Green Building Law Update

OCTOBER 25, 2020

By way of background, a Phase I environmental site assessment is the process of evaluating a property’s environmental conditions and assessing potential liability for contamination. History says, ‘see you later.’”. And in another blog post last month, I wrote, I Just Read my 1000 th Phase I Environmental Site Assessment this Year.

Liability 156

Liability Site Environment Commercial 156

Green Building Law Update

APRIL 3, 2016

And that litigation predated the increased liability associated with materials including the new largely untested EPDs and HPDs. It is beyond dispute that the best way to mitigate risk in a sustainable project is a properly drafted contract. Just over 50% of those contracts had any meaningful sustainable project specific language.

Green 120

Green Contract AIA Drafting 120

Green Building Law Update

AUGUST 8, 2015

Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. Those interested in the procedural history of this case may look to my earlier blog post Litigation Over First Ever LEED Platinum Building.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. Those interested in the procedural history of this case may look to my earlier blog post Litigation Over First Ever LEED Platinum Building.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

NOVEMBER 17, 2019

Adverse health impacts from PFOA are being policed by the marketplace and enforced by the rule of law through these common law state tort liability suits. That lawsuit is in addition to the hundreds of PFOA suits pending across the country, including three class actions certified last month. In the U.S.

Liability 120

Liability Regulation Products Environment 120

Construction and Infrastructure Law

JANUARY 9, 2020

Any party who could face potential liability should be included as an indemnified party. 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. This is an easy way to avoid unexpected liability.

Liability 69

Liability Agreement Drafting Insurance 69

Green Building Law Update

DECEMBER 3, 2017

And the power utilities protect themselves from liability related to data. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. The similar waiver for LEED v2009 is still in effect. cities to report data to the local government.

Green 120

Green Risk Claims Drafting 120

Lets Build

DECEMBER 2, 2022

A construction quality management plan should be drafted as a standard document, to be applied to all future projects. Drawing up a construction quality management plan will enable you and your staff to identify potential liabilities or risks, and implement techniques to mitigate them. Creating a plan.

Management 156

Management Construction Risk Cash Flow 156

Green Building Law Update

JUNE 25, 2017

In the event of a default, the amount in default (but not the entire principal of the PACE loan) is a liability that is a property tax lien collected by the local government with the priority associated with other real property tax liens, so existing mortgage holder acknowledgment of a PACE loan is required. the top 10% of a building).

Maryland 136

Maryland Lien Finance Cash Flow 136

Construction and Infrastructure Law

JANUARY 9, 2020

Any party who could face potential liability should be included as an indemnified party. 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. This is an easy way to avoid unexpected liability.

Liability 52

Liability Agreement Drafting Insurance 52

Green Building Law Update

JULY 24, 2016

Under this July 19, 2014 guidance in the event of a default on a residential property PACE loan, the liability is a property tax lien collected by the local government with the priority associated with other real property tax liens. PACE programs are good for the planet and good for improving the housing stock.

Finance 120

Finance Lien Residential Commercial 120

Construction Law Monitor

OCTOBER 26, 2010

Many experts believe that the AIA standard form contracts are drafted to protect the Architect. AIA documents are formed on the premise that an owner will seek out a qualified architect to begin a project, thus placing more liability and responsibility on that architect. ConsensusDOCS came about from a different premise.

AIA 61

AIA Contract Documentation Drafting 61

Construction Business Owner

FEBRUARY 2, 2012

Beane didn’t achieve success by drafting players based on his emotional judgments or media-based hype. Public Exposure and Liability on Construction Sites. In fact, I often wonder how smaller construction businesses with tighter margins can compete with the gigantic firms who have unlimited resources. Wally Evans Blog. Recent Posts.

Construction 120

Construction Software Software Accounting 120

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

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

Levelset

SEPTEMBER 2, 2022

While general liability insurance covers against claims related to injury or property damage, errors and omissions insurance protects from lawsuits related to financial loss. Errors and omissions insurance, also called professional liability insurance, is one tool that contractors can use to transfer risk away from themselves.

Insurance 52

Insurance Liability Claims Injury 52

DebunkTheBIM

JANUARY 24, 2011

A consultant may produce hundreds of sheets of drawings to justify their fees and/or pad the set up to cover for lack of competency in drafting staff.

Permits 48

Permits Drawings Drafting Liability 48

Construction Business Owner

JANUARY 30, 2011

Many of the contractors immediately shot down the concept with the age old line of questioning that pertains to the architects’ inability to draft an affordably reproduced plan and a perceived desire to be the next Frank Lloyd Wright on a modest budget. Public Exposure and Liability on Construction Sites. Wally Evans Blog.

Contractors 120

Contractors Design Software Software 120

Construction Cost Estimating

OCTOBER 8, 2018

Both play important role for major projects with equally significant liabilities. Comparing Site Engineers to Project Engineers: Both the site engineers and project engineers take diverse liabilities for accomplishment for different types of construction projects.

Engineering 40

Engineering Site Liability Construction 40

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

Best Practices Construction Law

OCTOBER 10, 2012

Although the claim went through arbitration, ultimately the Supreme Court of Rhode Island remanded the case to the superior court to determine whether the claim was simply a "pass-through" claim or a claim involving other liability between the contractor and the subcontractor. Pass-Through-Plus.

Claims 48

Claims Rhode Island DOT Liability 48

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 Employment Conference 156

Construction Law Monitor

OCTOBER 30, 2013

The contractor who is applying for the Home Improvement license needs to provide general liability insurance and show that the contractor or the registering entity is registered with the Louisiana Department of Revenue. It is always smart to properly form an entity such as and Limited Liability Company (LLC) to protect personal assets.

Louisiana 51

Louisiana Contractors Lien Liability 51

Construction Business Owner

JANUARY 4, 2011

In that relatively short time frame I am able to draft an email from 30,000 feet and send it into the ether to any number of project team members. Public Exposure and Liability on Construction Sites. Field changes and conditions were scribbled on note pads. Wally Evans Blog. Recent Posts. Top 5 Trends in Construction Software.

Construction 120

Construction Software Software US 120

Building Radar

JULY 24, 2024

Disputes in construction can arise from a variety of issues, including contract terms and interpretations, delays or disruptions, payment disagreements, changes in project scope, liability issues, and the quality of workmanship or materials. Ambiguities in contracts can lead to misunderstandings and conflicts between parties.

Construction 52

Construction Liability Negotiation Contract 52

Construction Law

FEBRUARY 2, 2024

Guest editor Delay without reasonable excuse and criminal liability Guest Editors Chris Bryden and Bartholomew Scholefield of 4 King’s Bench Walk warn that post Grenfell Improvement Notices to replace cladding should not be ignored, otherwise financial and criminal consequences may follow.

Construction 52

Construction Insurance Procurement Drafting 52

Best Practices Construction Law

DECEMBER 26, 2019

During strong economic times, I have a lot more contract drafting and project administration work. As a construction attorney for over twenty years, I have realized that the industry is always in a state of flux. During hard economic times, I have a lot more construction litigation and mechanic’s liens. Change of any sort comes in stages.

Accidents 62

Accidents Deals Lien Drafting 62

Construction Specifier

JULY 24, 2024

To prevent dangerous smoke infiltration, some door models include integrated gasketing to control drafts and limit smoke’s ability to pass through the door. Building codes mandate specific fire safety measures, and smoke and draft control are crucial requirements. Compliance with building codes.

Safety 59

Safety Drafting Modeling Documentation 59

Construction Lawyer

MARCH 15, 2007

Sabo & Zahn LLC is an Illinois Limited Liability Company. For a number of months, draft versions have been distributed to various groups for comment. With the latest draft of A201, this provision is completely removed, making this decidedly unfriendly for contractors. Unlimited liability for designers and contractors.

AIA 40

AIA Plans Illinois Drafting 40

Construction Cost Estimating

JUNE 26, 2019

In this civil engineering article, you will get the details about the role of a contractor and the liabilities of him. Draft an efficient safety policy. Role Of A Contractor In Health And Safety Issues The contractor has to undertake the following liabilities for health and safety issues. Anticipate any probable changes.

Contractors 40

Contractors Legal Safety Liability 40

Construction Law Monitor

SEPTEMBER 10, 2015

Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. An indemnification clause can help protect you against future liability. At Wolfe Law, we always carefully review the contracts our clients are considering. Payment Conditions. We understand that contracting is never easy.

Contract 40

Contract Construction Compensation Liability 40

Construction Law Monitor

SEPTEMBER 10, 2015

Certain clauses are critical for any contract to effectively protect your rights and minimize your liabilities. An indemnification clause can help protect you against future liability. At Wolfe Law, we always carefully review the contracts our clients are considering. Payment Conditions. We understand that contracting is never easy.

Contract 40

Contract Construction Compensation Liability 40

Construction Marketing Ideas

MARCH 12, 2016

In North Carolina, that means filing a Notice to Lien Agent as your work begins, informing suppliers of the identity of the lien agent, guarding against double payment liability through the Notice of Contract procedure, and enforcing your lien rights timely, when necessary. Secure your payment rights. Speaking of construction lawyers….

North Carolina 48

North Carolina News Lien Construction 48

Best Practices Construction Law

JANUARY 2, 2015

During strong economic times, I have a lot more contract drafting and project administration work. As a construction attorney for almost twenty years, I have realized that the industry is always in a state of flux. During hard economic times, I have a lot more construction litigation and mechanic’s liens. Change of any sort comes in stages.

Accidents 48

Accidents Deals Lien Drafting 48

Pro Builder

JUNE 1, 2020

Third-party contractors: Research + design + renderings + plan stamp/liability. There’s no time to reach out to the architect to manually draft job-specific plans from a master database or to convert files to be shared with a rendering company to generate marketing documents.

Documentation 59

Documentation Software Software Profitability 59

Autodesk Construction Cloud

NOVEMBER 15, 2021

Karalynn also brought up the tendency of the industry to pass liability down the chain when drawing up contracts. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities. The shifting of risk and liabilities is a very common practice when drafting contracts. No one does that.

Contract 52

Contract Contractors Negotiation Subcontracting 52

NH Construction Law

FEBRUARY 26, 2022

If the owner owns the float, time extension (or owner liability) is only for the length of delay in excess of the float days. If the contractor owns the float, time extension (or owner liability) is for the entire length of the delay. How often these scenarios actually arise is debatable.

Schedule 40

Schedule Liability Contractors Contract 40