article thumbnail

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

Green Building Law Update

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. Such is a dramatically large issue with the economic contribution of real estate to the U.S.

Liability 156
article thumbnail

Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

Best Practices Construction Law

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment. In Appeal of Matcon Diamond, Inc. 59637 (Feb.

Claims 62
professionals

Sign Up for our Newsletter

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

article thumbnail

ASBCA Says “Not So Fast” to Contractors Seeking Relief from Pandemic Impacts

Federal Construction Contracting Blog

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. The Navy denied the claim, and the contractor appealed that decision to the ASBCA. The Navy denied these requests.

article thumbnail

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Best Practices Construction Law

62982) involved a contractor who sought to recover $99,076 in operational costs incurred on a construction contract during a two-month period in 2020. The APTIM decision expressly addresses the Sovereign Acts defense, which ultimately denied the contractor’s claim for additional compensation.

article thumbnail

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

Green Building Law Update

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. In 2020, the state of the environmental industrial complex is strong.

Site 156
article thumbnail

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

Construction and Infrastructure Law

On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day weekend in 2020. PacifiCorp prevailed against the plaintiffs on the claim of inverse condemnation. 20-CV-33885.

Oregon 52
article thumbnail

Maryland is First State to Legislate Permitted Use of PFAS

Green Building Law Update

Then on February 20, 2020, the EPA issued preliminary determinations to regulate PFOA and PFAS in drinking water and also issued a supplemental proposal regulating new uses of PFAS as requiring review under TSCA. The Department of Defense has identified 15 bases in Maryland “known to have releases of PFAS.”

Maryland 177