article thumbnail

Phase l Environmental Site Assessment Standard Being Revised

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. 9601) and petroleum products.” Importantly, the ASTM E1527 is recognized by the U.S. The ASTM E50.02

Site 296
article thumbnail

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
professionals

Sign Up for our Newsletter

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

article thumbnail

#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

The main purpose of such clauses is to shift the risk of owner nonpayment, whether due to owner insolvency or owner breach, from the contractor to the subcontractors. ” 286 A.3d 3d at 1201. New Hampshire employs the same general rule.) Quinn Construction, Inc. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D.

article thumbnail

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.

article thumbnail

What Is a Construction Punch List (And How to Improve)

Autodesk Construction Cloud

Paper creates massive inefficiencies and leaves construction team’s open to more risk and errors. If required, liability can be included in the contract in case a particular party does not complete their end of the bargain. The days of paper punch lists are over–or at least they should be.

article thumbnail

What Is a Construction Punch List (And How to Improve)

Autodesk Construction Cloud

Paper creates massive inefficiencies and leaves construction team’s open to more risk and errors. If required, liability can be included in the contract in case a particular party does not complete their end of the bargain. The days of paper punch lists are over–or at least they should be.

article thumbnail

constructionattorneyblog: California: No contractual jury waiver

Construction Lawyer

Sabo & Zahn LLC is an Illinois Limited Liability Company. In other words, you use the stuff we post here at your own risk. These types of waivers are usually seen in contracts where there is a disparity in bargaining positions. Unlimited liability for designers and contractors. Copyright Notice. Disclaimer. Categories.