Green Building Law Update

DECEMBER 3, 2017

A properly drafted green building lease may contain a provision substantially like, Landlord shall provide to Tenant reports for the amount of electricity, natural gas and fuel oil (where applicable) consumed at the building broken down by utility type, energy unit usage (e.g., A claim pending against a major U.S.

Green 120

Green Risk Claims Drafting 120

Green Building Law Update

FEBRUARY 7, 2021

A business saying though an ESG statement on their website that they are concerned about modern slavery may sound nice, but in 2021 when so many are talking about ESG, that claim will not resonate and quite frankly falls short of what a private enterprise should be doing to prevent these crimes.

Equity 257

Equity Sustainability Defense Green 257

Green Building Law Update

NOVEMBER 5, 2017

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. And there is no question that a properly drafted provision in a contract requiring arbitration is enforceable. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Best Practices Construction Law

JUNE 24, 2016

The transaction involved numerous discussions and emails, including four drafts of a letter of intent from Buyer to Seller for purchase of a piece of property. None of the drafts of the letter were signed by Buyer. ” Second, claims succeed or fail based upon the documentation. Third, you must harness digital data.

Contract 91

Contract Claims Documentation Change Orders 91

Green Building Law Update

DECEMBER 5, 2021

In the Old Testament when Isaac attempts to dig anew his father’s wells the shepherds of the wadi Gerar, claim, “the water is ours” forcing the patriarch to move on to dig a well elsewhere. Supreme Court squarely rejected Mississippi’s claim that Tennessee’s wells are stealing Mississippi’s ground water. Just last week a unanimous U.S.

Mississippi 156

Mississippi New York New York City Memphis 156

Best Practices Construction Law

MAY 29, 2013

In 1999, the parties entered into a subsequent agreement requiring that existing claims arising before January 1, 1999 would be subject to binding arbitration with the DRB. Those claims were identified in Exhibit 1 to the agreement. The Disputes. Lessons Learned.

Claims 48

Claims Contract Agreement Massachusetts 48

Construction Lawyer

SEPTEMBER 3, 2014

Some time later, the architect drafted an AIA contract which the owner marked up with various changes. The owner moved for summary judgment on the copyright claim on the basis that it had an implied nonexclusive license to use the drawings. The architect did not accept any of the changes and the AIA contract was never signed.

Agreement 45

Agreement Claims AIA Contract 45

Best Practices Construction Law

NOVEMBER 26, 2019

In the world of construction claims, according to one court, these same rules apply—it is premature to award damages before the claim has been considered and either approved or rejected. The short opinion makes sense—an arbitrator cannot rule on a claim that has not gone through the process required by the contract.

Change Orders 62

Change Orders Claims Contract Contractors 62

Green Building Law Update

JULY 24, 2016

The guidance describes it as, the property may only become subject to an enforceable claim (i.e., The property shall not be subject to an enforceable claim (i.e., There will be a lot of competition in this space and well drafted local government legislation will be key to the efficacy of PACE programs.

Finance 120

Finance Lien Residential Commercial 120

Green Building Law Update

APRIL 19, 2020

HB 619 was also significantly amended from the originally drafted local bill seeking to protect Baltimore County firefighters from fire-fighting foam (. It has been suggested this legislation will put in jeopardy claims within Maryland in the national fire-fighting foam multidistrict litigation in South Carolina.

Maryland 177

Maryland Permits South Carolina Baltimore 177

Green Building Law Update

MARCH 22, 2012

In a February 2011 letter to the IRS, the Destiny USA developer argued that the legislation simply required a promise to deliver the technology: On February 21, 2010, Syracuse Post-Dispatch reporter Rick Moriarty published a story that disclosed the contents of a draft letter addressed to the IRS by the Syracuse Industrial Development Agency.

Green 120

Green IRS Income Drafting 120

Constructlaw

JULY 6, 2020

Department of State , 1 the Board rejected a contractor’s claim for additional costs related to demobilization and remobilization of the job site in Freetown, Sierra Leone, due to an Ebola virus outbreak. In Pernix Serka Joint Venture v. In mid-March 2015, PSJV remobilized to the site.

Claims 52

Claims Contract United States Site 52

Construction Law

JULY 1, 2024

Our latest Reports from the Courts on the cases of most interest to construction comes from Andrew Croft , Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who find in one an important reminder to parties settling litigation by way of Tomlin orders to ensure that the provisions are carefully drafted to prevent future claims arising (..)

Drafting 52

Drafting Agreement Claims Contract 52

Best Practices Construction Law

OCTOBER 3, 2012

After nearly five years of deliberations, the Federal Trade Commission has released its revised " Green Guides ," which are aimed at environmental marketing claims. A draft of the revised guidelines was published for public comment almost two years ago. The Green Guides are not agency rules or regulations.

Green 48

Green Guidelines Commissioning Claims 48

Constructlaw

OCTOBER 6, 2022

After a bench trial, the court entered judgment in favor of the Town, awarding it liquidated damages as provided in the parties’ contract, but refusing to award actual and consequential damages, finding that the Town was “limited in its claim of damages to those attributable under its liquidated damages provision.” Both parties appealed.

Contract 52

Contract Drafting Contractors Connecticut 52

Green Building Law Update

AUGUST 8, 2015

The crux of this case is one of those differences, claims arising from materials. Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

The crux of this case is one of those differences, claims arising from materials. Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different.

Liability 120

Liability Maryland Green Agreement 120

Constructlaw

MARCH 10, 2023

a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.

Connecticut 52

Connecticut Subcontracting Claims Travel 52

Lets Build

APRIL 29, 2022

On most projects, the punch list is drafted by the contractor and/or site owner near the end of the work. Webinar: How to connect your Snagging & QHSE processes to avoid claims and regain control. The aim of the list is to keep track of any leftover tasks or small fixes that need to be completed. Why is it called a punch list?

Site 158

Site Software Software Project Management 158

Construction Law

JULY 1, 2024

Drafting Current drafting trends in construction law Jamie Bell of Watson Farley & Williams LLP examines some current trends in the drafting of construction contracts against a background of changing regulations and rising insolvencies.

Drafting 52

Drafting Insurance Construction Contract 52

Construction Law Monitor

APRIL 5, 2012

Attention all home owners or property owners, there is only one surefire way to have that annoying illegal lien (in Louisiana called a statement of claim and privilege ) removed from the title of your property, a Mandamus action. I recently posted a Petition for Mandamus recently drafted and filed by Wolfe Law Group on JDSupra.com.

Lien 58

Lien Louisiana Claims Construction 58

Construction and Infrastructure Law

JANUARY 9, 2020

A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

Liability 69

Liability Agreement Drafting Insurance 69

Best Practices Construction Law

JULY 31, 2015

Using some of Siviglia’s tips in Courses on Drafting Contracts , 12 Scribes J. Legal Writing 89 (2008-09), here are a few items to think about when drafting contracts: A contract is about defining transactions and relationships.

Contract 48

Contract Drafting Claims Agreement 48

Construction Dive

APRIL 10, 2013

In the majority of jurisdictions, however, these clauses -- if properly drafted -- are enforceable … unless they are waived. A number of jurisdictions have rendered pay-if-paid clauses unenforceable by statute or court ruling.

Subcontracting 52

Subcontracting Drafting Risk Claims 52

Construction Law Monitor

OCTOBER 26, 2010

Many experts believe that the AIA standard form contracts are drafted to protect the Architect. The contract documents should be drafted to protect this individual. ConsensusDOCS claims to have an industry first with its form 310 “Green Building Addendum.” ConsensusDOCS came about from a different premise.

AIA 61

AIA Contract Documentation Drafting 61

Revit OpEd

APRIL 22, 2014

And yes, other companies lay claim to the doing of BIM and living up to BIM ideals too. since AutoCAD is a superior drafting tool it isn''t sensible to use Revit for basic drafting tasks". If you are not efficient drafting in Revit then the implementation is not effective, but it could be.

AutoCAD 98

AutoCAD Revit Autodesk Software 98

Best Practices Construction Law

NOVEMBER 21, 2019

For example, in the Universal Concrete Products case, the 4th Circuit reasoned that Virginia courts favor the freedom to contract and that parties are freely able to negotiate and draft these types of provisions. However, in Thomas J.

Contract 77

Contract Subcontracting Drafting Virginia 77

Green Building Law Update

OCTOBER 6, 2019

The credit language is here.

Green 24

Green Estimating Injury United States 24

Construction Specifier

JUNE 19, 2020

In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., Such an assumption may be fraught with risk that may not be revealed until a problem arises during construction, such as submittal of a claim.

Documentation 52

Documentation Drafting Contract Claims 52

Best Practices Construction Law

AUGUST 10, 2017

Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, or (3) failure to carry out the Work in accordance with the Contract Documents.”. It is important in contract drafting that you say what you mean and you mean what you say.

Contract 79

Contract Agreement Virginia Construction 79

Federal Construction Contracting Blog

APRIL 26, 2022

In the world of federal government contract disputes, a great deal of time is frequently spent drafting a request for equitable adjustment (REA) or a claim under the Contract Disputes Act. It is important in all of this for contractors to refrain from “falling in love” with their claims.

Claims 52

Claims Risk Contractors Contract 52

DebunkTheBIM

APRIL 6, 2011

Flatcad was first called CAD/CAM (Computer Aided Drafting and Manufacture) then it lost the CAM when Architecture started to claim ownership, but added another D for Design. Then there is the acronym. You can hardly be a good BIMmer without having your own twist on the acronym. CADD); BIM was not always BIM either.

BIM 48

BIM CAD Drafting Claims 48

Revit OpEd

DECEMBER 21, 2017

This is same information but for the Revit drafting view exported to DWG. When I create an External Reference of the exported Revit drafting view it lands right on top of the native sketch. Footnote: Regarding a drafting view aligning with a DWG file after export: It might not be obvious but drafting views have an origin.

AutoCAD 40

AutoCAD Drafting Revit Autodesk 40

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

Green Building Law Update

JUNE 14, 2020

creating a re-occupancy assessment and requirements for an operations plan and the drafting of a management and operations plan. It is a social science study that requires keeping a daily journal of plan implementation including answering questions like, “Are you in control of your life?”.

Green 120

Green Risk Plans Safety 120

Construction and Infrastructure Law

JANUARY 9, 2020

A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

Liability 52

Liability Agreement Drafting Insurance 52

Construction Lawyer

FEBRUARY 5, 2014

Frequently, the parties do not consult with a construction attorney when drafting contracts. The “plain and simple” document drafted by the architect is not clear. Clarity is required and is often not present because the architect is not trained to draft contracts. An example. of AIA Document B102-2007: § 4.2.1

Contract 40

Contract Agreement Drafting Documentation 40