Construction Law

DECEMBER 1, 2023

The Building Safety Regulator’s (BSR) first strategic plan - a requirement of the Building Safety Act 2022 - has been published, claiming that its impact on high rise building design can already be seen. To read more of this and every other news story on this site, please log in with your Construction Law membership account details.

Safety 52

Safety Regulation Plans Accounting 52

Best Practices Construction Law

MARCH 10, 2020

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment. In Appeal of Matcon Diamond, Inc. 59637 (Feb.

Claims 62

Claims Compensation Overhead Defense 62

Construction Law

AUGUST 1, 2022

It could have been worse, as KPMG was given a ‘discount’ of some £6 Million for cooperating with the regulator’s inquiry. The false information was supplied to the regulator when it was carrying out an audit quality review (AQR) on KPMG’s 2016 audit of Carillion and an audit in 2014 of Regenersis, an IT outsourcer.

Regulation 52

Regulation Inspections Accounting Legal 52

Construction Business Owner

MAY 15, 2018

In addition to lawsuits filed by private citizens, claims filed by federal, state and city regulators are causing more businesses to purchase Employment Practices Liability Insurance (EPLI). The United States Equal Employment Opportunity Commission received 84,254 discriminatory employment practices complaints last year.

Liability 209

Liability Insurance Employment United States 209

Green Building Law Update

NOVEMBER 15, 2020

And these questions are not unfounded because as of November 1, 2020, legal industry databases of state and federal litigation are tracking more than 6,100 cases involving Covid-19 claims. All of this begs the question if a business owner’s premises liability insurance covers such claims? With Covid-19 spreading across the U.S.

Liability 293

Liability Legal Claims Insurance 293

Green Building Law Update

DECEMBER 19, 2021

Sidestepping for a moment those companies that set out to intentionally deceive other about their ESG bonafides, from time to time, what companies think their ESG claims mean and what others really understand are two different things. And while today it has a broader definition including not only environmental claims but also matters of ESG.

Claims 156

Claims Sustainability Legal Risk 156

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

Green Building Law Update

MAY 30, 2021

A key component of our work is to provide counsel and advice in avoiding claims of greenwashing, or misleading communications, real or perceived, by business in their ESG disclosures. In 2021, EU based regulators began to fill the ESG disclosure void, but with the change in political climate in the U.S., If each country (.

Regulation 156

Regulation Sustainability IDEA United States 156

Green Building Law Update

JANUARY 24, 2021

In an initial move, the only Department of Labor regulation listed for review by the Biden Administration is the so called ESG Rule published in the Federal Register on November 13, greatly limiting the use of ESG information in certain retirement plans. And with ESG disclosure regulation in the U.S. Recent U.S.

Regulation 156

Regulation Claims Risk Legal 156

Construction Dive

APRIL 23, 2014

By Bruce Jervis Construction contracts frequently contain a “notice of claim” requirement. One might assume a prudent contractor would be quick to give formal notice of claim, even in borderline situations, in order to preserve the contractor’s rights. Claim notices seem unduly adversarial, even unsavory.

Claims 58

Claims Compensation Contract Regulation 58

Green Building Law Update

NOVEMBER 14, 2021

Smaller businesses, without a deep bench of internal ESG expertise need to be particularly cautious of greenwashing in ESG claims. This market driver is, of course, before any real ESG regulation in the U.S.”. And regulation is already here that impacts some small businesses. And there will be other opportunistic industries.

Maryland 177

Maryland Regulation Electrical Legal 177

Green Building Law Update

FEBRUARY 14, 2021

Good for the agency, but disappointing for our society, in FY 2020 among the agency’s priority cases were an onslaught of violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by persons hoping to cash in on the fear of the coronavirus by making fraudulent claims that their products or devices kill that virus.

Claims 207

Claims Regulation Environment Products 207

Construction Dive

JANUARY 14, 2015

But False Claims Act settlements were up. So were the number of new regulations, the number of GAO bid protests, and the number of claims at the ASBCA.” ” Read more.'

Claims 48

Claims Contract Bidding Regulation 48

Lets Build

JANUARY 18, 2022

Zoning relates to government regulations that guide what can and cannot be built on any property. From that, you can find out the regulations for that specific zoning classification. Zoning laws will regulate construction details in specific locations. What is zoning. Why zoning matters to construction.

Zoning 158

Zoning Plans Construction Regulation 158

Constructlaw

JULY 6, 2020

Department of State , 1 the Board rejected a contractor’s claim for additional costs related to demobilization and remobilization of the job site in Freetown, Sierra Leone, due to an Ebola virus outbreak. In Pernix Serka Joint Venture v. 2 The contract included all necessary labor, materials, equipment, and services.

Claims 52

Claims Contract United States Site 52

Green Building Law Update

APRIL 19, 2020

Prior to the just concluded session of the Maryland legislature, the State’s laws and regulations were silent with regard to PFAS chemicals including PFOA. At worst, Maryland could have been criticized along with the Federal government and other states, for failing to regulate PFAS as a hazardous substance.

Maryland 177

Maryland Permits South Carolina Baltimore 177

Green Building Law Blog

AUGUST 4, 2014

It was inevitable that EPA's Clean Power Plan, regulating carbon emissions from existing power plants was going to generate law suits. Circuit Court of Appeals to stop the EPA from enacting the Clean Power Plan regulation. In essence, Murray is claiming that EPA and the states cannot double regulate power plants.

Regulation 45

Regulation West Virginia South Carolina Wyoming 45

Green Building Law Update

JANUARY 26, 2020

But that progressive political position fails to acknowledge that this is a highly regulated space by both the federal and state governments in a Faustian public policy attempting to take into account both energy industry and environmental interests. They still can do so under this order.”.

Commissioning 156

Commissioning Risk Maryland District of Columbia 156

Construction Dive

JANUARY 29, 2014

It requires contractors, at no additional expense to the government, to comply with any federal, state, or municipal law, code, or regulation applicable to the performance of the work. By Bruce Jervis The “Permits and Responsibilities” clause is found in every federal construction contract.

Regulation 51

Regulation Contractors New Hampshire OSHA 51

Construction Law

MARCH 1, 2024

News Our regular news round up includes a call from insurance companies for pilot projects to find investment models for green infrastructure; failure of another legal challenge to the Stonehenge project; and a warning that the new Building Safety Regulator is looking for a high profile prosecution to make a point.

Insurance 40

Insurance Claims Safety Legal 40

BD+C

MAY 15, 2014

Regulations Codes and Standards' The increase in injuries stems from mistakes such as falls from heights due to forgetting to tie off and tripping over items that could have been easily moved—things that experienced workers tend to avoid, Cauti says. The first six months of employment are the most risky for new tradespeople.

Claims 79

Claims Injury Regulation Construction 79

Construction Dive

OCTOBER 14, 2012

Dead men tell no tales, but apparently they represent a growing impetus for differing-site-condition (DSC) claims in construction. DSC claims involving archeological and protected burial sites have become “somewhat more popular,” Marilyn Klinger, who heads up the Construction Practices Group for Sedgwick Llp.’s

Claims 48

Claims Los Angeles Site Regulation 48

Levelset

JULY 21, 2022

A contractor license bond , more simply known as a contractor bond, is a type of surety bond that guarantees a contractor will operate ethically and comply with local regulations and building codes. In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts.

Contractors 52

Contractors Claims Oregon Residential 52

Green Building Law Blog

AUGUST 4, 2014

It was inevitable that EPA''s Clean Power Plan, regulating carbon emissions from existing power plants was going to generate law suits. Circuit Court of Appeals to stop the EPA from enacting the Clean Power Plan regulation. In essence, Murray is claiming that EPA and the states cannot double regulate power plants.

Regulation 40

Regulation West Virginia South Carolina Plans 40

Best Practices Construction Law

AUGUST 24, 2012

Scott writes the Construction Lien Blog , which analyzes construction lien laws and regulations across the nation. Through the years of consulting with folks in the construction industry about mechanics lien and bond claims, I’ve unearthed a set of principles to help navigate the very complicated world of liens.

Lien 48

Lien Claims Debt Florida 48

Green Building Law Update

SEPTEMBER 12, 2021

And today environmental groups are alleging greenwashing and intentional misrepresentation, including claims in contravention of the Federal Trade Commission Green Guides, targeting companies making ESG assertions. And as the SEC seeks to articulate the ESG space with new regulations s, there is not even unanimity among Commission members.

Legal 156

Legal Risk Green Claims 156

Construction Equipment

JANUARY 15, 2019

Fiat Chrysler has agreed to pay nearly $800 million to settle claims that it cheated on diesel emissions tests. regulators and private class-action lawsuits regarding the allegations. The company said it reached a final settlement with both U.S. According to CNet, the first $400 million will cover…

Claims 58

Claims Regulation 58

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

Levelset

MAY 16, 2022

The federal government — along with many states — prohibits private entities from claiming an interest in public property. If there’s a problem with slow payment or nonpayment, contractors file payment claims against the bond rather than foreclosing on public property. Florida bond claims. How to file a bond claim in Florida.

Florida 52

Florida Claims Lien Contract 52

Levelset

JUNE 16, 2022

In the event of a payment dispute, contractors file claims against the payment bond instead of against the property itself. New Jersey bond claim laws & liens on contract funds. Ensuring rights on these claims requires preliminary notice to be sent. The same information applies to lien on contract funds claims.

New Jersey 52

New Jersey Lien Claims Contract 52

Green Building Law Update

APRIL 7, 2020

Maryland has been described as having more pages of environmental statutes and regulations on a per capita basis than any other state. HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA. Nor does it in any other way prohibit or even regulate PFAS chemicals.

Maryland 156

Maryland Commissioning Regulation Environment 156

Green Building Law Update

APRIL 7, 2020

Maryland has been described as having more pages of environmental statutes and regulations on a per capita basis than any other state. HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA. Nor does it in any other way prohibit or even regulate PFAS chemicals.

Maryland 156

Maryland Commissioning Regulation Environment 156

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

Levelset

JULY 9, 2022

In the event of a payment dispute, contractors file claims against the payment bond instead of against the property itself. Georgia bond claim laws. If the Notice to Contractor isn’t properly sent, then the applicable party loses bond claim rights. Working nearby? Check out How to Get Paid on Florida Public Projects.

Georgia 52

Georgia Claims Lien Contract 52

Pro Builder

OCTOBER 1, 2021

The judge agreed with NAHB’s position that the plain language of the statute creating the PPP prevented SBA from applying eligibility regulations that sought to exclude NAHB members. Court Rules PPP Loans to Builders Can Be Forgiven. Fri, 10/01/2021 - 10:35. The victory in this case accomplishes two main goals.

NAHB 52

NAHB Michigan Regulation Resource 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

DECEMBER 5, 2021

In the Old Testament when Isaac attempts to dig anew his father’s wells the shepherds of the wadi Gerar, claim, “the water is ours” forcing the patriarch to move on to dig a well elsewhere. Supreme Court squarely rejected Mississippi’s claim that Tennessee’s wells are stealing Mississippi’s ground water. Just last week a unanimous U.S.

Mississippi 156

Mississippi New York New York City Memphis 156