Law

JULY 26, 2020

“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” When the subcontractor installed the expansion joints in the steam boiler and related piping backwards, the heating system got damaged.

Insurance 40

Insurance Liability Accidents Michigan 40

Construction Law Monitor

JULY 20, 2011

There is likely no answer for you under the lien law – unless you filed a notice of lease agreement with the owner within the appropriate time frame. Finally, the Notice of Lease Agreement does not have to be in any specific form – simply a copy of the contract should suffice.

Leases 44

Leases Lien Louisiana Equipment 44

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

Levelset

SEPTEMBER 23, 2022

At their core, insurance policies are agreements between two parties: the insurer and the policyholder. If a sub accidentally drops a steel beam on the project manager’s new sports car, that subcontractor’s liability insurance policy would likely cover the damage. General liability insurance.

Insurance 52

Insurance Liability Accidents Risk 52

Constructlaw

NOVEMBER 22, 2022

The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment. The designer, which had specified the wrong type of turbine, invoked New York’s three-year statute of limitations to defeat the owner’s professional negligence claim. Click here to view full opinion as PDF.

New York 52

New York Risk Claims Liability 52

Construction Lawyer

APRIL 19, 2009

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Economic Loss Doctrine bars Nevada claims against Architect. Unlimited liability for designers and contractors. Subscribe to this blogs feed.

Nevada 40

Nevada Claims Illinois AIA 40

Construction Lawyer

AUGUST 30, 2007

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. False Claims lands Engineer in jail. Listed below are links to weblogs that reference False Claims lands Engineer in jail : Recent Posts.

Claims 40

Claims Engineering Illinois AIA 40

Green Building Law Update

APRIL 7, 2020

The bill also establishes liability protections for MDE and the State. A water infrastructure “asset owner” must reimburse MDE for costs incurred, and a lien must be established for nonpayment under specified circumstances. HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156

Maryland Commissioning Regulation Environment 156

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

Colorado 52

Colorado Tennessee Claims Contract 52

Buisness Facilities Contributed Content

APRIL 12, 2013

The five states that were impacted by the Deepwater Horizon disaster (including 665 miles of contaminated coastline), Gulf Coast business owners, the federal government and BP have spent the past three years dancing a slow legal tango that has assessed clean-up costs, fines and other liabilities.

Mississippi 52

Mississippi Alabama Liability Louisiana 52

Levelset

OCTOBER 13, 2022

If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. Aside from owners and GCs, a government entity may want to see proof of liability insurance. This party may want a COI to ensure they are protected from liability in the event of a product-related injury or accident.

Insurance 52

Insurance Certification Contractors Liability 52

Revit OpEd

DECEMBER 22, 2017

On December 15, 2017, Congressional Leaders announced that the conferees appointed by both the House and the Senate reached an agreement to reconcile differences between the House’s version of the Tax Cuts and Jobs Act (the “House Bill”) with the Senate’s version of the Tax Cuts and Jobs Act and unveiled the text of a final bill (the “Tax Bill”).

Employment 85

Employment Compensation Agreement Income 85

Levelset

SEPTEMBER 6, 2022

In short, an additional insured is typically another business entity or person who can be added to your business policy, securing the same liability protection that you do. An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. What is an additional insured?

Insurance 52

Insurance Liability Construction Contract 52

Constructlaw

APRIL 20, 2023

FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). In response, FE&C advanced a creative theory of liability — “FE&C is not bringing a private right of action under the federal Prompt Payment Act, but is instead seeking enforcement of a contractual penalty.”

Tennessee 52

Tennessee Subcontracting Missouri Claims 52