Green Building Law Update

JULY 25, 2021

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law. 9601) and petroleum products.” Importantly, the ASTM E1527 is recognized by the U.S.

Site 296

Site Drafting United States Regulation 296

Green Building Law Update

NOVEMBER 21, 2021

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law, something that is expected to happen by rulemaking at some point in 2022. Liability from old dry cleaners in retail sites that are beyond the boundaries of the “subject property” (.

Site 156

Site Liability Green United States 156

Constructlaw

JULY 12, 2022

If 360 had wanted the ability to recover both specific performance and monetary damages, and/or the ability to recover damages exceeding $250,000, then it could have bargained for the inclusion of these remedies in the Agreement.

Contract 52

Contract Liability Agreement Georgia 52

NH Construction Law

SEPTEMBER 30, 2018

.” The limited warranty at the end states that if the shingles fail in the first 30 years due to manufacturing defects, Manufacturer will pay to replace them according to a prorated formula (the longer into the 30 years, the lesser the Manufacturer’s liability) but excluding the costs of tear down, disposal and new installation.

Products 40

Products Bargains Liability New Hampshire 40

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

NH Construction Law

AUGUST 13, 2020

In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach).

Profitability 40

Profitability Contract Liability Bargains 40

Constructlaw

JUNE 17, 2022

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.

Colorado 52

Colorado Tennessee Claims Contract 52