Green Building Law Update

DECEMBER 12, 2021

Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. It is one thing when a political leaders in a government make an ESG claim. But it is another thing for a business to make ESG claims about net zero or otherwise that mislead customers.

Risk 156

Risk Claims Legal Agreement 156

Construction Dive

JANUARY 8, 2015

By Bruce Jervis Unpaid subcontractors and suppliers have long been frustrated by the slow processing of claims against payment bonds. The state “Little Miller Act” requires public works payment bond sureties to either pay or deny – based on stated good faith grounds – within 90 days of receipt of a claim.

Claims 48

Claims Connecticut Defense Security 48

Construction Dive

OCTOBER 7, 2012

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

Defense 48

Defense Claims Compensation Agreement 48

Federal Construction Contracting Blog

JUNE 7, 2022

As two recent Armed Services Board of Contract Appeals (the Board) decisions involving contractor claims for COVID-19-related costs illustrate, the distinction between these two roles can make or break a contractor’s claim. As the Court of Claims in Jones v. On appeal, the Air Force asserted the Sovereign Acts defense.

Defense 59

Defense Contract Claims Contractors 59

Green Building Law Update

MARCH 27, 2016

Resolute alleges in its pleadings that in 2012 Greenpeace published defamatory articles critical of Resolute’s forestry and corporate practices, even after publicly retracting its claims after Resolute threatened litigation, and secretly disseminated them to Resolute’s customers.

Claims 185

Claims Defense Organization Products 185

Federal Construction Contracting Blog

DECEMBER 9, 2022

The Armed Services Board of Contract Appeals (ASBCA) recently issued a decision regarding a contractor’s claim for increased performance costs due to the economic impact of the COVID-19 pandemic. The Navy denied the claim, and the contractor appealed that decision to the ASBCA. The Navy denied these requests.

Contractors 52

Contractors Contract Defense Claims 52

Best Practices Construction Law

MAY 12, 2014

I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors. For example, in Tennessee, claims regarding improvements to real property must be brought within four years of substantial completion of the project, regardless of the date of discovery. In State v.

Claims 54

Claims Connecticut Legal Construction 54

Best Practices Construction Law

JUNE 21, 2022

The APTIM decision expressly addresses the Sovereign Acts defense, which ultimately denied the contractor’s claim for additional compensation. However, the case does establish implicitly that a work stoppage due to COVID-19 can support the basis for a time extension.

Contract 62

Contract Contractors Compensation Site 62

Levelset

SEPTEMBER 8, 2022

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. General liability insurance.

Liability 52

Liability Insurance Claims Legal 52

Constructlaw

FEBRUARY 24, 2021

The one potential exception, and most interesting update in our view, is the LCIA’s adoption of an express procedure that enables tribunals to render “Early Determinations” on certain claims prior to the arbitration hearing that are “manifestly without merit.” Specifically, Article 22.1(viii) This authority is significant because, unlike U.S.

Claims 52

Claims Defense New York Management 52

NH Construction Law

JANUARY 30, 2022

1990) (applying New Hampshire law) (“If some of the claims against the insured fall within the terms of coverage, and some without, the insured must still defend the entire claim (at least until it is apparent that no recovery under the covered theory can be had).”) City of Keene , 898 F.2d 2d 265, 269 (1st Cir.

Insurance 40

Insurance Liability Defense New Hampshire 40

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. Claims under TOs 22 and 25 were the subject of a contracting officer’s final decision, the denials of which T.H.R. The parties ultimately reached a settlement agreement regarding these claims.

Agreement 52

Agreement Claims Contract United States 52

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. And such is a big deal in this consideration when the Department of Defense is the largest owner of green buildings. Legal scholars can have at it.

Green 120

Green Contract Documentation Claims 120

Green Building Law Update

MARCH 27, 2016

Resolute alleges in its pleadings that in 2012 Greenpeace published defamatory articles critical of Resolute’s forestry and corporate practices, even after publicly retracting its claims after Resolute threatened litigation, and secretly disseminated them to Resolute’s customers.

Claims 120

Claims Defense Organization Products 120

Green Building Law Update

JANUARY 19, 2020

In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection for existing contamination before signing leases. In this new decade when cursed energy is “out” and dark energy is “in” Phase I ESAs ordered by prospective tenants are in.

Liability 156

Liability Leases Defense Commercial 156

Construction and Infrastructure Law

JUNE 20, 2023

PacifiCorp prevailed against the plaintiffs on the claim of inverse condemnation. With respect to the tort-based claims, the jury awarded approximately $72 million in compensatory damages to 17 plaintiffs. This intent standard for inverse condemnation claims in Oregon differs from those in other states.

Oregon 52

Oregon Claims California Liability 52

Federal Construction Contracting Blog

FEBRUARY 22, 2024

Nevertheless, Sanford claimed that Caldaia’s protest was non-specific because the publicly available financial information it relied on included contracts awarded in 2023, which would not generate any income until fiscal year 2024. Sanford appealed the Area Office’s decision to the SBA’s Office of Hearing and Appeals (OHA).

Contract 98

Contract Office Certification Procurement 98

Green Building Law Update

FEBRUARY 7, 2021

Ignorance is not a defense. A business saying though an ESG statement on their website that they are concerned about modern slavery may sound nice, but in 2021 when so many are talking about ESG, that claim will not resonate and quite frankly falls short of what a private enterprise should be doing to prevent these crimes.

Equity 257

Equity Sustainability Defense Green 257

Green Building Law Update

JANUARY 5, 2020

And significantly there is no defense for an issued permit or claim of preemption by other state or federal laws. The partnership’s complaint asks the court to declare the voter enactment unconstitutional on several grounds and also claims it violates a variety of state laws.

New Hampshire 218

New Hampshire Legal Claims DC 218

ENR Construction

SEPTEMBER 17, 2019

of Defense contract team failed to follow criteria for termination firmly established in federal case precedents, Federal claims court ruled.

Defense 37

Defense Claims Contractors Contract 37

Green Building Law Update

AUGUST 5, 2018

According to a representative of the North Carolina Pork Council who was in the courtroom for closing arguments, the plaintiffs’ Texas lawyer acknowledged there are no health claims, and no injuries, but he appealed to the grandparents on the jury, a “grandpa should smell like lemon drops, not hog,” he said.

North Carolina 168

North Carolina Sustainability Claims Iowa 168

Green Building Law Update

AUGUST 30, 2020

In 2020, an increasingly large number of prospective tenants, from commercial banks to sports apparel retailers and the defense industry are actively seeking protection from existing contamination before signing leases. So while instructive, it provided little, if any, comfort to tenants.

Site 156

Site Liability Leases Defense 156

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.”. Medical expenses, property damage, and legal defense costs can grow quickly. Cyber insurance.

Insurance 98

Insurance Liability Claims Injury 98

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 For example, contractors subject to 252.204–7012 are already required to safeguard covered defense information in accordance with NIST SP 800-171. On December 26, 2023, the U.S.

Certification 52

Certification Security Contract Defense 52

Constructlaw

JUNE 21, 2022

They sued Taylor, claiming that their home was defectively constructed, causing moisture problems, which led to mold growth. They supported their contention by offering the AAA’s Construction Industry Arbitration Rules and Mediation Procedures, which indicated that for claims over $1 million, the initial filing fee totaled $14,700.

Agreement 52

Agreement Texas Claims Contract 52

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. While the court’s decision focused on the type of allegations necessary to prove fraud on the FCA, the opinion is instructive to avoid FCA claims. Jesse Sloan v.

Claims 63

Claims Certification Fabrication Inspections 63

Lets Build

FEBRUARY 4, 2021

In any other case, claims will always wait for you just around the corner, putting extra pressure on the project’s budget and generating a multitude of administrative tasks. This administrative nightmare is the first step towards slower decision making, misunderstandings, and all in all costly and time-consuming claims.

Site 158

Site Project Management Schedule Claims 158

Best Practices Construction Law

SEPTEMBER 24, 2020

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. In County of Galveston v.

Claims 118

Claims Compensation Contract Contractors 118

NH Construction Law

SEPTEMBER 5, 2020

Parties to a lawsuit, or who reasonably should anticipate future litigation, have a duty not to destroy evidence crucial to their opponents’ claims or defenses. Golke , 768 N.W.2d 2d 729, 737 (Wis. In the residential setting, New Hampshire’s opportunity to repair statute, RSA 359-G:4 , comes into play here.

Inspections 40

Inspections New Hampshire Claims Construction 40

Green Building Law Update

MARCH 31, 2019

In 2002, as part of the Small Business Liability Relief and Brownfields Revitalization Act, the BFPP definition was amended to include the parenthetical phrase “(or a tenant of a person)” in the description of who can claim the BFPP defense, but there was no other direction on the treatment of tenants.

Liability 120

Liability Leases Defense Commercial 120

NH Construction Law

JUNE 30, 2020

Overlapping the “derivative sovereign immunity” defense is the so-called “government contractor defense” to liability for procurement of negligently designed equipment, articulated in Boyle v. ” 28 U.S.C. § § 2680(a). Campbell-Ewald Co. , United Technologies Corp. , Malesko , 534 U.S.

Contractors 40

Contractors Liability United States Defense 40

Green Building Law Update

DECEMBER 3, 2017

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. A claim pending against a major U.S.

Green 120

Green Risk Claims Drafting 120

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. The changes are intended to make the program more streamlined and flexible, which, in turn, will make it easier (and cheaper) for contractors to implement.

Certification 52

Certification Defense Liability Contractors 52

Best Practices Construction Law

JUNE 21, 2016

shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. ” The appellate court also found that actual knowledge of the delays and claims did not excuse the subcontractor from complying with the the notice requirements of the contract. .”

Claims 82

Claims Contract Legal New York 82

Levelset

SEPTEMBER 30, 2022

If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . A large claim against your business could have a devastating financial effect that could threaten your livelihood. Does a carpenter need insurance? Carpentry is a diverse occupation.

Insurance 52

Insurance Liability Accidents Injury 52

Construction Dive

JUNE 25, 2014

Project owners are quick to raise licensing deficiencies as a defense to a payment claim. Featured in this Week’s Construction Claims Advisor:Contractor Licensed ‘At All Times’ Despite Change in Business StatusBoard Addresses Recovery of Appeal Costs' The reason is obvious.

Compensation 51

Compensation Claims Defense Contractors 51

ENR Construction

FEBRUARY 14, 2018

ft-dia tunnel-boring machine Bertha, has clarified its defense claims in the lawsuit and even shared its feelings about a snub it perceived at the breakthrough ceremony marking the progress of the work.

Seattle 28

Seattle Defense Claims Plans 28