Green Building Law Update

NOVEMBER 21, 2021

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law, something that is expected to happen by rulemaking at some point in 2022. Liability from old dry cleaners in retail sites that are beyond the boundaries of the “subject property” (.

Site 156

Site Liability Green United States 156

Green Building Law Update

AUGUST 13, 2017

The recommendation here is that in an environment of strict liability hazardous substance laws, from CERCLA and its state counterparts to local lead based paint codes, attorneys should be contracting with those undertaking hazardous substance investigations and the like. What a property owner does not know it cannot share.

Consulting 153

Consulting Contract Drafting Legal 153

NH Construction Law

JANUARY 30, 2022

When a contractor or subcontractor is sued for defective workmanship, one of his first thoughts is likely to be whether the damages are covered by his liability insurance. ”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed. Many professional liability policies have them.

Insurance 40

Insurance Liability Defense New Hampshire 40

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

Construction Lawyer

MAY 20, 2009

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Liability for green design. Unlimited liability for designers and contractors.

Liability 40

Liability Green Design Illinois 40

Construction Lawyer

APRIL 16, 2009

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Sole Proximate Cause Defense Reaffirmed. Unlimited liability for designers and contractors.

Defense 40

Defense Illinois AIA Chicago 40

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors. Copyright Notice. Disclaimer.

Liability 40

Liability Contractors Design Minnesota 40

Construction Lawyer

NOVEMBER 11, 2007

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Limitation of Liability in new AIA Document. Copyright Notice. Disclaimer. Here it is: § 8.1.3

Liability 40

Liability AIA Documentation Illinois 40

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. Others collect building data.

Green 120

Green Risk Claims Drafting 120

Construction and Infrastructure Law

JANUARY 9, 2020

Any party who could face potential liability should be included as an indemnified party. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. 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

Construction Dive

MARCH 19, 2014

They cannot be used against an insured to deny a tender of defense. Thus, “Other Insurance” clauses only can govern the later division of responsibility between those insurers for the cost of defending the insured. Read more.'

Insurance 48

Insurance Defense Liability Claims 48

Best Practices Construction Law

JUNE 21, 2022

The government argued that under the Sovereign Acts Doctrine actions taken by the United States in its sovereign capacity shielded it from contractual liability for those acts, including the actions taken in response to the COVID-19 pandemic. The contractor also sought 59 days of time extension for the period the project was inaccessible.

Contract 62

Contract Contractors Compensation Site 62

NH Construction Law

JUNE 30, 2020

A few years back I blogged (#24) on the Spearin doctrine, which holds that adherence to government-imposed design specifications absolves the contractor from contract liability to the government when the finished product fails to perform as intended. Spearin does not address tort liability to third parties injured by defective designs.

Contractors 40

Contractors Liability United States Defense 40

Construction and Infrastructure Law

JANUARY 9, 2020

Any party who could face potential liability should be included as an indemnified party. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. 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

Levelset

MAY 16, 2022

The contractor should carry, and the contract should reflect that the contractor has liability insurance covering personal injury of at least $50K and property damage coverage in the same amount. Failure to comply with these requirements could lead the contractor to liability under home improvement fraud.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Levelset

SEPTEMBER 30, 2022

There are many policies that apply to a carpenter, but a simple business owner’s policy can include property damage and liability coverage. 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. . Does a carpenter need insurance?

Insurance 52

Insurance Liability Accidents Injury 52

Construction Business Owner

FEBRUARY 23, 2012

Department of Defense recently started using public clouds to support some of its infrastructure. Public Exposure and Liability on Construction Sites. Most providers can create a plan to meet your needs, not to mention budget. Security measures will continue to evolve, particularly as adoption of cloud computing increases.

Security 120

Security Construction Software Software 120

NH Construction Law

DECEMBER 19, 2020

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 2d 404 (1990), construing Florida law, held that general contractor’s “pay-if-paid” defense was not available to a surety. I promised elaboration on this question in an earlier blog (# 8). .”

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

FDR Safety

MARCH 19, 2020

Because of the potential liability and added complexity and legal issues involved in a fatality or catastrophic accident, the company should insist that legal counsel be contacted immediately and, if at all possible, before OSHA is allowed to start its inspection or any information is provided.

OSHA 156

OSHA Inspections Conference Employment 156

Federal Construction Contracting Blog

NOVEMBER 11, 2021

On November 4, 2021, the Department of Defense (DOD) announced it is revamping the Cybersecurity Maturity Model Certification program. The changes are intended to make the program more streamlined and flexible, which, in turn, will make it easier (and cheaper) for contractors to implement. did not allow for self-assessments.

Certification 52

Certification Defense Liability Contractors 52

Levelset

SEPTEMBER 16, 2022

It is sold as an extension to your general liability insurance policy and may be required by the state you work in or the project owner. Completed operations coverage is bundled with a contractor’s general liability policy. Completed operations covers liability from work that is already completed (i.e., not in progress).

Insurance 52

Insurance Liability Claims Contractors 52

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.

Insurance 48

Insurance Liability Claims Electrical 48

Federal Construction Contracting Blog

JANUARY 16, 2024

Department of Defense (DoD) published the much anticipated proposed rule for the revamped Cybersecurity Maturity Model Certification (CMMC) 2.0 For example, contractors subject to 252.204–7012 are already required to safeguard covered defense information in accordance with NIST SP 800-171. On December 26, 2023, the U.S.

Certification 52

Certification Security Contract Defense 52

Best Practices Construction Law

MARCH 5, 2018

Notably, the Court in Sloan rejected every defense raised by Waukegan and allowed the case to go forward. For example, the subcontractor argued that the funds were paid to the subcontractor by the prime contractor—as opposed to the Federal government—and thus there was no attempt to defraud the government.

Claims 63

Claims Certification Fabrication Inspections 63

Levelset

OCTOBER 20, 2022

You pay pennies on the dollar for coverage that could range into the millions for general liability (GL) insurance, for example. General liability insurance : A GL policy may help cover the cost of bodily injury or property damage that occurs on a jobsite. General liability may help pay for the cost of repair. .

Insurance 52

Insurance Liability Electrical Accidents 52

NH Construction Law

NOVEMBER 7, 2018

It does not address whether, once an owner sues, the contractor’s rejected offer to repair defective work will be a defense to claims for damages measured by the cost of having a third party do the repairs. First, not doing so may doom any mitigation of damages defense down the road. See B erkshire Medical Center, Inc.

Contractors 40

Contractors Claims Defense Liability 40

Construction Lawyer

NOVEMBER 9, 2007

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Limitation of Liability in new AIA Document » November 09, 2007. Copyright Notice.

Illinois 40

Illinois Liability AIA Chicago 40

Construction Lawyer

JUNE 8, 2005

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors. Copyright Notice. Disclaimer. Categories.

Illinois 40

Illinois Construction Liability AIA 40

Construction and Infrastructure Law

JUNE 20, 2023

The jury’s liability findings apply to a broader class of owners, whose damages will need to be individually proven in a yet-to-be defined second phase of proceedings. In California, for example, there is no intent element, and inverse condemnation claims are strict liability claims.

Oregon 52

Oregon Claims California Liability 52

Construction Lawyer

APRIL 20, 2006

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors. Copyright Notice. Disclaimer. Categories.

Insurance 40

Insurance Illinois AIA Chicago 40

Buisness Facilities Contributed Content

APRIL 15, 2014

If a business entity invests in a qualifying project that meets certain requirements and is approved by the Alabama Department of Revenue, and maintains minimum annual requirements, the company may receive an annual credit against its income tax liability generated from the qualifying project.

Income 108

Income Finance Zoning Employment 108

Construction Lawyer

DECEMBER 21, 2007

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. « Limitation of Liability in new AIA Document | Main. | Copyright Notice. Disclaimer.

Florida 40

Florida Texas Illinois AIA 40

Construction Lawyer

JULY 20, 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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors. Copyright Notice. Disclaimer. Categories.

Illinois 40

Illinois Subcontracting Liability AIA 40

Buisness Facilities Contributed Content

MARCH 9, 2016

Defense Production Zones: Virginia authorizes its communities to establish local defense production zones to benefit businesses engaged in the design, development or production of materials, components or equipment required to meet the needs of national defense. TAX INCENTIVES. Worker Retraining Tax Credit.

Virginia 40

Virginia Zoning Defense Railroad 40

NH Construction Law

SEPTEMBER 5, 2020

Parties to a lawsuit, or who reasonably should anticipate future litigation, have a duty not to destroy evidence crucial to their opponents’ claims or defenses. But what about a building under construction? ” Murray v.

Inspections 40

Inspections New Hampshire Claims Construction 40

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. Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors. Copyright Notice. Disclaimer. Categories.

Architecture 58

Architecture Illinois AIA Chicago 58

NH Construction Law

JUNE 26, 2023

imposes liability for knowingly making a false or fraudulent “claim,” or a false record or statement material to such a claim, in order to obtain funds from the federal government. For government contractors, there can be serious repercussions if those representations are knowingly false. § 3729 et seq., Supervalu Inc.

Claims 40

Claims United States Liability Materials 40