Green Building Law Update

AUGUST 30, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. 9601 et seq., provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs).

Site 156

Site Liability Leases Defense 156

Construction Dive

JUNE 25, 2014

By Bruce Jervis Most state licensing statutes make proper licensing a precondition to the contractor’s right to recover compensation for construction work. Project owners are quick to raise licensing deficiencies as a defense to a payment claim. The reason is obvious. This poses a challenge to contractors.

Compensation 60

Compensation Claims Defense Contractors 60

Green Building Law Update

MARCH 31, 2019

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. Buried in the Consolidated Appropriations Act last year was Division N, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2018’’ (the BUILD Act). 9601 et seq.,

Liability 120

Liability Leases Defense Commercial 120

Best Practices Construction Law

JUNE 21, 2022

2008), wherein a government contractor sought compensation for being barred from a military base for 41 days following the 9/11 terrorist attacks. The APTIM decision expressly addresses the Sovereign Acts defense, which ultimately denied the contractor’s claim for additional compensation. Geren , 550 F.3d 3d 1368 (Fed.

Contract 62

Contract Contractors Compensation Site 62

Levelset

AUGUST 30, 2024

These acts represent a substantial shift in how payment bond defenses are handled for sureties under both the Public Works Act and the Private Works Act. The new laws expand the defenses available to sureties. The courts rejected these defenses because allowing sureties to do so would contradict the Private or Public Works Acts.

Louisiana 52

Louisiana Materials Defense Claims 52

Construction Dive

NOVEMBER 12, 2015

By Bruce Jervis On a public works contract, a “sovereign act” is the ultimate government defense to a contractor claim for additional compensation. A sovereign act occurs when the public project owner ? the government agency ? establishes a policy that is public and general in nature.

Compensation 48

Compensation Defense Contract Claims 48

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Medical expenses, property damage, and legal defense costs can grow quickly.

Insurance 98

Insurance Liability Claims Injury 98

Levelset

SEPTEMBER 8, 2022

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. General liability insurance.

Liability 52

Liability Insurance Claims Legal 52

FDR Safety

NOVEMBER 29, 2016

It is entirely reasonable and legally defensible to require employees who are aware that they suffered an injury to report that injury before they leave the facility at the end of their shift, or within 8 hours of becoming aware of the injury, whichever is earlier. or a state workers’ compensation system.

Injury 120

Injury OSHA Safety Employment 120

Best Practices Construction Law

JULY 29, 2015

general liability, builder’s risk, workers’ compensation, professional liability) over different periods of time, there may be a dispute as to which carrier covers the loss. In this case, Insurance Company #1 participated in the defense of the electrical subcontractor and ultimately paid to settle the dispute. So What?

Insurance 48

Insurance Liability Claims Electrical 48

Best Practices Construction Law

MAY 31, 2016

Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The contract allowed for “delay damages” if the Contractor’s request for those damages “is determined to be compensable.” In County of Galveston v.

Claims 48

Claims Compensation Contract Contractors 48

Constructlaw

MAY 3, 2023

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Numerous individual claims.

Construction 52

Construction Claims Contractors US 52

Construction Lawyer

MARCH 27, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. He claimed that his work was "production only," which was essentially the function of a draftsman.  professional capacity. " 29 C.F.R.

Architecture 58

Architecture Illinois AIA Chicago 58

Levelset

SEPTEMBER 30, 2022

If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . A large claim against your business could have a devastating financial effect that could threaten your livelihood. Does a carpenter need insurance? Carpentry is a diverse occupation.

Insurance 52

Insurance Liability Accidents Injury 52

Levelset

MAY 16, 2022

Here’s a list of the “voidable clauses”: Hold harmless clauses Waivers of certain rights and requirements, including the waiver of any Federal, State, or local health, life, safety, or building code requirements Rights under the Home Improvement Consumer Protection Act Right to a trial by jury Confession of judgment clause — which (..)

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Buisness Facilities Contributed Content

MARCH 8, 2016

Advanced Energy Deduction & Advance Energy Tax Credit: Receipts from selling or leasing tangible personal property or services that are eligible generation plant costs to a person that holds an interest in a qualified generating facility are deductible from gross receipts and compensating tax. Department of Defense.

New Mexico 40

New Mexico Compensation Income Railroad 40

Business Facilities

AUGUST 1, 2014

As part of the incentive package, Volkswagen Group of America has agreed to waive its right to claim certain statutorily available tax credits directly related to the expansion. and a highly regarded educational system, the Beehive State claims the top spot in our flagship Economic Growth Potential category. Herbert told us.

Louisiana 111

Louisiana Tennessee North Dakota Utah 111

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. That Is Not What Happens This Is What Usually Happens: Poorly defined scopes of work create claims and disputes.

Contractors 48

Contractors Insurance Claims Lien 48

BD+C

OCTOBER 7, 2024

This timing comes into play with investigation, inspection, and claim notices, and for getting claims on file—both in court and in arbitration. If possible, this is always preferable over putting parties at risk of going out of business without insurance coverage.

Insurance 52

Insurance Legal Documentation Claims 52

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

Claims 40

Claims Insurance Bankruptcy Legal 40

Buisness Facilities Contributed Content

JULY 11, 2014

The credit may only be claimed for up to one year after the end of the four qualifying periods. The credit can be applied to the state portion of the gross receipts tax, compensating tax and withholding tax. The taxpayer claims the credit within one year following the end of the year in which the expenditure was made.

New Mexico 40

New Mexico Compensation Income Finance 40

Levelset

OCTOBER 20, 2022

Umbrella or excess insurance : The standard level of GL in a business owner’s policy may not be enough to meet a job’s contractual requirements — in which case you may want to look at an umbrella or excess liability policy that may extend your coverage for larger claims. GL helps pay medical costs and defense costs if a lawsuit arises.

Insurance 52

Insurance Liability Electrical Accidents 52

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. That Is Not What Happens This Is What Usually Happens: Poorly defined scopes of work create claims and disputes.

Insurance 48

Insurance Construction Claims Accounting 48

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. That Is Not What Happens This Is What Usually Happens: Poorly defined scopes of work create claims and disputes.

Construction 48

Construction Insurance Accounting Claims 48

Buisness Facilities Contributed Content

APRIL 15, 2014

State Credits available against the Corporate Income Tax: Education Credit (AS 43.20.014): Taxpayers that contribute to vocational education programs or accredited Alaska universities or colleges for educational purposes or facilities may claim a tax credit for 50% of the first $100,000, 100% of the next $200,000, and 50% of further contributions.

Income 108

Income Finance Zoning Employment 108

Construction Lawyer

MAY 30, 2012

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Design and construction firms should now check with their insurance carriers to determine whether they have insurance to cover old claims.

Liability 40

Liability Contractors Design Minnesota 40

Buisness Facilities Contributed Content

MARCH 21, 2014

The program is capped at 10,000 new jobs being claimed each year by all participants; whereas a taxpayer is limited to a maximum of 400 new jobs per year. The credit provided to the investor totals 39 percent of the cost of the investment and is claimed over a seven-year period. time permanent jobs paying above average wages.

Income 75

Income Finance Zoning Equipment 75

Construction Law Monitor

FEBRUARY 10, 2011

House Bill 1532 (Creating a good faith defense for certain minimum wage and overtime compensation complaints). This act allows for the indemnification of a public agency in a claim filed by a design professional only to the extent of any negligence, recklessness, or willful misconduct of the design professional.

Washington 44

Washington Construction Permits Structural Engineering 44

Contractor Bookkeeping

AUGUST 9, 2012

In my opinion, and that is all I claim it to be, my opinion, the root cause is cognitive dissonance or "mental noise" wanting to do a good job for the construction company owners and then getting in their head they are the most important person at the company and should be respected and compensated accordingly.

Organization 48

Organization Contractors Accounting Profitability 48

Construction Marketing Ideas

FEBRUARY 6, 2015

A “no-damages-for-delay” (NDFD) clause is a very common contract term that provides a defense for the delay-causing owner or general contractor to assert against the harmed party’s request for damages. These clauses allow additional time, but no additional compensation.

Construction 48

Construction Defense Legal Claims 48

Safety Services Company

OCTOBER 22, 2012

WorkSafe BC, Workers’ Compensation Board of British Columbia, has released information about the number and type animal attacks from 2005 to 2011. From 2005 to 2011, WorkSafe BC accepted: 13 claims, including 1 fatality, for injuries caused by direct contact between a bear and a worker. Seek medical treatment right away.

Claims 48

Claims Injury Safety United States 48