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. But the risks associated with ESG disclosures are real and should not be underestimated.

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Regulation Claims Risk Legal 156

Green Building Law Update

DECEMBER 3, 2017

The European Union has gone in another direction with the 2016 General Data Protection Regulation , applicable as of May 2018, updating and modernizing the principles enshrined in the 1995 Data Protection Directive which guarantee individual privacy rights in one’s personal data including “the right to be forgotten.” Because the U.S.

Green 120

Green Risk Claims Drafting 120

Lets Build

NOVEMBER 5, 2020

Being able to define the major sources of risk in your projects can eventually pave the way for faster and cheaper delivery without having to compromise quality. That being said, coming up with an effective risk management framework across different projects is possible. How we could define risk in a construction project.

Risk 60

Risk Management Construction Claims 60

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

NOVEMBER 14, 2021

Smaller businesses, without a deep bench of internal ESG expertise need to be particularly cautious of greenwashing in ESG claims. Many find engaging an attorney with sustainability expertise is a good way to mitigate ESG associated risk. This market driver is, of course, before any real ESG regulation in the U.S.”.

Maryland 177

Maryland Regulation Electrical Legal 177

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.

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Insurance Claims Safety Legal 40

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

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. So, where the costs increased due to the unforeseen Ebola outbreak, PSJV bore the risk. In Pernix Serka Joint Venture v.

Claims 52

Claims Contract United States Site 52

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. Few contractors realize, however, the scope of the risk that is allocated under this clause.

Regulation 52

Regulation Contractors New Hampshire OSHA 52

BD+C

MARCH 29, 2024

Rob Atkinson and Chris Forney Office Buildings Headquarters Architects Regulations Energy Efficiency Sustainable Development Sustainable Design and Construction Many companies are striving to achieve climate neutrality , which involves bringing their greenhouse gas (GHG) emissions down to net zero on an annual basis.

Sustainability 111

Sustainability Income Risk Claims 111

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 Update

FEBRUARY 21, 2016

A great deal of attention has be paid in recent days to a 5 year old Securities and Exchange Commission guidance, “Commission Guidance Regarding Disclosure Related to Climate Change,” which seeks to provide transparency to investors on the material risks posed by climate change.

Los Angeles 120

Los Angeles New York Commissioning Regulation 120

Construction Dive

MARCH 12, 2014

Featured in this Week’s Construction Claims Advisor:Contractor Failed to Seek Pre-Bid Clarification of Ambiguous Design DocsLien Bonded Off – Surety Liable for Construction Contract InterestFederal Regulations Address Unbalanced Bidding' After all, it was the project owner that commissioned the design.

Bidding 56

Bidding Design Risk Contractors 56

Construction Dive

SEPTEMBER 3, 2015

Unpaid parties at the bottom of the chain can create a multitude of problems, including mechanic’s liens, payment bond claims and risk of double payment by the contractor. Featured …Prime Had No Duty to Protect Payment Rights of Lower-Tier SubWater Regulations Did Not Apply to Excavation Activities

Contractors 48

Contractors Lien Claims Regulation 48

Construction Marketing

JUNE 20, 2022

Incorrect stacking of materials puts them at risk of toppling over. . Everyone on a building site should closely adhere to safety regulations to ensure safety. . Ways To Minimize Risk For Falling Debris Injuries. Some of the ways to minimize the risk include the following: . Incapable of boosting warning sign visibility.

Site 156

Site Injury Construction Safety 156

Construction Junkie

DECEMBER 10, 2020

Historically, it has been pretty difficult to track who enters a construction site or building and when, which can pose a safety and health risk to your jobsite, especially during a global pandemic. This makes it extremely easy to determine who may have come into contact with that person, helping to reduce the risk of spreading it further.

Site 79

Site Accounting Compensation Union 79

Lets Build

APRIL 21, 2022

Minimized risk of legal claims. Running a large construction business can put you at risk of legal trouble. With a good software program, you’ll be able to quickly and effectively ensure that you comply with all standards and regulations throughout each stage of the construction process, from planning to designing to building.

Software 148

Software Software Management Construction 148

Levelset

NOVEMBER 10, 2022

In this article, we’ll explore the most common jobsite safety risks — and what contractors can do to improve safety for all parties involved. . Common jobsite safety risks. Risks to employees are a top priority for contractors, and threats to health and safety aren’t the only cause for concern.

Safety 52

Safety Site Injury Construction 52

Constructonomics

OCTOBER 3, 2010

Being aware of bonding regulations within the construction industry can help a new contractor keep on track. While insurance policies are written with the understanding that some claims will be made, surety bonds are written to prevent fraud and other potential problems—with the intention of avoiding claims.

Contractors 140

Contractors Regulation Insurance Claims 140

Lets Build

MAY 11, 2022

Even though the owner might state which items qualify as prelims, it’s the contractor’s responsibility to claim the amounts for each of those items—they’re in the best position to estimate preliminary costs. A general allowance for risk. These projects also have environmental responsibilities to comply with relevant regulations.

Contract 144

Contract Construction Site Accounting 144

Safety Services Company

DECEMBER 1, 2020

Per OSHA’s regulation 29 CFR 1904, employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. Experience Modification Rate or EMR is the number used by insurance companies to measure the cost of injuries in the past and the predication of future accidents or risk of a company.

OSHA 62

OSHA Accidents Injury Compensation 62

Green Building Law Update

OCTOBER 10, 2011

The green building community seems to understand that green buildings do present new risks that must be managed and attorneys can help. There were two presentations that I found most interesting: Stephen Del Percio, of Green Real Estate Law Journal , reviewed the Federal Trade Commission's Green Guides, which regulate environmental claims.

Legal 120

Legal San Francisco Green Commissioning 120

Levelset

MARCH 21, 2022

However, if the insurance company doesn’t pay, denies the claim, or adjusts it down, then the property owner is responsible for paying for the restoration work. Each state has its own rules and regulations regarding mechanics liens. By using a subcontractor, you can defer some of your own risk down the payment chain to them.

Cash Flow 98

Cash Flow Insurance Lien Management 98

Pro Builder

MAY 7, 2021

This is true even with expansion fittings, which are 10-20% smaller than the pipe – despite manufacturer claims of being “full flow”. . Risks to Water Quality. In addition, some brands of PEX piping have been shown to leach gasoline components such as MTBE at levels in excess of state water quality regulations in at least 13 states. .

Materials 98

Materials Virginia Certification Claims 98

Construction Test

MAY 1, 2020

A Scottish newsagent is selling test kits for £30 each – and claims he has already sold £750,000 worth to a pharmacy. . Health regulators say they are illegal because there are no approved antibody tests for home-use. . But Mr Anwar refused the claim and said he was ‘untouchable.

Claims 26

Claims Certification Products Regulation 26

Green Building Law Update

MARCH 24, 2019

Green Building Council is being applauded for the release last week of the new pilot credit intended “to reduce the risk that illegally sourced, harvested or traded wood products are used in building.”. Samples of wood products or components that originate in countries with elevated risk of illegal logging and/or trade.

Design 120

Design Products Certification Legal 120

Green Building Law Update

SEPTEMBER 7, 2020

There is no question the Court had the authority to make this change when Maryland Constitution provides, the Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and in the other courts of this State, which shall have the force of law.”.

Maryland 156

Maryland United States District of Columbia Baltimore 156

Best Practices Construction Law

JUNE 15, 2016

Department of Labor issued new overtime regulations , which no doubt will affect your workforce. When you deal with construction claims, many believe that the largest component of any request for additional compensation is generally labor costs. But it remains a real problem in some areas.

Products 48

Products Compensation Claims Schedule 48

Pro Builder

SEPTEMBER 28, 2020

As a result of a reduced workforce, there is an increased risk that construction workers will be tasked with completing projects without the necessary support, with high potential for injury. Implementing New Health and Safety Regulations. The solution is for managers to implement new health and safety regulations for their teams.

Safety 105

Safety Schedule Site Management 105

GCP Applied Technologies

SEPTEMBER 21, 2018

Your expert should be well versed in how to comply with the latest regulations. For example, LLPDE, PVC, and EPDM are at particular risk of oxidation, while CSPE suffers from dehydrochlorination. The manufacturer should be able to connect you with an independent laboratory that can certify their claims are valid.

Site 104

Site Concrete Products Materials 104

Safety Services Company

OCTOBER 22, 2012

Late last week the United Farm Workers of America filed a lawsuit against the California Division of Occupational Safety and Health (Cal/OSHA) claiming the safety regulation group failed in its duty to enforce regulations protecting outdoor workers.

OSHA 49

OSHA Inspections Los Angeles Safety 49

Construction Test

MAY 10, 2020

Rutgers University researchers have received US government clearance for the first saliva test to help diagnose COVID-19, a new approach that could help expand testing options and reduce risks of infection for health care workers. And many institutions are struggling with shortages of basic medical supplies, including gloves, masks and swabs.

Utah 26

Utah US Claims Risk 26

Green Building Law Update

AUGUST 30, 2020

Eighteen years ago, in 2002, as part of the Small Business Liability Relief and Brownfields Revitalization Act, the BFPP definition was amended to include the parenthetical phrase “(or a tenant of a person)” in the description of who can claim the BFPP defense, but there was no other direction on the treatment of tenants.

Site 156

Site Liability Leases Defense 156

Pro Builder

AUGUST 5, 2022

Cannabis and the Jobsite: Keeping Your Risk to a Minimum. There’s a gap in the management of risk and safety in construction,” he says. Selective Insurance recently released the results of a 10-year study of workplace injury trends , based on 110,000 workers’ compensation claims between 2011 and 2021.

Safety 72

Safety Resource Injury Construction 72

Building Information Management

FEBRUARY 6, 2016

Lack of shared Risk/Reward – shifting responsibilities, and shifting levels of financial risk, which in turn often leads to adversarial relationships, disputes, and claims. Segmented, linear, and non-integrated processes: planning, financing, design, engineering, procurement, construction, operations, and maintenance.

Construction 40

Construction Environment Claims Sewer 40

Green Building Law Update

APRIL 28, 2019

Maryland has been described as having more pages of environmental statutes and regulations on a per capita basis than any other state. The Maryland Department of the Environment (MDE) may adopt regulations to implement the bills. The Governor has until May 28, the 30th day after presentment to sign or veto bills. Forest Cover.

Maryland 120

Maryland Permits Sewer Housing 120

Natural Building

AUGUST 30, 2020

“The positive side is that most of the work needs to be done on the ground, so the masons stand less risk of working on high ladders,” Laurent says. It helps regulate the humidity indoors. We would not claim to be paragons of sustainability, but what we are trying to do is to value our environmental resources as much as possible.

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Housing Concrete Sustainability Materials 98