article thumbnail

How to File a Lawsuit After an Injury At a Construction Site?

Construction Marketing

Defenses to a Construction Site Injury Lawsuit There are a few defenses that companies and individuals can use if you file a lawsuit against them after a construction site injury. This defense is often used in cases where the worker was not provided with proper safety equipment or where the worker did not follow safety protocols.

Injury 276
article thumbnail

Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. The Consolidated Appropriations Act signed on March 23, 2018 included in Division N, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2018’’ (the BUILD Act). 9601 et seq.,

Liability 149
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. Buried in the more than 800 page Consolidated Appropriations Act signed on March 23, 2018 was Division N, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2018’’ (the BUILD Act).

Liability 156
article thumbnail

Is the Best Defense Always a Good Offense?

Construction Dive

It’s an old sports cliché: the best defense is a good offense. The engineer sued to collect approximately $50,000 in compensation. In claims litigation, this strategy has been in evidence for years. A recent case, however, illustrated a pitfall to this aggressive response. million in damages.

Defense 48
article thumbnail

Currency and Accuracy of Construction Cost Data used for IGEs

Job Order Contracting

The later are significant due to multiple issues, including but not limited to… highly variable workers compensations rates at the trades level, site access, material availability, etc. Locally researched detailed unit price cost data provides the granularity to drive defensible and transparent cost estimates at any level.

article thumbnail

I Just Read my 1000th Phase I Environmental Site Assessment this Year

Green Building Law Update

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
article thumbnail

Supreme Court Permits State Law Claims Against Superfund Property

Green Building Law Update

This decision impacts on landowners in widely utilized state Brownfields programs, including those who enter the program in advance to purchasing a contaminated property as a defense to being a PRP. In an instructive environmental law decision last week, the U.S.

Claims 156