Green Building Law Update

FEBRUARY 7, 2021

Ignorance is not a defense. There is no morally defensible reason for not doing everything in our power to end modern slavery and human trafficing. Yet today there are more than 40 million people in modern slavery worldwide. Modern slavery exists in every industry, in every country in the world.

Equity 257

Equity Sustainability Defense Green 257

NH Construction Law

OCTOBER 22, 2023

Can the recipient of the notice – in legal parlance, an “account debtor” – ignore the lender’s demand and continue to pay his contractor or subcontractor? Not unless he is prepared to pay twice! Any subsequent square-up was between lender and borrower, and not the account debtor’s concern.

Security 40

Security Contract Accounting Construction 40

Construction Lawyer

APRIL 16, 2009

His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. A Legally Inclined Weblog. >. Weil-McLain (Docket No.

Defense 40

Defense Illinois AIA Chicago 40

Green Building Law Update

FEBRUARY 28, 2012

Back in December 2011, GBLU reported on legislation that banned the Department of Defense from pursuing LEED Gold or Platinum certification. After giving a green building legal presentation at the American Society of Military Engineers in Fort Leonard Wood last month, I had a chance to talk to contractors about the LEED ban.

Defense 159

Defense Certification Legal Bidding 159

Levelset

SEPTEMBER 8, 2022

It can pay for medical costs and legal fees. This coverage protects businesses from third-party lawsuits and pays legal fees for the defense of allegations of slander or libel. For example, if an engineer makes a mistake in designing a wall, and the wall collapses, this coverage will help pay for the legal defense of the claim.

Liability 52

Liability Insurance Claims Legal 52

Job Order Contracting

FEBRUARY 6, 2019

Benefits to Facilities Managers Maximize use of limited funds and efficiency of current staffing Effectively reduce deferred maintenance Access construction services without traditional procurement delays Develop collaborative relationships with procurement team and contractors Leverage defensible cost information Eliminate inadequate/inaccurate project (..)

Procurement 100

Procurement Renovating Change Orders Overhead 100

Levelset

SEPTEMBER 14, 2022

Medical expenses, property damage, and legal defense costs can grow quickly. An uninsured business would likely not have the financial resources to pay a large legal settlement. It’s worth exploring when you consider how quickly legal, medical, and property damage expenses can mount— separately or in total. .

Insurance 98

Insurance Liability Claims Injury 98

NH Construction Law

JANUARY 30, 2022

”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed. Withholding consent to a partial settlement solely to keep the insurer on the hook for defense costs might well be deemed unreasonable. City of Keene , 898 F.2d 2d 265, 269 (1st Cir. But settling them is.

Insurance 40

Insurance Liability Defense New Hampshire 40

Safety Services Company

SEPTEMBER 23, 2014

In legal terms you have “negating defenses” and “affirmative defenses” to argue any possible citations. The negating defense is simply arguing that that an allegation wasn’t a violation or it didn’t happen. In a criminal case, “self-defense” is an affirmative defense. Are employees trained in it?

Inspections 48

Inspections Safety Defense Documentation 48

Green Building Law Update

NOVEMBER 5, 2017

Legal scholars can have at it. However, the Department of Defense Appropriation Act precludes expenditure of funds on contracts in excess of $1 Million that require subcontractors and employees to consent to arbitration. And such is a big deal in this consideration when the Department of Defense is the largest owner of green buildings.

Green 120

Green Contract Documentation Claims 120

Green Building Law Update

NOVEMBER 21, 2021

Major Holdings, LLC , held a party could not assert a CERCLA defense because its Phase l report did not comply with the EPA rule. Just weeks ago the federal appeals court in Von Duprin LLC v. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (. yes, this blog will continue).

Site 156

Site Liability United States Green 156

Green Building Law Update

MARCH 27, 2016

In defense of the defamation claim, Greenpeace also pleaded that Greenpeace had a “social and moral duty to investigate the forest practices of Resolute Forest Products, and to prepare and publish the [allegedly defamatory] Publications.”. None of these allegations related to the Canadian boreal forest.

Claims 185

Claims Defense Organization Products 185

Green Building Law Update

OCTOBER 21, 2018

In a conspicuous example, language in the Defense Authorization Act for Fiscal Year 2019 for the first time requires the Department of Defense, the largest owner of buildings in North America to respond to sea level rise and flooding by constructing new mission critical buildings 3 feet above the base flood 100 year elevation.

Guidelines 168

Guidelines Certification Green Defense 168

Job Order Contracting

JULY 10, 2017

Virtual elimination of legal disputes. An open book JOC is NOT a JOC by definition as costs are derived from subcontractors in a typical design-bid-build fashion and are not fully visible, defensible and transparent. Long term, mutually beneficial relationships among contractors and real property owners / facilities management.

Renovating 100

Renovating Construction Procurement Change Orders 100

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. Unlike non-supervisory employees, the statements and admissions of a supervisor may legally bind the company.

OSHA 156

OSHA Inspections Conference Employment 156

Green Building Law Update

OCTOBER 21, 2018

In a conspicuous example, language in the Defense Authorization Act for Fiscal Year 2019 for the first time requires the Department of Defense, the largest owner of buildings in North America to respond to sea level rise and flooding by constructing new mission critical buildings 3 feet above the base flood 100 year elevation.

Guidelines 180

Guidelines Certification Green Drafting 180

Job Order Contracting

MAY 19, 2017

The OpenCost TM Approach provides the following features, benefits, and core defensible elements: Consistent and localized labor cost by trade. Major reductions in errors, omissions, change orders, and legal disputes. All data is organized by the Construction Specifications Institute MasterFormat. Crews reviewed and updated.

Estimating 100

Estimating Construction Life Cycle CSI 100

Construction Marketing Ideas

FEBRUARY 6, 2015

The Cobb Law Group ‘s blog: Georgia Construction, Bond and Lien Law Blog , has been a finalist in previous Best Construction Blog competitions , and continues to provide a combination of solid legal advice and more general commentary, some of which is more lighthearted than the blog’s necessarily serious primary topic.

Construction 48

Construction Defense Legal Claims 48

Best Practices Construction Law

MARCH 10, 2020

The Government’s final payment defense is an affirmative defense on which the Government bears the burden of proof. 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.

Claims 62

Claims Compensation Overhead Defense 62

Green Building Law Update

AUGUST 21, 2016

The root of this Proposal was an October 16, 2014 rulemaking petition filed with the Air Resources Board by the nonprofit Animal Legal Defense Fund seeking to have the State regulate greenhouse gas emissions from animal agriculture. This is not even a save the planet by eating less meat initiative.

California 120

California Los Angeles Resource Organization 120

Constructlaw

AUGUST 3, 2023

17] The court explained that its prior precedent erroneously “equated the defenses to recognition and enforcement with the grounds for vacatur” [18] and that this was “plainly and palpably wrong.” [19] 3d at 1446 (“[T]he Convention’s enumeration of defenses is exclusive.”). [13] 11] See, e.g. , Ario , 618 F.3d 3d at 292; Yusuf , 126 F.3d

AIC 52

AIC New York Defense Agreement 52

Best Practices Construction Law

JUNE 21, 2016

Like every legal question, the answer is: It depends! When you are required to strictly comply with a particular provision or legal requirement, then any departure from that requirement (no matter how insubstantial) can void the claim or provide an absolute defense. Strict or substantial compliance.

Claims 82

Claims Contract Legal New York 82

Job Order Contracting

FEBRUARY 14, 2017

A JOC Contract is the legal, multi-party procurement and construction delivery document that specifies roles, responsibilities, workflows, deliverables, time frames, and expenditure limits for renovation, repair, and minor new construction projects. .

Contract 100

Contract Procurement Renovating Life Cycle 100

Green Building Law Update

MARCH 27, 2016

In defense of the defamation claim, Greenpeace also pleaded that Greenpeace had a “social and moral duty to investigate the forest practices of Resolute Forest Products, and to prepare and publish the [allegedly defamatory] Publications.”. None of these allegations related to the Canadian boreal forest.

Claims 120

Claims Defense Organization Products 120

Construction and Infrastructure Law

JANUARY 9, 2020

An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. Taking the time to carefully review the indemnification provision in each contract with your business and legal team will help to ensure consistency and enforceability. What exactly will be covered?

Liability 90

Liability Agreement Drafting Insurance 90

Job Order Contracting

AUGUST 21, 2018

General Services Administration (GSA), Department of Defense (DOD), and National 19 Aeronautics and Space Administration (NASA). General Services Administration (GSA), US Department of Defense (DOD), and National 35 Aeronautics and Space Administration (NASA). Office of the Assistance Secretary of Defense. 30, 2001, p.

Contract 100

Contract Renovating Sustainability United States 100

Best Practices Construction Law

SEPTEMBER 24, 2020

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.

Claims 118

Claims Compensation Contract Contractors 118

Best Practices Construction Law

NOVEMBER 21, 2019

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. It is worth the effort to seek legal advice from an attorney in your jurisdiction about these issues prior to drafting and executing contracts with other parties.

Contract 77

Contract Subcontracting Drafting Virginia 77

Green Building Law Update

OCTOBER 9, 2016

GBCI also announced it will begin working together with the Environmental Defense Fund to develop, deliver and promote the Investor Confidence Project as the premier global underwriting standard for energy efficiency projects. The zero waste principles will be aligned with GBCI’s certifications and arc.

Green 120

Green Los Angeles Certification Organization 120

Best Practices Construction Law

MAY 12, 2014

In its simplest terms, a statute of limitation is a time limit for bringing a lawsuit ( i.e. , you may have six years to file suit on a breach of contract dispute), whereas a statute of repose is the “drop-dead” date where the legal no longer exists. by the statutes of limitations or repose.

Claims 54

Claims Connecticut Legal Construction 54

Levelset

MAY 16, 2022

On-demand legal help you can afford. Legal Guard puts a team of construction attorneys in your corner, on call for contract review or legal advice when you need it. Visit the PA Home Improvement Contractor Registration website for more details. Learn more.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Levelset

MAY 20, 2022

Notice of claim must be given prior to the 15th of the month if the 15th falls on a Saturday, Sunday, or legal holiday. Monthly notices are explicitly required to retain bond claim rights in Texas, but the reasons for sending preliminary notices on these projects go beyond legal responsibility. On-demand legal help you can afford.

Texas 52

Texas Claims Contract Legal 52

Best Practices Construction Law

JUNE 12, 2015

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. It is worth the effort to seek legal advice on these issues prior to drafting and executing contracts with other parties.

Subcontracting 48

Subcontracting Legal Drafting Virginia 48

Construction and Infrastructure Law

JANUARY 9, 2020

An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages. Taking the time to carefully review the indemnification provision in each contract with your business and legal team will help to ensure consistency and enforceability. What exactly will be covered?

Liability 52

Liability Agreement Drafting Insurance 52

NH Construction Law

JULY 21, 2019

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.” Thus, the res judicata defense is unmistakably available to them.” 128 (2016).

Claims 40

Claims New Hampshire Insurance Employment 40

Construction Marketing

APRIL 25, 2016

Benefit: Documentation builds your defense, but avoiding all together avoids costly legal fees. With close monitoring of projects, potential legal issues can be avoided. Foremen need to execute regular spot checks noting defective materials and any disputes with subcontractors and suppliers.

Documentation 120

Documentation Construction Software Software 120

Levelset

SEPTEMBER 16, 2022

It pays for repairs of damages to the surrounding property, as well as legal expenses incurred during a lawsuit. The policy covers damages to property, bodily injury expenses, and legal fees caused by faulty work or installation of a faulty product. It covers the damages caused by faulty work, product failure, or other causes.

Insurance 52

Insurance Liability Claims Contractors 52