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How to File a Lawsuit After an Injury At a Construction Site?

Construction Marketing

Damage recovery If your claim is successful, you may be entitled to recover damages for your injuries. Defenses to a Construction Site Injury Lawsuit There are a few defenses that companies and individuals can use if you file a lawsuit against them after a construction site injury.

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Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. The Consolidated Appropriations Act signed on March 23, 2018 included in Division N, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2018’’ (the BUILD Act). 9601 et seq.,

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Supreme Court Permits State Law Claims Against Superfund Property

Green Building Law Update

This decision impacts on landowners in widely utilized state Brownfields programs, including those who enter the program in advance to purchasing a contaminated property as a defense to being a PRP. In an instructive environmental law decision last week, the U.S. You can read the Supreme Court decision at Atlantic Richfield Co.

Claims 156
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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. In Appeal of Matcon Diamond, Inc. 59637 (Feb.

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Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Best Practices Construction Law

2008), wherein a government contractor sought compensation for being barred from a military base for 41 days following the 9/11 terrorist attacks. The APTIM decision expressly addresses the Sovereign Acts defense, which ultimately denied the contractor’s claim for additional compensation. Geren , 550 F.3d 3d 1368 (Fed.

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Is the Best Defense Always a Good Offense?

Construction Dive

It’s an old sports cliché: the best defense is a good offense. In claims litigation, this strategy has been in evidence for years. The engineer sued to collect approximately $50,000 in compensation. A recent case, however, illustrated a pitfall to this aggressive response. million in damages.

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Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. Buried in the more than 800 page Consolidated Appropriations Act signed on March 23, 2018 was Division N, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2018’’ (the BUILD Act).

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