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Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. Such is a real issue when in any given year the vast majority of commercial and industrial real estate transactions are leases and not contracts of sale. 9601 et seq.,

Liability 149
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Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Best Practices Construction Law

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to COVID-19. APTIM Federal Services, LLC (ASBCA No. Geren , 550 F.3d 3d 1368 (Fed.

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Federal Construction Contractors Are Faced with the Double Whammy of the Pandemic and Price Escalation: What Can Be Done?

Federal Construction Contracting Blog

Unfortunately, the construction industry could not employ the remote workplace, and projects continued to require hands-on personnel who could not socially distance as a practical matter and were at greater risk for contracting COVID. Workers were fearful for their families and understandably concerned about themselves.

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Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

Best Practices Construction Law

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. The Government’s final payment defense is an affirmative defense on which the Government bears the burden of proof. In Appeal of Matcon Diamond, Inc. 59637 (Feb. ” So what? ” So what?

Claims 62
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Currency and Accuracy of Construction Cost Data used for IGEs

Job Order Contracting

An independent Government estimate of construction costs shall be prepared and furnished to the contracting officer at the earliest practicable time for each proposed contract and for each contract modification anticipated to exceed the simplified acquisition threshold. building type), and/or temporize cost data.

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Is the Best Defense Always a Good Offense?

Construction Dive

It’s an old sports cliché: the best defense is a good offense. For instance, if a design professional brings a collection action for a fee it is allegedly owed, the automatic response will be a counterclaim for breach of contract and professional malpractice. The project owner counterclaimed for malpractice, alleging $1.5

Defense 48
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No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Best Practices Construction Law

While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case. The Contract. Under the contract, the County was responsible for moving gas, water, and fiber-optic utilities.

Claims 118