Green Building Law Update

SEPTEMBER 19, 2013

And the new emphasis on building materials and product makeup in LEED v4 will greatly favor environmentally conscious brands and businesses, far beyond LEED’s influence on the real estate industry. But the legal implications for green marketing claims call for caution. § 260.9(c)

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Claims Green Commissioning Architecture 120

Green Building Law Update

OCTOBER 22, 2013

The Federal Trade Commission will begin to ramp up enforcement of deceptive environmental claims, according to Jessica Rich, director of the commission’s consumer protection bureau. “A growing number of consumers are looking to buy green products and companies respond with green marketing.

Claims 136

Claims Green Commissioning Organization 136

Green Building Law Update

FEBRUARY 26, 2022

Despite that the Zero Waste movement peaked in about 1998, in the modern context of Net Zero from Net Zero Energy to Net Zero Carbon, we are today with surprising frequency asked about a business being able to claim it is Zero Waste. No company should claim to be Zero Waste. There is a lot of waste out there. But it is not easy.

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Claims Certification San Francisco Resource 156

Best Practices Construction Law

NOVEMBER 25, 2019

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. The contractor argued that the owner failed to comply with the notice provision when making its claim for liquidated damages.

Claims 71

Claims Oklahoma Contract Contractors 71

Green Building Law Update

MAY 29, 2022

a publicly traded Brazilian mining company and one of the world’s largest iron ore producers, with making false and misleading claims about the safety of the Brumadinho dam including through its environmental, social, and governance (ESG) disclosures. Securities and Exchange Commission last month charged Vale S.A.,

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Security Commissioning Claims Risk 156

Federal Construction Contracting Blog

MAY 9, 2022

Even worse, if a subcontractor fails to take prompt legal action, it can lose access to one of the most effective ways to recover the amounts due. Instead, the subcontractor must pursue its claims via the Miller Act. However, the right to make such a claim does not last forever.

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Claims Contract Lien Materials 52

Best Practices Construction Law

MARCH 20, 2020

You can download a complimentary copy here: Best Practices – COVID19 and Construction Claims , but please do me a favor and subscribe to the blog on the sidebar to the right. Just enter your email, and you will receive regular updates.

Contractors 124

Contractors Claims Legal Mobility 124

Green Building Law Update

OCTOBER 16, 2016

The roundtable will explore interpretations of organic claims for products that fall outside the scope of the USDA’s National Organic Program (which potentially includes everything from cannabis to shampoo and building materials to dry cleaning, all of which are outside of USDA’s voluntary Program).

Organization 120

Organization Claims Green Products 120

Levelset

JUNE 3, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as both the federal and state governments explicitly prohibit private entities from claiming an interest in public property. Washington State bond claim laws. If payment isn’t received, the next step is the bond claim itself.

Washington 52

Washington Claims Lien Contract 52

Levelset

MAY 11, 2022

Generally, companies aren’t able to file mechanics liens on public projects unlike with private projects, as the federal government — and many states — prohibit private entities from claiming an interest in public property. New York bond claims. Learn more: New York Bond Claim Guide and FAQs. times the amount owed. Matt Viator.

New York 52

New York Claims New York City Lien 52

Construction Marketing Ideas

MARCH 11, 2016

This blog, created by a business that provides expert legal witnesses, needs to be written at the level that you would find value if you were a serious lawyer or litigant in a significant construction dispute. I’m not a lawyer, of course, and wouldn’t think of providing specific legal advice to anyone reading this blog.

Legal 48

Legal Consulting Subcontracting Industrial 48

Green Building Law Update

SEPTEMBER 5, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (. yes, this blog will continue). This post originally appeared in that blog.

Regulation 156

Regulation Risk Sustainability Claims 156

Construction Marketing

JUNE 20, 2022

Going through the legalities of such issues can be complex, so working with a personal injury attorney In Englewood would be a good starting point. . Construction workers can be injured by any material, especially if they fall from a great height. Any falling object, material, or tool can be fatal, especially on construction sites.

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Site Injury Construction Safety 156

Best Practices Construction Law

SEPTEMBER 25, 2020

And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. for breach of contract for nonpayment, claims for delay damages and enforcement of its lien rights. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

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Compensation Lien Claims North Carolina 97

Green Building Law Update

MAY 30, 2021

While the idea of ESG began in 2004 with a United Nations initiative to influence capital in non Western markets, in 2021 the legal and political institutions in the United States and the EU are demanding those ideas be implementing with due haste.

Regulation 156

Regulation Sustainability IDEA United States 156

Green Building Law Update

JANUARY 1, 2017

However, the FTC is clear that “marketers must identify all express and implied claims that the advertisement reasonably conveys” and “ensure that all reasonable interpretations of their claims are truthful.” The website still claims the Sunscreen SPF 30 is “all natural.” 62125 (2012).

Claims 120

Claims California Commissioning Products 120

Best Practices Construction Law

DECEMBER 18, 2019

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

Lien 71

Lien Claims Massachusetts Contract 71

Levelset

SEPTEMBER 16, 2022

Who pays for damages caused by faulty work or materials? It pays for repairs of damages to the surrounding property, as well as legal expenses incurred during a lawsuit. The policy covers damages to property, bodily injury expenses, and legal fees caused by faulty work or installation of a faulty product. Deck collapse.

Insurance 52

Insurance Liability Claims Contractors 52

Green Building Law Update

JUNE 30, 2019

And there does not appear to be a valid legal theory even articulated to pierce the corporate veil and find liability in individual LLC members. The website goes on to claim, “every homeowner can have the home of their dreams without the dread of colossal energy bills.”. The case is Jeremy Simons et ux, et al v.

Maryland 120

Maryland Housing Claims Green 120

Best Practices Construction Law

JULY 2, 2012

joined the legal research playing field with Westlaw, LEXIS, FindLaw and all the other law-related databases. A couple of years ago I worked on a case for a road builder which had a claim against the Tennessee Department of Transportation. Is that the only legal research an inquiring mind should do? Let's to a quick test.

Legal 54

Legal Change Orders Tennessee US 54

Levelset

JUNE 3, 2022

PLI covers actual or liquidated damages arising from the following: Price escalations Subcontractor default Estimate mistakes Delay costs Low productivity Material delivery delays Unforeseen site conditions Bad weather. The insurer starts a claim on their end and assigns a claim professional. On-demand legal help you can afford.

Insurance 52

Insurance Cash Flow Claims Contractors 52

Construction Law

OCTOBER 3, 2023

Legal terms explained Our latest Legal Terms Explained series article from Georgia Di Salle of Herbert Smith Freehills LLP looks at Expert Evidence.

Procurement 52

Procurement Construction Insurance Legal 52

Lets Build

APRIL 21, 2022

From coordinating with clients to organizing contractors to liaising with material providers, projects can quickly spiral out of control with poor organization and planning. Minimized risk of legal claims. Running a large construction business can put you at risk of legal trouble.

Software 148

Software Software Management Construction 148

Levelset

MARCH 31, 2022

As a contractor, you rely on the property owner to pay you for your work and materials. In turn, the owner is relying on the insurance company to pay their claim. Dig deeper: What contractors need to know about the insurance claims process. Contractors shouldn’t be claims negotiators,” Brown says.

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Insurance Deals Contractors Claims 93

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. disruption distinction.

Claims 118

Claims Compensation Contract Contractors 118

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

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation. Setting up an AOB.

Insurance 52

Insurance Contractors Lien Claims 52

NH Construction Law

NOVEMBER 25, 2022

Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” Unjust enrichment is what lawyers refer to as an “equitable” remedy, distinguished from a “legal” remedy (such as for breach of contract). 2018 WL 3237974 (N.H.

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Equity Legal Contract New Hampshire 40

Natural Building

MAY 8, 2022

My daughter and I built this yoga studio mostly with reclaimed materials. It is usually taken from existing structures like old barns or homes in the process of being demolished, but it can also be taken from gym bleachers, wine casks, shipyards, shipping materials, and many other sources.

Certification 52

Certification Materials Sustainability Resource 52

Viewpoint Construction Technology

JUNE 3, 2019

Delayed delivery of construction materials. Lack of information, errors with materials or equipment, missing documentation and much more can bring work to a grinding halt. Technical and Legal and Compliance Issues. Limited human resources. Weather delays. Budgetary issues. The Effect of On-Site Disputes.

Risk 130

Risk Software Software Construction 130

Best Practices Construction Law

MARCH 20, 2018

Dickinson Elks Building, LLC , the court held a contractor was not entitled to recover for labor and materials during a time period when the contractor was unlicensed. The trial court awarded the contractor its claim for damages, and the owner appealed. In Snider Construction v.

North Dakota 75

North Dakota Contractors Lien Claims 75

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

Colorado 52

Colorado Tennessee Claims Contract 52

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

Levelset

MAY 17, 2022

General contractors are the big winners in the construction payment space, as they are more likely to report getting paid on time than many other roles — including subcontractors, material suppliers, rental companies, and restoration contractors. But how well do GCs really fare when it comes to payment speed? The short answer: Much better.

Cash Flow 98

Cash Flow Construction Lien Contractors 98

Levelset

FEBRUARY 18, 2022

Options like materials financing and mobilization financing can help contractors delay some of the early project costs, giving them more ready cash to pay their workers. One solution is material financing. Get materials now, keep your cash. Enjoy 120-day payback terms with any material supplier. Learn More. Learn more.

Minnesota 52

Minnesota Contractors Cash Flow Finance 52

Best Practices Construction Law

FEBRUARY 8, 2017

In Lockheed , the Army awarded two separate indefinite-delivery, indefinite-quantity, time-and-materials (“T&M”) contracts to Lockheed for various support services. The government asserts for the first time in its briefs that there exists an implied contractual duty for a prime contractor to manage its subcontracts. [T]he

Contract 48

Contract Claims Subcontracting Legal 48

NH Construction Law

FEBRUARY 25, 2023

The idea is that the loan disbursements should pay only for properly completed work (or suitably stored materials on site), and the inspector better able than the homeowner/borrower to gauge this. Nor does a negligence claim against the inspector appear promising. That puts the owner/borrower in a pickle. Don’t count on it.

Banking 40

Banking Inspections Construction Lien 40