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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

The reason for the dearth of court cases is not that there are no disputes and differences arising from green building design and construction, but rather that many, if not most of the contracts in sustainable construction require mandatory arbitration, in lieu of a judicial contest. Legal scholars can have at it.

Green 120
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Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Best Practices Construction Law

The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. Like every legal question, the answer is: It depends! Tully Construction Co. ,

Claims 82
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Green Building Data Risk as an Opportunity

Green Building Law Update

Therefore, DoD sustainable proponents have brokered this waiver with USGBC, allowing DoD to continue to utilize LEED without compromising data. It is the unsophisticated who will encounter legal issues and be left holding the bag. A claim pending against a major U.S. This waiver is specific for LEED Version 4.0.

Green 120
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Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Best Practices Construction Law

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63
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LEED Credit is Designed to Eliminate Illegal Wood in Buildings

Green Building Law Update

This new pilot credit also leaves in place the 2016 pilot credit MRpc102 Legal Wood, that despite all the discussion has not been a market mover. Certified by a third-party legality verification program (see Annex 3). What agreements exist with the many other trade groups and standards associations related to this pilot credit?

Design 120
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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.

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Additional Insured Status: Playing the Speak-Out Game on a Construction Project

Best Practices Construction Law

In that case, the contractor and subcontractor (and their insurance carriers) were pointing the finger at each other for injuries sustained by an employee of the subcontractor. The subcontract also required the subcontractor to include the contractor as an “Additional Insured” on its policy.