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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).
Over the past year, I've been lucky enough to get to know Jeremy Sigmon at the US Green Building Council. It has been a busy year for him with the introduction of the International Green Construction Code (IGCC). I will also be participating in an upcoming green building legal webinar with the ABA Fidelity and Surety Law Committee.
BuildingGreen will be hosting a series if meetups at their booth at this is a chance to meet and hangout with other green people. In a recent review of contracts involving green building construction projects, less than 20% had properly drafted provisions addressing green building matters. 1% were pursuing Green Globes.
Worries about legalliability have long dogged the sustainable building movement, but insurance expert Karen Erger (Locton Companies) and attorney Eric Singer (Ice Miller LLP) say sustainability lawsuits are caused by the same types of issues that have always prompted clients to sue AEC firms. read more. "The
In an era when concern over legalliability 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?
It was widely reported that the first green building litigation in the country was the 2007 trial court case of Southern Builders, Inc. Green Building Council’s Leadership in Energy & Design (LEED) Rating System, as specified in Division I Section LEED Requirements.” 19-C-07-011405. tax credit certificate.
It was widely reported that the first green building litigation in the country was the 2007 trial court case of Southern Builders, Inc. Green Building Council’s Leadership in Energy & Design (LEED) Rating System, as specified in Division I Section LEED Requirements.” 19-C-07-011405. tax credit certificate.
Despite that a frog told us all in a song lyric, “it’s not easy bein’ green,” it is easy to buy a green building, but. And there are many good reasons for purchasing a green building that is LEED Certified. LEED gave us the technologies and methodologies revolutionizing the way we construct and occupy buildings.
Green buildings generate large quantities of data. In an age when many have opinions about Edward Snowden’s disclosures, foreign state sponsored hacking, and Uber’s massive customer data hack, most people have not considered matters of data protection from their real estate, green building or otherwise. Others collect building data.
Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law. 9601) and petroleum products.” Importantly, the ASTM E1527 is recognized by the U.S. Any exceptions to, or deletions from, this practice are described in Section [?] of this report.
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” (.
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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. And it may be much more than that.
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Legal terms explained Tse Wei Lim and Yun Wen Soh of Herbert Smith Freehills LLP explain what decennial liability means. Only claims against bodies subject to a relevant liability will succeed, the TCC has ruled. A fresh approach to drafting and risk allocation will be needed, they argue.
His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. Sabo & Zahn LLC is an Illinois Limited Liability Company. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >.
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Green Building. Committing Intentional Project Communications » Public Exposure and Liability on Construction Sites. Public Exposure and Liability on Construction Sites. Green Building. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. STRATEGY |. MANAGEMENT |. ACCOUNTING |.
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EPA’s direct final rule allowing the use of the new ASTM E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” to satisfy the requirements for conducting “all appropriate inquiries” to qualify for liability protections. The EPA rule is at [link].
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There can be real legal jeopardy and significant dollar liability for those failing to address the issues associated with solar panels. This firm regularly receives inquiries arising from commercial real estate transactions that have not adequately addressed matters of solar panels, PPAs, tax credits and the like.
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Given the large number of inquiries we have responded to about Zika, including about liability for building owners, this is a repost of an updated version of my February blog post on the subject. But where a building has an insect management plan, the negligent implementation of a plan may arguably give rise to liability.
Green Building. Connecting in Construction » Green Construction & Construction Software. There’s no denying that green building is more common than ever. In fact, just a few weeks ago, the latest version of the International Green Construction Code (IgCC) came out. Get Green Certified. STRATEGY |.
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Green Building. « Follow the Green Road (or A Summary of CONExpo/ConAgg). Public Exposure and Liability on Construction Sites. Green Building. Home Contact Us About Us Subscribe Advertise Legal Disclaimer Site Map -->. STRATEGY |. MANAGEMENT |. ACCOUNTING |. SOFTWARE |. MARKETING |. INSURANCE |. EQUIPMENT |.
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