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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. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq.,

Liability 149
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Tenants Order Phase l to Avoid 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. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Liability 120
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Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Liability 156
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I Just Read my 1000th Phase I Environmental Site Assessment this Year

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Site 156
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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

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). .”

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Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

Construction and Infrastructure Law

The jury’s liability findings apply to a broader class of owners, whose damages will need to be individually proven in a yet-to-be defined second phase of proceedings. In California, for example, there is no intent element, and inverse condemnation claims are strict liability claims. 19, 27 (2002). [4] ORS 31.730(1). [2]

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Fraudulent Concealment Subject to Statutory Limitations Period

Construction Lawyer

Construction was completed in 2002. 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. Wight delivered the Report to the School district, but not the letter. contracts litigation'