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5 Reasons to Bring Construction Claims Experts into Early Planning. Due to the many factors that have impacted and changed the construction industry throughout 2020, projects are facing increased risks that may open the door to some unique claims or litigation. Elizabeth Manning. Tue, 10/20/2020 - 16:01.
This blog post highlights the legal risk associated with ESG disclosures and proffers that with green building practices companies can mitigate their legal risk while still being responsive to the trend of investor demands for more disclosure. Make no mistake, there is no U.S.
LAUSD prevailed on its claims for breach of contract and was awarded $3,941,829 in damages. The post JOB ORDER CONTRACT Legal Issue – LOS ANGELES UNIFIED SCHOOL DISTRICT, v. LOS ANGELES UNIFIED SCHOOL DISTRICT (LAUSD filed a complaint against an awarded JOC contractor for breach of contract concerning cafeteria renovations.
Workers’ compensation claims and how to keep them under control have always been a concern for employers. Incidents ending in claims occur in virtually all industries and can be costly and time consuming. It is a state issue, and each state enacts and enforces its own legal framework.
A recent Colorado Court of Appeals decision offers essential guidance for subcontractors filing claims under the Colorado Public Works Act. The case clarifies what can and cannot be included in a verified statement of claim, particularly concerning delay damages, and highlights the severe consequences of filing an excessive claim.
But it is suggested that the Federal Trade Commission’s Green Guides, designed to help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. § The claim would not be deceptive if the marketer clearly and prominently disclosed all renewable energy sources.
Some promotions also made explicit safety claims. The FTC alleged, the company had no evidence to support those claims. YOLO Colorhouse, LLC , and Imperial Paints, LLC , have agreed to consent orders that would bar them from making unqualified VOC free and emission free claims. The four companies, Benjamin Moore & Co.,
Staff hit by the collapse of Ilke Homes are planning to take legal action over claims that it failed to properly consult staff before making them redundant. As part of the legal process, Aticus Law will determine whether ex-staff are eligible to claim for a Protective Award claim against ilke Homes.
That's often when legal disputes often arise. If litigation ensues, the success of your claim or position will depend largely upon key steps taken before, during and after execution of the construction project. Below are seven items that you can do to help prevent and minimize loss on a job.
This year, the US Green Building Council hosted the 2nd Annual Legal Forum at Greenbuild 2011. Attorney Dan Sheridan provided a thorough recap of the Legal Forum on his blog, Legally Green. It may surprise you to learn that I attended many non-legal presentations at Greenbuild as well.
The Federal Trade Commission will begin to ramp up enforcement of deceptive environmental claims, according to Jessica Rich, director of the commission’s consumer protection bureau. “A growing number of consumers are looking to buy green products and companies respond with green marketing.
The Federal Trade Commission announced six enforcement actions last week, including against companies that marketed supposedly biodegradable plastic rebar cap covers, plastic golf tees, and plastic shopping bags, as part of the agency’s ramped up crackdown on environmental claims. Clear Choice Housewares, Inc. Carnie Cap, Inc.
But the legal implications for green marketing claims call for caution. The Federal Trade Commission’s Green Guides set forth the Commission’s current views on environmental marketing to help business avoid making unfair or deceptive claims. had deceptively advertised their paint products as “zero VOC.
Keller survey of 211 companies, 70 percent of respondents who implemented dash cams shared the main benefits: Hard braking events were tracked and analyzed for trends (53% of respondents) Improvement in driver training (47% of respondents) Lower legal fees and litigation risks (45% of respondents) Decrease in the number of insurance claims (45% of (..)
For carriers, brokers, risk managers and adjusters this is not just a claim, it is a race against time. Embracing a commercial MRP is a powerful strategy to optimize the claims process, minimize delays and improve commercial loss management. Commercial managed repair programs (MRPs) are the solution to navigating this critical moment.
The civil claim is separate to the public inquiry into the fire, which finished taking evidence in November 2022 and is expected to issue its final report later this year. Rydon continues to express its deepest sympathy to the Grenfell residents and their families.”
Insurance companies cannot recover environmental cleanup costs paid to their insured under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund, from another Potentially Responsible Party ( unless their insured had first pursued a separate claim to recover the cleanup costs from that PRP).
Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. It is one thing when a political leaders in a government make an ESG claim. But it is another thing for a business to make ESG claims about net zero or otherwise that mislead customers.
The contractor claimed that the City breached its contract by supplying incomplete and inaccurate contract documents, which allegedly caused delays and a two-year extension to the project completion. million delay claim included approximately $2.3 In WDF, Inc. City of New York , No. 652478 (N.Y. The contractor’s $15.7
Any professional construction cost estimator worth their salt will not talk about “accuracy” In fact, it may be best to avoid any person or vendor that makes claims about the accuracy of their estimate or cost information. The reason is simple, an estimate, by nature, is an approximation.
Making a claim against a performance bond is complicated, a legal expert explained, and it's critical to understand that the bonding company has four main options, outlined here.
Sidestepping for a moment those companies that set out to intentionally deceive other about their ESG bonafides, from time to time, what companies think their ESG claims mean and what others really understand are two different things. And while today it has a broader definition including not only environmental claims but also matters of ESG.
Surety bonds are financial guarantees that are issued to ensure the individual or company who obtains the bond will perform work in a legally compliant manner and will avoid fraud and misconduct. Surety – The bonding company that guarantees the principal’s ethical operations and legal compliance by issuing the bond.
This is a mark of professionalism and can also help if you have an insurance or legalclaim. Keeping all your working documents in order shows that you treat your business, customers, and subcontractors responsibly.
And we are now seeing that legal doctrine legislatively implemented such that Mother Nature is now a proper person to pursue adjudication. This may be the first time in America that an ecosystem has been given the legal status of a “person.”.
In an era when concern over legal liability for building claims is real, not only enforced by the FTC and state attorneys’ generals, but also in consumer class action suits, it is likely unwise to make the claim that a building is net zero energy use or the like, what does net zero mean?
For steel importers facing retrospective duty claims in excess of 25 million due to purported, post-Brexit administrative errors, the battle against HMRC is just beginning. Guest Editor Thea Maertens , a legal director at Gateley Legal , explores other legal routes that could help to mitigate big bills from HMRC.
Despite that the Zero Waste movement peaked in about 1998, in the modern context of Net Zero from Net Zero Energy to Net Zero Carbon, we are today with surprising frequency asked about a business being able to claim it is Zero Waste. No company should claim to be Zero Waste. There is a lot of waste out there. But it is not easy.
Resolute alleges in its pleadings that in 2012 Greenpeace published defamatory articles critical of Resolute’s forestry and corporate practices, even after publicly retracting its claims after Resolute threatened litigation, and secretly disseminated them to Resolute’s customers.
Although public liability insurance is not a legal requirement, it should be regarded as essential. Something as simple as a customer tripping over a hammer and hurting themselves could result in an accident claim – and without insurance, you could end up facing hefty fines and legal battles. Legal Documents.
of Maryland, the United States District Court of Maryland address whether a Miller Act claimant can give valid notice of a claim via email. The payment bond claimant was a sub-subcontractor who filed a claim because the subcontractor failed to make timely payment. The Email as Notice of Claim. Fidelity and Deposit Co.
But I have never really thought about that legal principle because, “People don’t really do that, do they?”. the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction Co. Fouches and Assoc.,
Chiara Pieri and Zosia Zakrzewska of CMS update an article on Technology in Construction Disputes – Managing Data and Proving Claims ( CL Vol 33 No 7), analysing the impact of AI, improved construction data management technology and new legal tech tools on construction disputes.
I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. The contractor argued that the owner failed to comply with the notice provision when making its claim for liquidated damages.
You can download a complimentary copy here: Best Practices – COVID19 and Construction Claims , but please do me a favor and subscribe to the blog on the sidebar to the right. Just enter your email, and you will receive regular updates.
The roundtable will explore interpretations of organic claims for products that fall outside the scope of the USDA’s National Organic Program (which potentially includes everything from cannabis to shampoo and building materials to dry cleaning, all of which are outside of USDA’s voluntary Program).
s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. This is often done to allow the LLC to draw off the profits from the project and then leaving the remaining parties to fund the project and claims that will arise.
s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. This is often done to allow the LLC to draw off the profits from the project and then leaving the remaining parties to fund the project and claims that will arise.
s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. This is often done to allow the LLC to draw off the profits from the project and then leaving the remaining parties to fund the project and claims that will arise.
a publicly traded Brazilian mining company and one of the world’s largest iron ore producers, with making false and misleading claims about the safety of the Brumadinho dam including through its environmental, social, and governance (ESG) disclosures. Securities and Exchange Commission last month charged Vale S.A.,
Contractors often seek to recover attorneys fees if they successfully present and resolve a claim, either through a negotiated settlement or litigation. The project faced challenges, including delays and changes, prompting Derian to submit a Request for Equitable Adjustment (REA) claiming increased costs due to the governments actions.
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