Green Building Law Update

OCTOBER 10, 2011

This year, the US Green Building Council hosted the 2nd Annual Legal Forum at Greenbuild 2011. The green building community seems to understand that green buildings do present new risks that must be managed and attorneys can help. Attorney Dan Sheridan provided a thorough recap of the Legal Forum on his blog, Legally Green.

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Legal San Francisco Green Commissioning 120

Green Building Law Update

SEPTEMBER 5, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Thus, I have asked SEC staff to develop a proposal for climate risk disclosure requirements for the Commission’s consideration. yes, this blog will continue).

Regulation 156

Regulation Risk Sustainability Claims 156

Green Building Law Update

DECEMBER 3, 2017

business seeking to mitigate the risk associated with data protection. It is the unsophisticated who will encounter legal issues and be left holding the bag. A claim pending against a major U.S. The EU law is not only mandatory of all doing business in EU countries, but is excellent guidance for any U.S. Because the U.S.

Green 120

Green Risk Claims Drafting 120

Green Building Law Update

MAY 29, 2022

a publicly traded Brazilian mining company and one of the world’s largest iron ore producers, with making false and misleading claims about the safety of the Brumadinho dam including through its environmental, social, and governance (ESG) disclosures. Securities and Exchange Commission last month charged Vale S.A.,

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Security Commissioning Claims Risk 156

Green Building Law Update

JANUARY 24, 2021

There is legal risk associated with ESG disclosures and I have assisted companies for years in mitigating their liability while still being responsive to the trend of investor demands for these disclosures. case law underscores some of the risks that ESG disclosures may be actionable if found to be materially false or misleading.

Regulation 156

Regulation Claims Risk Legal 156

Green Building Law Update

MAY 24, 2020

With all 50 states now in some stage of reopening from coronavirus pandemic closures, many commercial real estate owners are questioning if they can be liable for damages when someone, whether an employee of the business tenant or someone else, claims to have contracted COVID-19 at their building.

Liability 177

Liability Commercial Claims Insurance 177

Levelset

AUGUST 24, 2022

Construction businesses need many different types of insurance to mitigate the risks associated with building projects. Two of the most common insurance policies that contractors have are builder’s risk and general liability, which serve very different purposes. What is builder’s risk insurance?

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Liability Risk Insurance Contractors 52

Construction Law

MARCH 1, 2024

News Our regular news round up includes a call from insurance companies for pilot projects to find investment models for green infrastructure; failure of another legal challenge to the Stonehenge project; and a warning that the new Building Safety Regulator is looking for a high profile prosecution to make a point.

Insurance 40

Insurance Claims Safety Legal 40

Lets Build

NOVEMBER 5, 2020

Being able to define the major sources of risk in your projects can eventually pave the way for faster and cheaper delivery without having to compromise quality. That being said, coming up with an effective risk management framework across different projects is possible. How we could define risk in a construction project.

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Risk Management Construction Claims 60

Green Building Law Update

FEBRUARY 12, 2014

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).

Insurance 120

Insurance Liability Legal Claims 120

Best Practices Construction Law

NOVEMBER 25, 2019

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. The contractor argued that the owner failed to comply with the notice provision when making its claim for liquidated damages.

Claims 71

Claims Oklahoma Contract Contractors 71

Construction Equipment

JANUARY 13, 2016

When a construction company has difficulty getting paid, state laws allow it to file a bond claim or mechanics lien. Nate Budde, chief legal officer for zlien , discusses the importance of providing preliminary notice and the risks of filing the claim. Read Budde's advice on protecting your company from nonpayment here.

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Lien Claims Legal Risk 48

Construction Law

DECEMBER 5, 2023

News Our regular news round up of construction law and procurement stories reports on two highly critical reports of government spending plans for schools and hospitals; and record fines being levied on a landlord and property management company for fire risks. The programme, called CRUX, is based on expert diagnosis of claims and disputes.

Construction 52

Construction Insurance Claims Procurement 52

Construction Marketing

MARCH 2, 2023

You may wonder if you have legal recourse if you have been injured while working at a construction site. Damage recovery If your claim is successful, you may be entitled to recover damages for your injuries. Unfortunately, injuries at construction sites are highly likely. These damages can include payments for your pain and suffering.

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Injury Site Defense Compensation 258

Pro Builder

JULY 27, 2020

What Are the Legal Safeguards for Getting Back to Work? As builders and trade contractors start to get back on track following the impact of COVID-19 and its restrictions, there are legal concerns to consider. Mon, 07/27/2020 - 12:57. Mike Beirne, Senior Editor. office of Akerman. .

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Legal OSHA Employment Liability 59

Best Practices Construction Law

SEPTEMBER 29, 2020

But I have never really thought about that legal principle because, “People don’t really do that, do they?”. the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction Co. Fouches and Assoc.,

Negotiation 104

Negotiation Contractors Claims Mississippi 104

Levelset

SEPTEMBER 19, 2022

First-party insurance Third-party insurance Definition First-party insurance provides reimbursement to the insured individual or business for covered claims during the coverage period. The roofer’s general liability insurance covers claims related to injuries related to the customer’s fall. First-party insurance examples.

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Insurance Liability Compensation Claims 52

Construction Law

DECEMBER 2, 2022

The next thing you might be contacting your lawyer about could be your potentially over-inflated sustainability claims. Virtue signalling by ‘greenwashing’ could end up being more expensive than taking the measures you have wrongly claimed to. Those projects failing to meet these criteria may struggle to access financing.

Claims 52

Claims Risk Infrastructure Finance 52

Levelset

SEPTEMBER 14, 2022

Let’s take a look a subcontractor insurance: when it’s needed, what happens if a sub goes uninsured, and what policies subs can use to protect their businesses from risk. Subcontractor business liability insurance should be retained since a catastrophic claim could bankrupt most all painting contractors.

Insurance 98

Insurance Liability Claims Injury 98

Levelset

SEPTEMBER 8, 2022

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. It can pay for medical costs and legal fees.

Liability 52

Liability Insurance Claims Legal 52

Construction Marketing Ideas

MARCH 11, 2016

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

Best Practices Construction Law

MAY 3, 2017

In construction, there should be a written contract to transfer the risk when you are stuck between a rock and a hard place. Perhaps “inefficient risk transfer” (alluded to by the authors) comes when parties try to transfer risk opposite or beyond what the law addresses.

Risk 48

Risk Contract Construction Legal 48

Best Practices Construction Law

JUNE 17, 2022

While there are legal implications related to pursuing a claim for additional time or money, there are also practical considerations for both job site and the workers when a severe weather event occurs. Evaluate site-specific risks. Indeed, that’s why force majeure clauses are generally included in parties’ contract.

Construction 62

Construction Plans Indiana Claims 62

Levelset

APRIL 28, 2022

While general contractors commonly use performance bonds to reduce the risk of default, a bond ultimately protects the property owner, not the GC. If a subcontractor defaults on a project, the general contractor can make a claim with the insurance company to cover costs above their deductible and any loss reserve requirements.

Insurance 52

Insurance Contractors Claims ABC 52

Construction Marketing

SEPTEMBER 24, 2015

Although public liability insurance is not a legal requirement, it should be regarded as essential. Something as simple as a customer tripping over a hammer and hurting themselves could result in an accident claim – and without insurance, you could end up facing hefty fines and legal battles. Legal Documents.

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Documentation Insurance Legal Liability 120

Mr Ethics

JUNE 19, 2015

s” will legally protect our personal assets and the assets of our regular company. They say our only risk is the assets that are in the L.L.C. Dear Undecided, LLC’s have been around for decades and are perfectly legal. Consult legal counsel about the pros and cons of a LLC and then use it properly if formed.

Legal 100

Legal Liability Drawings Claims 100

Mr Ethics

JUNE 19, 2015

s” will legally protect our personal assets and the assets of our regular company. They say our only risk is the assets that are in the L.L.C. Dear Undecided, LLC’s have been around for decades and are perfectly legal. Consult legal counsel about the pros and cons of a LLC and then use it properly if formed.

Legal 100

Legal Liability Drawings Claims 100

Mr Ethics

JUNE 19, 2015

s” will legally protect our personal assets and the assets of our regular company. They say our only risk is the assets that are in the L.L.C. Dear Undecided, LLC’s have been around for decades and are perfectly legal. Consult legal counsel about the pros and cons of a LLC and then use it properly if formed.

Legal 100

Legal Liability Drawings Claims 100

Levelset

JUNE 3, 2022

Once the policy has been purchased, the insurance company helps the contractor mitigate risks by improving their processes. When a loss occurs that will exceed the deductible and copay, the contractor submits a notice of claim to the insurance company. The insurer starts a claim on their end and assigns a claim professional.

Insurance 52

Insurance Cash Flow Claims Contractors 52

Best Practices Construction Law

JANUARY 22, 2018

But I had never really thought about that legal principle because, “People don’t really do that, do they?” the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. Fouches and Assoc.,

Claims 83

Claims Mississippi Legal Compensation 83

Construction Law

OCTOBER 3, 2023

Legal terms explained Our latest Legal Terms Explained series article from Georgia Di Salle of Herbert Smith Freehills LLP looks at Expert Evidence. Appeal court decision shows risks of bespoke contract terms Cheryl Ferguson of Dentons UK and Middle East LLP provides a round up of recent decisions relating to adjudication.

Procurement 52

Procurement Construction Insurance Legal 52

Lets Build

APRIL 21, 2022

Minimized risk of legal claims. Running a large construction business can put you at risk of legal trouble. If construction mistakes occur, for instance, you may find yourself liable—and as any construction executive knows, a lengthy, costly legal battle is never beneficial to business.

Software 148

Software Software Management Construction 148

Best Practices Construction Law

SEPTEMBER 30, 2014

You can learn best practices for documentation and record management in this 90-minute webinar — From Paper to Paperless: Controlling Construction Documentation, Improving Record Management and Identifying Risk in an Electronic Age. This course will explore: Why are proper records so essential for claims and disputes?

Documentation 48

Documentation Risk Management Legal 48

Levelset

SEPTEMBER 23, 2022

General contractors know these risks when they take the role. However, the types of policies and their limits (the maximum amount claims can pay out) are limited. However, with the amount of risk involved in a standard construction project, general contractors typically need to hold multiple policies. Builder’s risk insurance.

Insurance 52

Insurance Liability Accidents Risk 52

Levelset

JULY 5, 2022

There are several different types of property liens , which are legal claims against the property held by a debtor. EquiFax also provides three business scores: a payment index, a credit risk score, and a business failure score. Any legal financial-related data (judgments, liens, garnishments, etc.) What is a lien?

Lien 96

Lien Legal Bankruptcy Claims 96

Green Building Law Update

FEBRUARY 7, 2021

A business saying though an ESG statement on their website that they are concerned about modern slavery may sound nice, but in 2021 when so many are talking about ESG, that claim will not resonate and quite frankly falls short of what a private enterprise should be doing to prevent these crimes. Additionally, it is suggested in the U.S.

Equity 257

Equity Sustainability Defense Green 257

Green Building Law Update

JUNE 30, 2019

And there does not appear to be a valid legal theory even articulated to pierce the corporate veil and find liability in individual LLC members. The website goes on to claim, “every homeowner can have the home of their dreams without the dread of colossal energy bills.”. The case is Jeremy Simons et ux, et al v.

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Maryland Housing Claims Green 120