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#109:  Liability Insurers' Duty to Defend

NH Construction Law

As I have noted elsewhere ( Blog # 37 ), the cost of repairing defective work itself (as opposed to the cost of addressing any resulting damage to other property) is rarely covered by the defendant’s insurance policy. ”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed.

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#90:  Government Contractor Immunity

NH Construction Law

A few years back I blogged (#24) on the Spearin doctrine, which holds that adherence to government-imposed design specifications absolves the contractor from contract liability to the government when the finished product fails to perform as intended. 663, 672 (2016) ( quoting Brady v. ” 28 U.S.C. § § 2680(a).

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Green Building Data Risk as an Opportunity

Green Building Law Update

The European Union has gone in another direction with the 2016 General Data Protection Regulation , applicable as of May 2018, updating and modernizing the principles enshrined in the 1995 Data Protection Directive which guarantee individual privacy rights in one’s personal data including “the right to be forgotten.”

Green 120
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#79:  Res Judicata and the Privity Element

NH Construction Law

How many bites at the apple is a litigant given to prove his claim? This principle finds expression in a legal doctrine called res judicata , also known as claim preclusion, which “prevents parties from relitigating matters actually litigated and matters that could have been litigated in the first action.” 128 (2016).

Claims 40
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Net Zero Pledges by Businesses are Fraught with Risk

Green Building Law Update

Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. It is one thing when a political leaders in a government make an ESG claim. But it is another thing for a business to make ESG claims about net zero or otherwise that mislead customers.

Risk 156
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Israel-Based Auto Supplier Selects Indiana for First North American Operations

Buisness Facilities Contributed Content

Omen USA’s announcement was made as a delegation of Indiana economic development and technology leaders attended the Cybertech 2016 conference in Tel Aviv, the second largest cyber security-focused conference in the world. “The support of the state and local authorities are an important factor in deciding on Richmond, Indiana.”.

Indiana 40
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Cover Story: 2014 Business Facilities Rankings Report

Business Facilities

Production of the new SUV will begin in the fourth quarter of 2016, with the first vehicle expected to roll off the new assembly line by the end of 2016. As part of the incentive package, Volkswagen Group of America has agreed to waive its right to claim certain statutorily available tax credits directly related to the expansion.

Louisiana 111