Supreme Court Permits State Law Claims Against Superfund Property

Green Building Law Update

A key lesson to be learned here is that even a landowner determined to be an “inculpable person” under a state voluntary cleanup program is still subject to a state law claim by some other impacted third party property owner. In an instructive environmental law decision last week, the U.S.

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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California Opens Door Wider To COVID-19 Workers’ Compensation Claims

ENR Construction

Newsom extends claim potential to all workers outside the home, beyond what other states have done; AGC, Chamber voice concerns about rebutting claims and benefit costs

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5 Tips for Filing a Roof Replacement Insurance Claim

Construction Marketing

Filing a roof replacement insurance claim may be your only chance of taking care of the necessary repairs and renovations, especially after a huge storm, water damage, or other calamities and catastrophes. This having been said, here are 5 tips for filing a roof replacement insurance claim.

Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

Best Practices Construction Law

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment.

The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims

Best Practices Construction Law

Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. You may have met my 22 year old Princess when she was 11.

Can A Construction Contractor Email Notice of a Claim? Maybe!

Best Practices Construction Law

of Maryland, the United States District Court of Maryland address whether a Miller Act claimant can give valid notice of a claim via email. The payment bond claimant was a sub-subcontractor who filed a claim because the subcontractor failed to make timely payment.

Dotted Line: How to conduct business in a world of discrimination and harassment claims

Construction Dive

Lawyers offer some practical advice for contractors to prevent and weather these claims, which they say for many companies are inevitable

FTC Cracks Down on Environmental Marketing Claims

Green Building Law Update

The Federal Trade Commission announced six enforcement actions last week, including against companies that marketed supposedly biodegradable plastic rebar cap covers, plastic golf tees, and plastic shopping bags, as part of the agency’s ramped up crackdown on environmental claims.

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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.

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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10 Best Practices for Construction Claims

Construction Business Owner

Whether you are sued or receive a threatening or demanding letter criticizing your work, it’s hard not to take it personally. While the natural reaction is to immediately respond in one way or another, what you really need to do is take a deep breath, step back and evaluate the situation objectivel

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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!

Uponor Marketing Claims Verified Under New ICC-ES Program

Contractor Magazine

ICC Evaluation Service (ICC-ES) has issued Uponor a marketing claim verification report (ESV-1012) for a Pre-Sleeved AquaPEX product

When Does A Claim for Damages Not Require Notice? When It Is One For Liquidated Damages.

Best Practices Construction Law

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice.

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?

3 Ways a Surety Bond Claim Negatively Impacts Business

Construction Business Owner

A customer or the state can then file a claim against a bond, which can cause damage to the business in several different ways

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FTC Settles Charges Over Deceptive Zero VOC Claims

Green Building Law Update

Some promotions also made explicit safety claims. The FTC alleged, the company had no evidence to support those claims. YOLO Colorhouse, LLC , and Imperial Paints, LLC , have agreed to consent orders that would bar them from making unqualified VOC free and emission free claims.

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Tutor Perini, developer fight over lien, claims of defective work at Florida hotel

Construction Dive

The owner of the Dalmar Hotel in Fort Lauderdale claims it's due $12 million in damages from the general contractor over defective work, including malfunctioning elevators and water leaks

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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!

New York firm claims world's largest 3D-printed home

Construction Dive

S-Squared's ambitions for its robotics machine extend from the 500-square-foot home to infrastructure and commercial buildings up to 1 million square feet

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.

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

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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Contractor claims government owes it $3M for contaminated soil cleanup

Construction Dive

PennaGroup claims 30 employees felt ill after exposure to benzene and other contaminants and that the Army Corps of Engineers did not pay it for the cleanup

Refuting “Planet of the Humans” Claims

Natural Building

This recent article at insideclimatenews.org titled Inside Clean Energy: 6 Things Michael Moore’s ‘Planet of the Humans’ Gets Wrong , written by Dan Gearino claims that t he documentary’s “facts” are deceptive and misleading and way out of date. This doesn’t mean that Tesla’s claim of 100 percent renewable energy is incorrect. The post Refuting “Planet of the Humans” Claims appeared first on Natural Building Blog.

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.

Research: Workers Compensation Claim Denials Inch Upward

ENR Construction

Are challenges to claims helping, or do they end up adding to costs of coverage

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.

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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.

Construction Law Summit in Nashville: How to Claim an Invitation!

Best Practices Construction Law

I have been blogging for over 10 years now. I have spoken at construction and leadership conferences all over the country. Do you want to know my favorite place to speak? My favorite place to speak is wherever I am.

Employees on California bullet train project claim they were told to keep quiet about issues

Construction Dive

Workers on the costly and delayed bullet train project from Northern to Southern California said sharing bad news was considered not being a "team player," the Los Angeles Times reported

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.

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.

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.

NY Bridge Builders Sue State To Gain Pay Claim Records

ENR Construction

Fluor-led team wants long-awaited financials to support $900M Tappan Zee span claim

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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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

Workers' Compensation Claims: A Common Employer's Nightmare

Construction Business Owner

Workers’ compensation claims and how to keep them under control have always been a concern for employers. Incidents ending in claims occur in virtually all industries and can be costly and time consuming. Today, every workers’ compensation claim raises the potential for a variety of workplace laws to come into play There is no federal workers’ compensation law that addresses workplace injuries. It is a state issue, and each state enacts and enforces its own legal framework.

Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

Best Practices Construction Law

The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami.