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Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

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). The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. 9601 et seq.,

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Tenants Order Phase l to Avoid Hazardous Substance Liability

Green Building Law Update

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

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#109:  Liability Insurers' Duty to Defend

NH Construction Law

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.

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

Green Building Law Update

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). 9601 et seq., 9601 et seq., So while instructive, it provided little, if any, comfort to tenants.

Liability 156
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I Just Read my 1000th Phase I Environmental Site Assessment this Year

Green Building Law Update

Buried in the more than 800 page Consolidated Appropriations Act signed on March 23, 2018 were the very few words of Division N, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2018’’ (the BUILD Act). 9601 et seq., 9601 et seq., So while instructive, it provided little, if any, comfort to tenants.

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Say What? The Rise of Criminal Liability for Construction Accidents

Best Practices Construction Law

Last week marked the end of Construction Safety Week 2018 , a combined effort by the Construction Industry Safety (CISI) group and the Incident and Injury Free (IIF) CEO Forum. Safe projects are more likely to be profitable projects due to lack of delays and prevention of claims for jobsite injuries.

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Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

Best Practices Construction Law

2018), the court examined whether a “No Damages for Delay” clause extended to parties other than the owner. The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami.

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