Green Building Law Update

NOVEMBER 13, 2016

Homebuyers are making claims of false advertising over “Net Zero LEED certified” houses in midtown Sacramento – that may be neither. According to print media accounts , 17 of the 34 homebuyers filed a statement of claim on September 30, 2016 commencing an arbitration proceeding against Pacific Housing, Inc., But are they?

Claims 120

Claims Sacramento Housing Electrical 120

Green Building Law Update

JANUARY 10, 2021

Internal Revenue Code Section 45L provides eligible taxpayers may claim this tax credit for new energy efficient homes that are sold or leased by that taxpayer during the tax year for use as a residence. The tax credit can even be claimed retroactively for past years.

Leases 280

Leases Certification Claims Renovating 280

Levelset

OCTOBER 13, 2022

A certificate of insurance (COI) is a valid form used to prove that you carry the appropriate insurance policy. Why a certificate of insurance matters. Even though a COI may expire, tracking those certificates still holds value. Related: 9 Common Insurance Policies in Construction. How long should I keep my COI?

Insurance 52

Insurance Certification Contractors Liability 52

Green Building Law Update

NOVEMBER 10, 2019

Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive. The manufacturer’s claim is therefore deceptive.

Regulation 120

Regulation Claims Green Certification 120

BD+C

DECEMBER 4, 2023

Trend 3: Build a better baggage claim experience A critical part of the travel experience is ensuring passengers can retrieve their luggage upon arriving at their destination. With that in mind, Skanska regularly partners with airports to help streamline the baggage claim process and get passengers on their way.

Airports 105

Airports Innovation Travel Design 105

Construction Marketing

JUNE 17, 2014

No matter what industry you lead, who you work with, what you do, having a certification is a valuable offering that can boost your career to the next level. But, with so many different certifications available to marketers, what is the best certification available for construction marketers? Certifications are Tax Write-Offs*.

Certification 228

Certification Construction IRS Compensation 228

Best Practices Construction Law

JANUARY 25, 2018

This includes construction claims and clarifies when the limitations period begins to run. the date of issuance of the certificate of occupancy. If a defect was never discovered, and an owner had never made final payment, arguably the statute of limitations for such claims could be extended forever.

Florida 59

Florida Claims Construction Contract 59

Constructlaw

MARCH 10, 2023

a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.

Connecticut 52

Connecticut Subcontracting Claims Travel 52

Building Information Management

OCTOBER 21, 2013

The issue, of course is that there is NO “industry tested and approved level” RICS has announced a BIM Manager Certification. While BIM is far from a “standard” the certification is an attempt to define and evaluate the proficiencies of construction professionals with respect to BIM (Building Information Modelling).

Certification 45

Certification BIM Claims Employment 45

Green Building Law Update

OCTOBER 27, 2019

million to settle a Federal Trade Commission greenwashing complaint alleging that their nationally marketed bath and beauty products are neither “certified organic” nor “vegan” as falsely claimed. These deceptive statements included claims that Truly Organic products contain “100% Organic Ingredients,” are “certified organic,” are “USDA.

Organization 120

Organization Claims Products Visualization 120

Federal Construction Contracting Blog

FEBRUARY 22, 2024

The Area Office notified a Sanford representative of the protest and requested that, within three business days, the company provide certain financial information for the five previously completed fiscal years preceding Sanford’s self-certification for the subject procurement.

Contract 98

Contract Office Certification Procurement 98

Best Practices Construction Law

JUNE 27, 2022

Ultimately, the court concluded that each disputed payment applications was “deemed approved” because the rejections: (1) came after the date payment was due; (2) did not contain a contractual or factual explanation; and/or (3) did not contain a certification that it was made in good faith.

Massachusetts 62

Massachusetts Certification Claims Contract 62

Green Building Law Update

NOVEMBER 20, 2016

The fast growing cannabis business could benefit from a voluntary certification system that producers could participate in to show consumers that they employ environmental best practices. In this brave new weed world, people care about the cannabis they smoke (and eat). But the U.S. Organic marijuana Verdant Checked cannabis is coming.

Organization 120

Organization Certification Claims Sustainability 120

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. certifications and/or lien waivers) to the prime contractors to obtain payment. Mass) (Dec.

Lien 71

Lien Claims Massachusetts Contract 71

Best Practices Construction Law

MARCH 5, 2018

Waukegan Steel, LLC , an employee brought a False Claims Act (FCA) against his employer for false billing and certification on a goverment project. The subcontractor was required to submit “fabrication quality control and weld inspection certificates” to the government before payment was issued. Jesse Sloan v. 3730(b).

Claims 63

Claims Certification Fabrication Inspections 63

Federal Construction Contracting Blog

JANUARY 16, 2024

Department of Defense (DoD) published the much anticipated proposed rule for the revamped Cybersecurity Maturity Model Certification (CMMC) 2.0 The assessment must be completed before contract award and the certification of compliance is good for three years afterwards. On December 26, 2023, the U.S.

Certification 52

Certification Security Contract Defense 52

ENR Construction

JULY 17, 2020

Who is responsible if an SBA certification is faked, as the U.S. attorney claims in Narula case?

Certification 59

Certification Claims Contract 59

ENR Construction

FEBRUARY 18, 2020

Developers' attorney claims the court ruling, which cites zoning irregularities in nearly done project, could invalidate certificates of occupancy for 20 city buildings.

New York City 48

New York City New York Zoning Certification 48

Green Building Law Update

NOVEMBER 27, 2016

But, the claims that have resulted in much of the recent litigation involving green building projects are different from those in other construction disputes. This appears not to be a case about green building despite that the building is registered with GBCI as pursuing LEED and after years is still listed as “certification in progress.”

Green 120

Green Claims Certification North Carolina 120

Constructlaw

JULY 28, 2022

IRIV Partners, LLC , Contractor Tocci sued defendant-owner IRIV Partners, claiming that IRIV violated the statute by making no payments, or only partial payments, on seven periodic applications for payment submitted by Tocci over the course of a project in South Boston. In Tocci Building Corporation v.

Massachusetts 52

Massachusetts Certification Contractors Contract 52

Federal Construction Contracting Blog

NOVEMBER 11, 2021

On November 4, 2021, the Department of Defense (DOD) announced it is revamping the Cybersecurity Maturity Model Certification program. will have only three levels of certification rather than five, and they will align more closely with existing cybersecurity standards. did not allow for self-assessments. The DOD is implementing CMMC 2.0

Certification 52

Certification Defense Liability Contractors 52

Green Building Law Update

OCTOBER 16, 2016

The roundtable will explore interpretations of organic claims for products that fall outside the scope of the USDA’s National Organic Program (which potentially includes everything from cannabis to shampoo and building materials to dry cleaning, all of which are outside of USDA’s voluntary Program).

Organization 120

Organization Claims Green Products 120

Green Building Law Update

JULY 27, 2014

But the current dispute playing out in letters between counsel for Palo Alto and Flintco is the claim by the City that when Flintco’s contract was terminated, it did not turn over the documentation necessary to pursue LEED certification. yes, the general contractor sued the City) in Flintco Pacific, Inc.

Documentation 120

Documentation Certification Contract California 120

Green Building Law Update

NOVEMBER 5, 2017

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. Even the Green Business Certification Inc. LEED Certification Agreement has a mandatory arbitration provision. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Green Building Law Update

JUNE 30, 2019

The only claim that appears it could have legs base on the four corners of the pleadings is the Maryland Consumer Protection Act count because that law has such a low burden of proof where a plaintiff does not have to prove a breach of contract or fraud or even negligent misrepresentation, but only that there was a “.

Maryland 120

Maryland Housing Claims Green 120

Construction Law

DECEMBER 2, 2022

The next thing you might be contacting your lawyer about could be your potentially over-inflated sustainability claims. Virtue signalling by ‘greenwashing’ could end up being more expensive than taking the measures you have wrongly claimed to.

Claims 52

Claims Risk Infrastructure Finance 52

Stok

MAY 23, 2023

if applicable) #4: Certification. if applicable) #4: Certification. Before a taxpayer can claim the deduction , they must obtain a certification for the 179D Report. A professional engineer licensed in the state where the building is located must review and stamp the report to certify it. HOW DO I GET STARTED?

Commercial 52

Commercial IRS Modeling Certification 52

Green Building Law Update

JANUARY 24, 2021

There has been relatively little judicial redress arising from ESG claims (largely attributable to a robust stock market in recent years) and much of it involving bad facts in extreme instances (i.e., yes, obviously pre Biden Administration) that the SEC was scrutinizing whether ESG claims “are at odds with reality.” Recent U.S.

Regulation 156

Regulation Claims Risk Legal 156

Construction Lawyer

FEBRUARY 3, 2014

In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification.

Claims 40

Claims Illinois Agreement AIA 40

Contractor Bookkeeping

NOVEMBER 8, 2012

Why As A Construction Contractor - Do you want a resale certificate when all it does is cause you more paperwork? In Washington State the Resale Certificate was developed for construction contractors to not have to pay the sales tax on material that they plan to resell in the course of their business.

Washington 48

Washington Certification Cash Flow Contractors 48

Constructlaw

NOVEMBER 22, 2022

The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment. The designer, which had specified the wrong type of turbine, invoked New York’s three-year statute of limitations to defeat the owner’s professional negligence claim.

New York 52

New York Risk Claims Liability 52

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. It serves as an additional safety net for businesses in the event of a large claim.

Insurance 98

Insurance Liability Claims Injury 98

Green Building Law Blog

AUGUST 17, 2011

In a major win for the USGBC, Judge Sands dismissed Gifford, et al's Federal claims with prejudice, which means they cannot be brought again, Because the Federal claims were dismissed, the Judge also dismissed Gifford, et al's state claims for lack of jurisdiction. A copy of the Order is available here. USGBC story.

Claims 40

Claims Certification Consulting New York 40

Safety Services Company

DECEMBER 1, 2023

So, promoting certifications like an Experience Modification Rate (EMR) below 1.0 demonstrates significantly lower past claims than the industry average. At the same time, publishing three years of OSHA logs that reveal decreasing incident trends proves a commitment to continual improvement.

Safety 114

Safety Bidding Contract Liability 114

Green Building Law Blog

JANUARY 15, 2013

In one of the more controversial aspects of the Guides, the FTC advises that: If a marketer generates renewable electricity but sells the renewable energy certificates for all of that electricity, it would be deceptive for the marketer to represent, directly or by implication, that it uses renewable energy. Guides at § 260.15(d).

Claims 40

Claims Green Commissioning Electrical 40

Green Building Law Update

DECEMBER 20, 2020

GBCI, the global certification body for LEED (. GRESB BV will become a benefit corporation and seek B-Corp certification, with the aim of demonstrating the separateness of the two organizations and building accountability. at odds with reality.” However, as I wrote in an August blog post, ESG Going the Way of the Dodo?

Certification 156

Certification Deals Foundation DC 156

CivilJungle

AUGUST 8, 2022

Commencement Certificate. documents are required when you are buying any in production from a designer, and a commencement certificate is the way of papers and things to verify before purchasing a property or land. No Objection Certificate. Land Use Certificate. Encumbrance Certificate. Completion Certificate.

Documentation 52

Documentation Legal Certification Agreement 52