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Professional Liability Insurance Explained

Levelset

Professional liability insurance provides contractors coverage from financial losses that happen as a result of their errors, mistakes, or negligence. In that case, professional liability insurance would generally provide the plumber with reimbursement for legal fees, settlements, and judgments.

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Less than 20% of Green Building Contracts Properly Drafted

Green Building Law Update

In a recent review of contracts involving green building construction projects, less than 20% had properly drafted provisions addressing green building matters. More than 60% of that subset was in jurisdictions with a mandatory green building law creating liability for the architect among others.

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Phase l Environmental Site Assessment Standard Being Revised

Green Building Law Update

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law. Task Group, after more than a year of work, has balloted a draft revised standard and results are expected as early as next week. 9601) and petroleum products.” The ASTM E50.02

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HRECs in a Phase l are Not Recognized Environmental Conditions

Green Building Law Update

By way of background, a Phase I environmental site assessment is the process of evaluating a property’s environmental conditions and assessing potential liability for contamination. History says, ‘see you later.’”. And in another blog post last month, I wrote, I Just Read my 1000 th Phase I Environmental Site Assessment this Year.

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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.

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Now is the Time to Revise your Green Building Contracts

Green Building Law Update

And that litigation predated the increased liability associated with materials including the new largely untested EPDs and HPDs. It is beyond dispute that the best way to mitigate risk in a sustainable project is a properly drafted contract. Just over 50% of those contracts had any meaningful sustainable project specific language.

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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.