Green Building Law Update

DECEMBER 2, 2018

In 2002, as part of the Small Business Liability Relief and Brownfields Revitalization Act, the BFPP definition was amended to include the parenthetical phrase “(or a tenant of a person)” in the description of who can claim the BFPP defense, but there was no other direction on the treatment of tenants.

Liability 149

Liability Defense Leases Compensation 149

Green Building Law Update

JANUARY 19, 2020

In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection for existing contamination before signing leases. In this new decade when cursed energy is “out” and dark energy is “in” Phase I ESAs ordered by prospective tenants are in.

Liability 156

Liability Leases Defense Commercial 156

Green Building Law Update

AUGUST 30, 2020

In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection from existing contamination before signing leases. So while instructive, it provided little, if any, comfort to tenants.

Site 156

Site Liability Leases Defense 156

Green Building Law Update

MARCH 31, 2019

In 2002, as part of the Small Business Liability Relief and Brownfields Revitalization Act, the BFPP definition was amended to include the parenthetical phrase “(or a tenant of a person)” in the description of who can claim the BFPP defense, but there was no other direction on the treatment of tenants.

Liability 120

Liability Leases Defense Commercial 120

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

Job Order Contracting

APRIL 30, 2022

Zero costs associated with disputes and claims. Fewer disputes and claims. Partnering on defense contracts. Projects completed at or under budgeted cost. Reduced project related cost growth per change order. Shorter construction schedules than planned. Increased quality satisfaction. Edelman, L., Scarbrough, H., & Swan, J.

Construction 222

Construction Project Management Engineering Management 222

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