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Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. The Consolidated Appropriations Act signed on March 23, 2018 included in Division N, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2018’’ (the BUILD Act). 9601 et seq.,

Liability 149
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Is the Best Defense Always a Good Offense?

Construction Dive

It’s an old sports cliché: the best defense is a good offense. The engineering services agreement said that in the event of a dispute, the losing party would pay the winning party’s attorney fees. The engineer sued to collect approximately $50,000 in compensation. million in damages.

Defense 48
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Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. A prospective tenant may now to seek BFPP treatment in the event of a future federal CERCLA cleanup action at the leased property or simply to ensure appropriate environmental stewardship of the property.

Liability 156
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Federal Construction Contractors Are Faced with the Double Whammy of the Pandemic and Price Escalation: What Can Be Done?

Federal Construction Contracting Blog

Delays to projects were frequent, but contractors were told that although they would be granted time extensions, these extensions would be non-compensable. The government recognized the financial impact to individuals who could not work and literally printed money to fund financial stimulus and extended unemployment compensation.

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I Just Read my 1000th Phase I Environmental Site Assessment this Year

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. A prospective tenant may now to seek BFPP treatment in the event of a future federal CERCLA cleanup action at the leased property or simply to ensure appropriate environmental stewardship of the property.

Site 156
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Tenants Order Phase l to Avoid Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. Buried in the Consolidated Appropriations Act last year was Division N, the ‘‘Brownfields Utilization, Investment, and Local Development Act of 2018’’ (the BUILD Act). 9601 et seq.,

Liability 120
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No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Best Practices Construction Law

While the legal issue focused on the County’s right rely on the defense of sovereign immunity, the Contractor’s (and it expert’s) characterization of the damages was critical to the outcome of the case. The contract allowed for “delay damages” if the Contractor’s request for those damages “is determined to be compensable.”.

Claims 118