article thumbnail

You Should Not Contract With Your Environmental Consultant

Green Building Law Update

What is described here is much more than simply good drafting of consultant contacts (e.g., Third, environmental services contracts with an attorney almost always also include a broad confidentiality provision encompassing the contract itself, the scope of services, any test result, all reports (that should be only in draft form), and more.

article thumbnail

Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

Any party who could face potential liability should be included as an indemnified party. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. This is an easy way to avoid unexpected liability.

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

Any party who could face potential liability should be included as an indemnified party. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. This is an easy way to avoid unexpected liability.

article thumbnail

Green Building Data Risk as an Opportunity

Green Building Law Update

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. Others collect building data.

Green 120
article thumbnail

OSHA Alert: How to Prepare for an OSHA Inspection

FDR Safety

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.

OSHA 156
article thumbnail

Construction Arbitration

Constructlaw

If the designs are incompatible, unworkable, or defective, architects and engineers may be subject to liability for any additional costs required to correct a deficient design. Practitioners arbitrating construction disputes rely heavily on these concepts to present claims and defenses.

article thumbnail

Fraudulent Concealment Subject to Statutory Limitations Period

Construction Lawyer

Under the newer version of the AIA documents, the architect here would not have had this defense and the case would likely have gone to trial. Any architect drafting an agreement with an owner should look at inserting the 1997 version of the accrual provision in the contract so as to limit liability exposure to a reasonable time period.