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.,

Security 156

Security Commissioning Claims Risk 156

Construction Law

DECEMBER 5, 2023

Legal terms explained In our latest legal terms explained article Sienna Kim of Herbert Smith Freehills LLP looks at the often thorny issue of retentions. The programme, called CRUX, is based on expert diagnosis of claims and disputes. Claims Building a case by extrapolation – should failure be the default?

Construction 52

Construction Insurance Claims Procurement 52

Green Building Law Update

DECEMBER 5, 2021

I am excited to be presenting a fast paced and fun one hour virtual program, “ESG an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Supreme Court squarely rejected Mississippi’s claim that Tennessee’s wells are stealing Mississippi’s ground water.

Mississippi 156

Mississippi New York New York City Memphis 156

Green Building Law Update

NOVEMBER 14, 2021

I am excited to be presenting a fast paced and fun one hour virtual program, “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. yes, this blog will continue).

Maryland 177

Maryland Regulation Electrical Legal 177

NH Construction Law

JULY 21, 2019

How many bites at the apple is a litigant given to prove his claim? This principle finds expression in a legal doctrine called res judicata , also known as claim preclusion, which “prevents parties from relitigating matters actually litigated and matters that could have been litigated in the first action.”

Claims 40

Claims New Hampshire Insurance Employment 40

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

MAY 1, 2012

You’ll get answers to your pressing questions about electronic evidence on a construction project, including the legal issues surrounding social media. This course will explore: Why are proper records so essential for claims and disputes? You will rarely find me advertising on this blog. What is the hearsay rule?

Documentation 48

Documentation Legal Honolulu AGC 48

Green Building Law Update

FEBRUARY 6, 2022

making a claim that a company’s building is constructed with bird collision deterrence features, as evidenced by compliance with that particular LEED credit, but not the entire LEED rating system). Nancy Hudes and I are now publishing a blog www.ESGLegalSolutions.com (. yes, this blog will continue).

Commercial 156

Commercial California Green Organization 156

Levelset

JULY 21, 2022

Well, every state sets its own rules for contractor licensing, and contractors often must purchase a surety bond in order to legally practice their trade. In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts. Note: These scenarios don’t always lead to a claim.

Contractors 52

Contractors Claims Oregon Residential 52

Construction Law

AUGUST 1, 2022

Billion legal claim against KPMG, which says it will defend this action. Some former Carillion directors could be banned from running UK companies if yet another legal action succeeds. More trouble might be in store for some of them as a separate investigation into the quality of the auditing of Carillion is underway.

Regulation 52

Regulation Inspections Accounting Legal 52

FDR Safety

MARCH 19, 2020

Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights. For that reason, employer representatives are generally not entitled to be present for non-supervisory interviews.

OSHA 156

OSHA Inspections Conference Employment 156

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

Levelset

OCTOBER 13, 2022

If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. A COI may include a waiver of subrogation endorsement that basically asks your insurance company to pay an insurance claim, while giving up the ability to recover (or subrogate) damages from the party that actually caused the problem.

Insurance 52

Insurance Certification Contractors Liability 52

Levelset

NOVEMBER 10, 2022

Caught-in or between : Injuries or fatalities could occur when loose clothing gets caught in belts or pulleys while heavy equipment and foundation walls present two immovable objects that can crush or suffocate an employee. Struck-by : Building materials being unloaded overhead by cranes or booms frequently result in struck-by incidents.

Safety 52

Safety Site Injury Construction 52

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. According to one study, there are presently more than 5,300 pandemic-related filings in the United States.

Claims 40

Claims Insurance Bankruptcy Legal 40

Levelset

SEPTEMBER 20, 2022

Liability insurance will help cover expenses for damage to someone else’s property and/or legal costs if another party decides to file a lawsuit. If you currently have HVAC insurance, the carrier may also ask for a claims history related to your account. Insurance Policies HVAC contractors need.

Insurance 52

Insurance Contractors Liability Accidents 52

Construction Marketing Ideas

FEBRUARY 22, 2015

The Nebraska-based lawyer, of course, writes about legal issues with a focus on Nebraska rules — but he has designed the blog/message so that it is relevant to readers far away from the state where he works. If the owner is reasonable, it is important to make best efforts at a fair settlement of a claim before filing a lawsuit.

Contract 48

Contract Construction Claims Legal 48

Best Practices Construction Law

MAY 31, 2016

Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. 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. This is a must read! In County of Galveston v.

Claims 48

Claims Compensation Contract Contractors 48

Constructlaw

JULY 8, 2020

Further, Level 10 claimed that nothing in the contract conditioned payment to Level 10 upon “Sea World San Diego’s theme park being open for business to the public.”. The information above is for informational purposes only and is not intended to serve as providing legal advice.

San Diego 52

San Diego Contract Construction Legal 52

Green Building Law Update

DECEMBER 12, 2021

I am excited to be presenting a one hour virtual program, “ESG an Emergent and Fast Growing Area of the Law” Not just for lawyers, this Tuesday, December 14 at noon. Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. Register today for the live virtual program.

Risk 156

Risk Claims Legal Agreement 156

Construction Law Monitor

DECEMBER 17, 2012

He enjoys writing and sharing his insights on various legal blogs. Conventional wisdom claims that safety testing and workplace regulations, such as those imposed represent a job-killing financial drain on businesses. percent in injury claims. This guest post was contributed by Joseph A. Reduced Employer Liability.

OSHA 59

OSHA Liability Employment Inspections 59

Help Everybody Everyday

MARCH 6, 2009

Principals of both Subcontractors and Suppliers should review this checklist when reviewing contracts presented to them by “upstream” companies on the project. For example a Subcontractor should look out for these red flags when reviewing a contract presented by the owner of the project or its representative. Deal Breakers.

Contract 48

Contract Claims Legal Lien 48

Constructlaw

SEPTEMBER 29, 2020

The Third Circuit concluded that the district court retained the authority to decide whether an enforceable arbitration agreement existed because the plaintiff satisfied the standard required to plead a claim for fraud in the execution that challenged the validity of the entire written agreement.

Agreement 52

Agreement Bargains New Jersey Contract 52

Best Practices Construction Law

JUNE 30, 2015

The major revisions include: A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out). Under the revised Rule 10, “…the parties shall mediator their dispute” where the claim or counterclaim exceeds $100,000.

Documentation 48

Documentation Claims Construction Permits 48

Autodesk Construction Cloud

DECEMBER 18, 2021

And that 10% loss doesn’t even factor in the costs associated with claims that can come from prolonged payment disputes. The first step is to track every part of the project to streamline reviewing legal terms and change orders, for example. Review legal requirements and ensure that all terms have been met.

Change Orders 52

Change Orders Documentation Equipment Risk 52

Revit OpEd

DECEMBER 22, 2017

Repeal of certain miscellaneous itemized deductions subject to the 2% floor: Under current law, employees may claim itemized deductions for certain miscellaneous expenses. The Tax Bill suspends all miscellaneous itemized deductions that are subject to the 2% floor under present law. Work-related education.

Employment 85

Employment Compensation Agreement Income 85

Constructlaw

NOVEMBER 24, 2020

During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars.

Construction 40

Construction Contract Modeling Cash Flow 40

Best Practices Construction Law

MARCH 17, 2021

The appellate court held that all essential terms of an express contract were present in the contractor’s proposal, despite the fact that there was not a time of performance. The owner’s subsequent payment of the initial deposit and the contractor’s immediate commencement of work evidenced the formation of a contract.

Contract 62

Contract South Dakota Documentation Construction 62

Constructlaw

JUNE 30, 2021

This presents a particular concern for the construction industry given the significant percentage of workers who have expressed some hesitation to the vaccine and because the work cannot be performed remotely. The information above is for informational purposes only and is not intended to serve as providing legal advice.

Site 52

Site Pennsylvania Employment California 52

Construction Law Monitor

DECEMBER 9, 2013

The disputes I usually handle are construction, collections, insurance claims, contracts and leases. The number one measuring stick and overall way the legal industry measures mediation success is whether the case settles, due to the mediation. Normally, it all depends on the parties frame of mind. What Is A Successful Mediation?

Deals 68

Deals Leases Insurance Legal 68

Construction Test

MAY 7, 2020

The majority of the squad are yet to agree terms and have also rejected furlough proposals after seeking legal and financial advice. Like many employers at present, the club may be seeking to rely on your implied consent to the pay cut if they are unable to get your express agreement.

Employment 26

Employment Negotiation Agreement Legal 26

Pro Builder

JUNE 17, 2020

In the episode, I tell the story of how this particular person would skip 90% of the classes, come to the studio for a week and just crank out an amazing presentation – one that all the jurors would see and just think “This guy is next level!” … but his projects never worked. .

Drawings 52

Drawings Architecture Design Modeling 52

Construction Dive

DECEMBER 26, 2012

In the meantime, here are a few brief notes of interest from each of the five areas that CPW covers: Construction Claims Advisor (CCA) -- Which weekly CCA commentary drew the most reaction from CPW/Construction Advisor Today (CAT) readers in 2012? Michigan is the 24th state to approve legislation of this sort.

Michigan 48

Michigan ASPE Bidding Union 48

Construction Cost Estimating

APRIL 6, 2015

Despite of the dispute mechanism in work, and whether appearing as a fact or expert witness, civil engineers must have the aptitude to present their position entirely and influentially. The scouting motto of "be prepared" is pretty an apt for civil engineers allowing an examination in a legal proceeding.

Engineering 40

Engineering Guidelines Documentation Permits 40

Safety Services Company

DECEMBER 10, 2012

We have all seen the stories, company’s conned out of thousands of dollars by crooks claiming to be affiliated with OSHA. As a business owner or manager, you have the legal right to call the local OSHA office to confirm the identity of the person. Cons these individuals run include fake inspections, fraudulent training and more.

OSHA 61

OSHA Inspections Employment Office 61

Levelset

MAY 25, 2022

Contractors on public projects aren’t allowed to file mechanics liens when payment problems arise, as the federal government (and most states) explicitly prohibits private entities from claiming an interest in public property. If payment problems come up, contractors file claims against this payment bond — not the property itself.

California 52

California Claims Lien Contractors 52

Construction Law Monitor

DECEMBER 9, 2013

The disputes I usually handle are construction, collections, insurance claims, contracts and leases. The number one measuring stick and overall way the legal industry measures mediation success is whether the case settles, due to the mediation. Normally, it all depends on the parties frame of mind. What Is A Successful Mediation?

Deals 40

Deals Leases Insurance Legal 40