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COVID-19 Liability for Building Owners

Green Building Law Update

Over time coronavirus pandemic exposure claims may result in a new emergent subset of premises liability case law and in a number of jurisdictions new statutes are already limiting liability, but in most instances it is presumed the longstanding body of premises liability law will control.

Liability 293
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COVID 19 Commercial Building Liability

Green Building Law Update

Over time coronavirus pandemic exposure claims may result in a new emergent subset of premises liability law, but in most instances it is presumed that body of existing law will control. Moreover, an invitee cannot maintain a negligence suit merely from a showing that an injury was sustained in the defendant’s building.

Liability 177
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Builder’s Risk vs. General Liability for Contractors: What’s the Difference?

Levelset

Two of the most common insurance policies that contractors have are builder’s risk and general liability, which serve very different purposes. Builder’s Risk Insurance General Liability Insurance Coverage Covers a building under construction—and often tools, equipment, and materials related to the project.

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Pollution Legal Liability Insurance More Valuable as a Result of High Court Ruling

Green Building Law Update

Insurance companies cannot recover environmental cleanup costs paid to their insured under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund, from another Potentially Responsible Party ( unless their insured had first pursued a separate claim to recover the cleanup costs from that PRP).

Insurance 120
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Updated Phase l Environmental Site Assessment is Published But.

Green Building Law Update

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law, something that is expected to happen by rulemaking at some point in 2022. Liability from old dry cleaners in retail sites that are beyond the boundaries of the “subject property” (.

Site 156
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From Love Canal to a New Option for a Phase I Environmental Site Assessment

Green Building Law Update

EPA’s direct final rule allowing the use of the new ASTM E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” to satisfy the requirements for conducting “all appropriate inquiries” to qualify for liability protections. The EPA rule is at [link].

Site 120
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Flummox: EPA Withdraws New Phase I Environmental Site Assessment Rule

Green Building Law Update

EPA has withdrawn the new ASTM E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” as satisfying the requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation, and Liability Act. the Superfund law).

Site 120