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Supreme Court Permits State Law Claims Against Superfund Property

Green Building Law Update

A group of 98 landowners sued Atlantic Richfield in Montana state court for common law nuisance, trespass, and strict liability, seeking restoration damages, which Montana law requires to be spent on property rehabilitation. Among the reasons this is a significant decision is the impact on widely utilized state Brownfields programs.

Claims 156
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Happy New Year From DoD – The Proposed CMMC Rule Is Here

Federal Construction Contracting Blog

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. POA&Ms under Level 1 are not permitted.

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In Construction, There’s A Tattletale And There’s What is Right

Best Practices Construction Law

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
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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

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constructionattorneyblog: Limitation of Liability in new AIA Document

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Sabo & Zahn LLC is an Illinois Limited Liability Company. Limitation of Liability in new AIA Document. Copyright Notice. Disclaimer. Here it is: § 8.1.3

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Indemnification Clause in Construction Contract was Expensive for Contractor

Construction Lawyer

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. The owner and the general contractor filed cross-claims against SJ for indemnification. In a recent New York case, Koerner v.

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Construction Legislation Now Pending in Washington

Construction Law Monitor

House Bill 1532 (Creating a good faith defense for certain minimum wage and overtime compensation complaints). This act allows for the indemnification of a public agency in a claim filed by a design professional only to the extent of any negligence, recklessness, or willful misconduct of the design professional. Introduced by Rep.