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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. Among the reasons this is a significant decision is the impact on widely utilized state Brownfields programs. Christian et al.

Claims 156
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Maryland is First State to Legislate Permitted Use of PFAS

Green Building Law Update

actually 3 separate bills) expressly permitting PFAS (. The Department of Defense has identified 15 bases in Maryland “known to have releases of PFAS.” It has been suggested this legislation will put in jeopardy claims within Maryland in the national fire-fighting foam multidistrict litigation in South Carolina.

Maryland 177
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The Sovereign Acts Doctrine Strikes Back: COVID Costs Are Its Latest Victim

Federal Construction Contracting Blog

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.

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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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Texas Court of Appeals Enforces Arbitration Agreement Provision Delegating Issues of Arbitrability to Arbitrator

Constructlaw

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.

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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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Test the Bounds of Job Order Contracting?

Job Order Contracting

B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work. The Torres Case. Torres Construction Corp.

Contract 130