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Phase l Environmental Site Assessment Standard Being Revised

Green Building Law Update

million commercial and industrial real estate transactions in the United States each year, so you need to be aware of the revised standard expected to be issued later this year. Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law.

Site 296
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Updated Phase l Environmental Site Assessment is Published But.

Green Building Law Update

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law, something that is expected to happen by rulemaking at some point in 2022. Liability from old dry cleaners in retail sites that are beyond the boundaries of the “subject property” (.

Site 156
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GA Court of Appeals Enforces Contract Clause, Excluding Liability for Incidental Damages Where Specific Performance Is Ordered

Constructlaw

DonRob planned to develop the other two sections into townhomes and commercial units. If 360 had wanted the ability to recover both specific performance and monetary damages, and/or the ability to recover damages exceeding $250,000, then it could have bargained for the inclusion of these remedies in the Agreement.

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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Constructlaw

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain. Commercial Painting Co.

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#71:  Product Warranties of Future Performance

NH Construction Law

.” The limited warranty at the end states that if the shingles fail in the first 30 years due to manufacturing defects, Manufacturer will pay to replace them according to a prorated formula (the longer into the 30 years, the lesser the Manufacturer’s liability) but excluding the costs of tear down, disposal and new installation.

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#92:  Lost Profits and Waivers of Consequential Damages

NH Construction Law

In the law of contracts, damages suffered by the nonbreaching party may be either “direct” (loss of the benefit of the bargain, measured by the cost of remedying the deficient performance) or “consequential” (other reasonably foreseeable harm caused by the breach). v Conor Medsystems Ireland, Ltd. , 3d 676 (2014).

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#98:  Good Faith Limits on Termination for Convenience

NH Construction Law

Such a provision was part of a commercial painting subcontract in Hate to Paint, LLC v. ” Summary judgment was entered for the painting subcontractor on liability, leaving for another day the issue of damages. Ambrose Development, LLC , No. 218-2020-CV-0585 (Rockingham County, February 26, 2021).