Renewable Energy Claim is Deceptive

Green Building Law Update

This past week and there have been many other times this law firm was consulted about a marketing claim by a building owner with rooftop solar panels that advertises they “use” renewable energy, but the owner sells Renewable Energy Certificates (RECs) for the renewable energy it generates, so the Federal Trade Commission says it shouldn’t make the claim. If the marketer stated, “We purchase wind energy for half of our manufacturing facilities,” the claim would not be deceptive.

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How To Track Increased Construction Costs For Proving Claims

Best Practices Construction Law

I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives.

Judge Weighs Science Behind Monsanto Roundup Cancer Claim

Green Industry Professionals

Federal judge reviews more than 300 cancer claims against Monsanto's widely used weed killer

False Advertising Claims over Net Zero and LEED Certified Homes

Green Building Law Update

Homebuyers are making claims of false advertising over “Net Zero LEED certified” houses in midtown Sacramento – that may be neither. The easier of the two to address may be the claim that the houses are not LEED certified.

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Lawsuit Claims Post-Tensioning Triggered Bridge Failure

ENR Construction

New theories may emerge that contest the causes of the tragedy

Claim Managers

DebunkTheBIM

Still, there is one thing that keeps on hanging around, The role, of the ‘claim manager’. So scientific and exact with no room for the relaxed padding the ex-claim managers are so used to?

Defamation Case over Global Warming Claim set for Trial

Green Building Law Update

The trial court ruled that Dr. Mann’s claims were “likely to succeed on the merits,” the standard established in the Anti-SLAPP Act to defeat a motion to dismiss, and denied the defendants’ motions to dismiss and their subsequent motions to reconsider. Michael E.

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What I Learned from My Kids About Delay Claims

Best Practices Construction Law

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. As for my child’s delay claim, this dad is not buying it!

Skanska sues $300M Miami museum, claiming millions in unpaid bills

Construction Dive

The contractor took over the project in 2014 after the museum terminated its contract with Suffolk Construction

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Second Circuit Rejects Architect's Copyright Claim

Collaborative Construction

The Second Circuit Court of Appeals rejected an architect''s claim that a builder and others who used modified versions of his designs / drawings infringed on his copyright. The court rejected the infringement claim reasoning that while the defendants copies certain elements of the architect''s design those elements were not protected under copyright law.

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How to Win the Claim Game

Construction Business Owner

In today’s litigious environment, claims against construction companies are inevitable, and off-the-shelf solutions used to manage liability risks are too often inadequate.

Tropical Storm Lee – Prepare for Insurance Claims

Construction Law Monitor

Contractors and property owners should be very knowledgable of the claims process after a natural disaster. Your insurer will assign a claims specialist to assess the damage and this person is who you will work with to obtain reimbursement. Be sure to read the policy to make sure you follow all the specific guidelines, otherwise your insurer may use this against you as an excuse not to timely pay up on the claim. The final step is to hire an attorney to escalate your claim.

Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. Although this question may seem contrary to the common sense approach to never overstate the claim amount, it’s actually not.

Claims Mitigation During Construction Phase

Construction Dive

By Jim Zack Construction claims are becoming increasingly prevalent and expensive. It is key that owners and contractors work together to keep the project on schedule and communicate any deviations from plan. The key to successful projects is communicate, communicate, communicate! Whether you are dealing with a partnering situation or a normal construction project, it is imperative to openly communicate early and often.

Construction Claims Mitigation During Dispute Phase

Construction Dive

Despite all the best efforts, claims and disputes are likely to arise on your projects. This article provides keys to help you avoid claims during the dispute phase which starts during and overlaps with the construction phase. You'll learn about how negotiation teams, decision ladders and dispute resolution boards can help keep you out of court. Read more

How to Control Potential Construction Surety Claims

ENR Construction

What a surety bond producer and big contractor do to keep a lid on claims trouble

U.S. Jobless Claims Drop

Construction Equipment

The number of state unemployment claims dropped to a seasonally adjusted 297,000 for the week ended Nov. 29, 2014, dropping by 17,000 from the previous week, according to Reuters. The unemployment rate remains at 5.8 percent

Sedgwick Claims Management Services Expanding Tennessee HQ

Business Facilities Blog

Read Sedgwick Claims Management Services Expanding Tennessee HQ on Business Facilities - Area Economic Development, Site Selection & Workforce Solutions. The technology-enabled risk and benefits solutions management company will create 150 new jobs in Memphis, TN.

Lawsuit Claims Post-Tensioning Error Triggered Bridge Failure

ENR Construction

New theories may emerge that contest the causes of the tragedy

6 Tips to Protect Your Company from Bond Claims

Construction Business Owner

Occasionally, these disputes escalate, and the contractor is presented with a bond claim. Depending on the size of the claim and the strength of the company, these claims can put contractors on the ropes and even knock them out of business.

Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather

Best Practices Construction Law

2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project.

Are Claim Sponsorship Agreements an Efficient Way to Resolve Claims?

Construction Dive

By Bruce Jervis Claim sponsorship and settlement agreements are a vital tool for administering and resolving claims. They facilitate the consolidation of multiple, interrelated claims of a prime contractor and its subcontractors against the project owner.

Should Sanctions Be Applied to Unsuccessful Claims?

Construction Dive

Many state court rules call for a losing party to pay the winning party’s attorney fees and other costs if the loser asserted its claim in bad faith or without substantial justification. A recent decision of Maryland’s highest court avoided the improper imposition of this severe sanction on a construction contractor. Read more

FTC is Pursuing Green Marketing Claims

Green Building Law Update

made misleading and unsubstantiated biodegradability claims for its plastic products. Under the FTC’s final order, APM is prohibited from making biodegradability claims unless they are true and supported by competent and reliable scientific evidence. In an earlier blog post I wrote that the FTC announced in October, 2013 it would begin to ramp up enforcement of environmental claims.

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Navigate a Bond Claim Successfully

Construction Business Owner

In order to grasp the appropriate ways to pursue or defend a bond claim in a meaningful way, contractors should have some background on what payment bonds are and how they work.

What Contractors Should Know about the False Claims Act

Construction Business Owner

The Department of Justice adjusted for inflation the monetary penalties on the False Claims Act this summer. The False Claims Act, known as the Lincoln Law, is a federal law that combats fraudulent claims for payment made to federal programs. As a result, the civil penalties have doubled as of August 2016. In the span of about 30 years, the federal government has collected back $38.9 billion from case brought under the act

Skanska USA suing Miami's $300M Frost Museum, claiming millions in unpaid bills

Construction Dive

The contractor took over the project in 2014 after the museum terminated its contract with Suffolk Construction

Preventing Harassment Claims

Construction Business Owner

Professional football is known as a tough sport with an equally tough behind-the-scenes locker room culture. Jonathan Martin’s departure from the Miami Dolphins on Oct. 28, 2013, perhaps signaled a change.

Government Contractors: Threatening to File a Claim is Not the Same as Filing a Claim

Best Practices Construction Law

For one government contractor, its claim was recently rejected by the Civilian Board of Contract Appeals because the Board found that the Contractor did not properly state its claim. 22, 2015), the Board dismissed the case for lack of jurisdiction because no underlying claim or contracting officer decision existed. The Board rejected the appeal, noting the following: Here, it is clear that neither the contractor nor the Government has made a claim. Words matter.

Using Daily Reports to Prove Construction Claims

Best Practices Construction Law

This type of report will usually prove insufficient to support a request for additional compensation or change order claim. Admittedly, contractors can claim success when they devise a system that provides detailed reporting on days problems occur.

Severin Doctrine: It's Another Name for "Pass-Through-Plus" Claims

Best Practices Construction Law

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim.

Lawsuit Claims Roundup Weed Killer Caused Cancer

Green Industry Professionals

30-plus individuals are suing or plan to sue Monsanto, the maker of Roundup which contains the active ingredient glyphosate

Florida Defends Bridge Choice as Fluor Claims Manipulation

ENR Construction

The $800-million “signature bridge” that the state of Florida promised the people of Miami is distinguishing itself in another way: as a bitterly contested best-value procurement

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Are Claim Settlements Producing Unexpected Consequences?

Construction Dive

By Bruce Jervis Claim settlement agreements can be drafted any which way. Parties signing claim settlement agreements need to be aware. Featured … Claim against Testing Lab Extinguished by Separate Settlement AgreementEngineer’s On-Site Labor Was IncidentalSometimes they are drafted with broad, general language. Sometimes they produce unexpected consequences.

After Restoring Power in N.C., Contractor Faces Many Claims

ENR Construction

Michigan Claims Engineers’ Errors Prolonged Corrosion

ENR Construction

Only a few months ago, Michigan’s state agencies stood at the center of a circle of blame for the Flint water crisis

FTC To Ramp Up Enforcement of Environmental Claims

Green Building Law Update

The Federal Trade Commission will begin to ramp up enforcement of deceptive environmental claims, according to Jessica Rich, director of the commission’s consumer protection bureau. But sometimes what companies think green claims mean and what consumers think they mean are two different things,” Rich said at the Advertising Self-Regulatory Council conference last month.

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