Green Building Law Update
NOVEMBER 21, 2021
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” (.
NH Construction Law
JUNE 30, 2020
A few years back I blogged (#24) on the Spearin doctrine, which holds that adherence to government-imposed design specifications absolves the contractor from contract liability to the government when the finished product fails to perform as intended. Spearin does not address tort liability to third parties injured by defective designs.
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Best Practices Construction Law
JUNE 21, 2022
The government argued that under the Sovereign Acts Doctrine actions taken by the United States in its sovereign capacity shielded it from contractual liability for those acts, including the actions taken in response to the COVID-19 pandemic.
NH Construction Law
JUNE 26, 2023
imposes liability for knowingly making a false or fraudulent “claim,” or a false record or statement material to such a claim, in order to obtain funds from the federal government. Supreme Court in United States ex rel. In United States ex rel. . § 3729 et seq., 31 U.S.C. § § 3729(b)(2).
NH Construction Law
DECEMBER 19, 2020
It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. United States ex rel. 2d 404 (1990), construing Florida law, held that general contractor’s “pay-if-paid” defense was not available to a surety. Walton Technology v. 33, 614 S.E.2d
Federal Construction Contracting Blog
JUNE 24, 2022
bolding added). understandably, argued that the settlement agreement concerned only TOs 22 and 25 and should not have any impact on its claim arising out of TO 26.
Best Practices Construction Law
MARCH 5, 2018
The Attorney General has primary authority for enforcing FCA, but the law includes what is called a qui tam provision, which permits a private party to bring a civil action alleging fraud against the Government on its own behalf as well as on behalf of the United States.
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