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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.
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.
While we all have been focused on the Presidential election results, cannabis law reform won in eight out of the nine states where it was on the ballot, from California to Massachusetts, on November 8, making clear the that the public is ready to put the harsh prohibitionist pot policies of the past behind us. But the U.S.
For the first time, the Appeals Court of Massachusetts has construed the Massachusetts Prompt Payment Act (the statute), requiring strict compliance on the part of owners and contractors who wish to withhold payments from contractors or subcontractors. In Tocci Building Corporation v.
As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.
Courts have applied that still governing law to rule that the building codes of various governments from Massachusetts to Texas cannot be copyrighted. But in recent years, some courts have sought to distinguish cases from that bedrock law. And such is why this new decision from the Eleventh Circuit is so important.
Two Electronics, LLC , the Massachusetts’ Land Court concluded (in what appears to be a case of first impression) that a string of text messages can constitute a writing under the Statute of Frauds sufficient to bind the parties to sell certain property. ” Second, claims succeed or fail based upon the documentation.
A Massachusetts court recently held that an owner’s rejection of the contractor’s payment applications was not properly certified and, thus, violated the state’s Prompt Pay Act. If your project is subject to Massachusetts law, the decision in Tocci provides an excellent summary of the Prompt Pay Act. In Tocci Building Corp.
in attorneys’ fees to a homeowner who sued for $12,400 and won a $6,800 jury verdict on a breach of contract claim. on a $7,650 verdict under a Massachusetts anti-discrimination statute). A recent case from Tennessee affirmed an award of $201,255.50 Issa Construction, LLC, v. Blalock , No. E2020-00853-COA-R3-CV (Tenn. ”).
This was an important distinction for the court when reviewing the differing site conditions claim: Celco submitted no evidence suggesting that the character of the rock discovered on site was different, or that the actual unit cost to remove it was greater, by reason of the increased amount or any other concealed condition.
This was an important distinction for the court when reviewing the differing site conditions claim: Celco submitted no evidence suggesting that the character of the rock discovered on site was different, or that the actual unit cost to remove it was greater, by reason of the increased amount or any other concealed condition.
1976); Massachusetts, Carpenter v. of the AIA A201 General Conditions (2017), for example, provides that a demand for arbitration shall not be made “after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.” Civitello Co.,
A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors.
ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. This blog post highlights the legal risk associated with ESG disclosures and proffers that through green building practices, like the U.S.
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.
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. FOREIGN TRADE ZONES (FTZs): Secured areas legally outside of U.S. Eligibility qualifications are different for rural and metro areas. time permanent jobs paying above average wages.
There is legal risk associated with ESG disclosures and I have assisted companies for years in mitigating their liability while still being responsive to the trend of investor demands for these disclosures. and the legal adage that bad facts rise to bad law may certainly have been at play in those instances.
The complaint filed Superior Court for the County of Middlesex, Commonwealth of Massachusettsclaims the decision exceeds the authority of the Commission, was legally untenable, unreasonable, arbitrary and capricious, and violated the rights of the members of First Parish to the free exercise of their religious beliefs under Article II of the Massachusetts (..)
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