Green Building Law Update

AUGUST 30, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Site 156

Site Liability Leases Defense 156

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

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

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 and Infrastructure Law

JUNE 20, 2023

PacifiCorp prevailed against the plaintiffs on the claim of inverse condemnation. With respect to the tort-based claims, the jury awarded approximately $72 million in compensatory damages to 17 plaintiffs. This intent standard for inverse condemnation claims in Oregon differs from those in other states.

Oregon 52

Oregon Claims California Liability 52

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

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

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R. The parties ultimately reached a settlement agreement regarding these claims.

Agreement 52

Agreement Claims Contract United States 52

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 90

Liability Agreement Drafting Insurance 90

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. A claim pending against a major U.S.

Green 120

Green Risk Claims Drafting 120

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.

Certification 52

Certification Defense Liability Contractors 52

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

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

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

Best Practices Construction Law

MARCH 5, 2018

Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. While the court’s decision focused on the type of allegations necessary to prove fraud on the FCA, the opinion is instructive to avoid FCA claims. Jesse Sloan v.

Claims 63

Claims Certification Fabrication Inspections 63

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

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

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

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? Golke , 768 N.W.2d 2d 729, 737 (Wis. ” Murray v. . 06-4630-BLS2

Inspections 40

Inspections New Hampshire Claims Construction 40

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

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

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Lawyer

APRIL 3, 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. Federal Court dismisses subs claim against GC because of arbitration provision. Disclaimer.

Claims 40

Claims Agreement Illinois Subcontracting 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

Safety Services Company

JUNE 17, 2013

Opponents believe New York’s scaffolding law is too rigid, claiming the law awards negligent and even drunk construction workers. Opponents of the law also claim that it has increased the cost of liability insurance, making it challenging for contractors to obtain coverage and build in New York.

New York 48

New York Accidents Safety Claims 48

Construction Lawyer

APRIL 19, 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. Economic Loss Doctrine bars Nevada claims against Architect. Copyright Notice. Disclaimer.

Nevada 40

Nevada Claims Illinois AIA 40

Construction Lawyer

FEBRUARY 28, 2014

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. The owner and the general contractor filed cross-claims against SJ for indemnification. In a recent New York case, Koerner v.

Contract 40

Contract Contractors Insurance Accidents 40

Construction Lawyer

AUGUST 30, 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. False Claims lands Engineer in jail. Unlimited liability for designers and contractors.

Claims 40

Claims Engineering Illinois AIA 40

Contractor Bookkeeping

JUNE 20, 2014

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Check with your construction attorney and your liability insurance agent to make certain you are covered. Lessons You Will Learn The Easy Way.

Insurance 48

Insurance Construction Accounting Claims 48

Contractor Bookkeeping

JUNE 15, 2012

We strongly recommend a Subchapter S Corp (a Sub S) for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Check with your construction attorney and your liability insurance agent to make certain you are covered.

Contractors 48

Contractors Insurance Claims Lien 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. How much is the penalty? It never hurts to ask.

OSHA 156

OSHA Inspections Conference Employment 156

Contractor Bookkeeping

JANUARY 2, 2015

Get Organized - We strongly recommend a Subchapter S-Corp for tax advantages, protecting your personal assets in the event of a claim or lawsuit against your company and for future expansion. Check with your construction attorney and your liability insurance agent to make certain you are covered. Lessons You Will Learn. The Hard Way.

Construction 48

Construction Insurance Accounting Claims 48

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. 541.300(a).

Architecture 58

Architecture Illinois AIA Chicago 58

Buisness Facilities Contributed Content

MARCH 8, 2016

In addition, a taxpayer who holds an interest in a qualified generating facility in New Mexico that files a corporate income tax return may claim a credit for 6% of the eligible generation plant costs of a qualified facility. The taxpayer may claim the angel investment credit for one qualified investment per investment round.

New Mexico 40

New Mexico Compensation Income Railroad 40

Construction Lawyer

MAY 1, 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. apply to any claim that is directed to arbitration by the court. Copyright Notice.

Florida 40

Florida Illinois Claims AIA 40

Construction Lawyer

JANUARY 29, 2014

Because the limitations of section 13-214 do not apply to fraud-based construction claims, the appellate court properly followed Rozny and looked to section 13-205 to determine the applicable statute of limitations. of the standard AIA Owner/Architect agreement applies to fraud-based construction claims. contracts litigation'

Illinois 40

Illinois AIA Contract Agreement 40

Construction Lawyer

APRIL 14, 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 AIA Chicago Legal 40