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” (.

Site 156

Site Liability United States Green 156

Green Building Law Update

SEPTEMBER 16, 2013

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

Site Liability Compensation Legal 120

Construction Law

DECEMBER 2, 2022

The next thing you might be contacting your lawyer about could be your potentially over-inflated sustainability claims. It also says that strict benchmarks and assessment criteria will soon require civil engineers to account for the carbon output and sustainability of the infrastructure they design. Nick Barrett. Editor.

Claims 52

Claims Risk Infrastructure Finance 52

Green Building Law Update

AUGUST 7, 2016

Given the large number of inquiries we have responded to about Zika, including about liability for building owners, this is a repost of an updated version of my February blog post on the subject. But where a building has an insect management plan, the negligent implementation of a plan may arguably give rise to liability.

Liability 120

Liability Puerto Rico Management Plans 120

Green Building Law Update

NOVEMBER 14, 2013

EPA has withdrawn the new ASTM E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” as satisfying the requirements for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

Site Liability Compensation Certification 120

Green Building Law Update

FEBRUARY 28, 2016

With respect to the likelihood of legal liability associated with the application of insecticides or failure to apply, it is the failure to act properly that may have the greater likelihood for landlord liability.

Liability 120

Liability Management Plans Florida 120

Green Building Law Update

DECEMBER 27, 2020

In 2021 this blog will continue providing strategic intelligence on environmental law, including critical insights into sustainability and green building for the business community, not just for lawyers. In descending order these are the posts that had the most traffic: COVID-19 Liability for Building Owners.

Maryland 156

Maryland Green Profitability US 156

Green Building Law Update

OCTOBER 11, 2020

Those lawsuits primarily assert that the extraction, production, sale, and promotion of fossil fuels constitute a public nuisance and give rise to product liability under state common law and state consumer protection statutes; the plaintiffs are seeking relief largely in the form of compensatory and punitive damages.

Baltimore 207

Baltimore Maryland Claims Connecticut 207

Green Building Law Update

OCTOBER 13, 2019

The Bill if enacted would also create a new permanent Sustainable Finance Advisory Committee that must within 180 days of first meeting submit to the SEC “recommendations about what ESG metrics” the SEC should require be disclosed. But again, there is no realistic scenario under which this becomes law. The failure of H.R.4329,

DC 120

DC Sustainability Risk Liability 120

Green Building Law Update

APRIL 4, 2021

This unfair capital subsidy stymies climate progress by siphoning investment from profitable green building including net zero projects, for non sustainable carbon polluting projects. It is dinosaur lending practices that force green buildings to subsidize more risky conventional buildings through artificially low interest rates.

Green 293

Green Debt Security Commercial 293

Green Building Law Update

MAY 24, 2020

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

Liability Commercial Claims Insurance 177

Job Order Contracting

MAY 17, 2022

“ESG- Using Environmental, Social and Governance factors to evaluate companies and countries on how far advanced they are with sustainability. The proposed rules contain a “safe harbor” for liability for Scope 3 emissions disclosure. (SEC 17 CFR 210, 229, 232, 239, and 249). ” ISO 14064.

Regulation 226

Regulation Risk Equity Organization 226

Natural Building

JANUARY 28, 2022

Adaptive reuse fits the sustainability mantra of the “three Rs,” (reduce, reuse, recycle) but all too often we overlook the green side of architectural conservation. Demolishing an existing building, throwing it away in a landfill, is a staggering act of conspicuous consumption.

Architecture 52

Architecture Sustainability Liability Resource 52

Green Building Law Update

AUGUST 8, 2015

Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. The crux of this case is one of those differences, claims arising from materials.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. The crux of this case is one of those differences, claims arising from materials.

Liability 120

Liability Maryland Green Agreement 120

Stok

NOVEMBER 16, 2022

Transition risks go beyond physical risk of climate change and include rising costs due to pricing-in of carbon emissions (through carbon taxes and pricing schemes), market effects, technological disruptions, legal liabilities, energy efficiency, and other regulations and reputational risks.

Risk 52

Risk Income Liability Banking 52

Green Building Law Update

DECEMBER 13, 2015

The case instructs there is no more liability arising from green building versus other construction, but that the liability is different. At its core this was a case arising from an improperly specified material.

Foundation 120

Foundation Liability Maryland Claims 120

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. For government contractors, there can be serious repercussions if those representations are knowingly false. § 3729 et seq., ” 31 U.S.C. §

Claims 40

Claims United States Liability Materials 40

Green Building Law Update

NOVEMBER 27, 2016

With the maturation of the green building industrial complex it has become clear there is no more or additional liability associated with constructing a green building versus a similar non green structure. The architect’s website still highlights the project describing it as “designed to achieve LEED Platinum.”.

Green 120

Green Claims Certification North Carolina 120

Construction Cost Estimating

APRIL 19, 2019

Responsibility: Normally, the Main contractor and subcontractors should take the liability to make sure that construction activities are executed compliant with suitable specifications, procedures, drawings, codes and standards. International standards • Local Authority codes & specifications.

Inspections 40

Inspections Liability Drawings Construction 40

Chianelli Estimating

JANUARY 30, 2020

They do not have the burden of carrying costs like workmen’s compensation, general liability insurance, unemployment related costs, vacations or sick days, etc. Many times contracts are awarded to the lowest bidder, only to find that the contractor cannot perform the work or sustain the additional costs not allowed for in the bid.

Estimating 78

Estimating Construction Bidding Bankruptcy 78

Job Order Contracting

JANUARY 23, 2019

Managing the numerous repair, renovation, maintenance, sustainability, and construction projects required for any building or asset portfolio is a daunting task. As a result, the impact of lack of proper funding and management at the GSA presents staggering liabilities. The truth is likely that both are to blame.

Leases 100

Leases Infrastructure Statistics Management 100

Best Practices Construction Law

MAY 27, 2016

The Federal Acquisition Regulation (FAR) defines “accrual” as: the date when all events, that fix the alleged liability of either the Government or the contractor and permit assertion of the claim, were known or should have been known. For liability to be fixed, some injury must have occurred.

Claims 63

Claims Liability Contract Contractors 63

Job Order Contracting

AUGUST 7, 2017

Responsibilities are clearly defined in a no-blame culture leading to identification and resolution of problems, not determination of liability. High Performance: Integrated projects will lead to optimized design solutions, higher performance buildings/physical structures, and sustainable design.

Contract 100

Contract Construction Life Cycle Procurement 100

Best Practices Construction Law

JULY 29, 2015

general liability, builder’s risk, workers’ compensation, professional liability) over different periods of time, there may be a dispute as to which carrier covers the loss. There are multiple types of insurance coverage for the various risks on a construction project. In a recent case, Cincinnati Insurance Co.

Insurance 48

Insurance Liability Claims Electrical 48

Job Order Contracting

JANUARY 5, 2019

billion which agencies reported in 2012 as cost savings from real property disposal, space management, sustainability, and innovation activities were not reliable. For example, agencies use different approaches to counting structures—undermining any cross-agency comparisons. We found that the $3.8 GSA has identified $4.6 GAO-12-646.

Inventory 100

Inventory Management Comparison Environment 100

Construction Marketing

JUNE 20, 2022

If the construction company fails to keep the site safe, they could face liability. When a family member sustains injuries from a falling object on a construction site, the best action is to seek legal representation at once. In most cases, the contractor, subcontractor, or site owner will be held responsible.

Site 156

Site Injury Construction Safety 156

GCP Applied Technologies

JUNE 23, 2023

Safer Construction: The indoor construction environment reduced the risks of accidents and related liabilities for the students. The modular construction market is projected to continue expanding as more developers, contractors and clients recognize the benefits it offers in terms of time, cost, quality and sustainability.

Education 78

Education Construction Housing Florida 78

Building Information Management

NOVEMBER 5, 2015

Unfortunately audits by the Office of the Inspector General indicate that the VA’s decentralization, lack of management, and poor business practices are likely the cause of billions of dollars of liability while also creating significant patient safety issues. BACKGROUND. billion in FY 2013.

Management 40

Management Safety CSI Infrastructure 40

Constructonomics

JANUARY 28, 2010

Liability Waivers Among Key Participants. Cohen goes into analysis about each individual project but sums up the study by writing: In every case these projects met or exceeded the owner’s expectations with respect to budget, schedule, design quality, and sustainability and also met the financial expectations of designers and builders.

Bidding 149

Bidding Negotiation Liability Risk 149

Construction Business Owner

SEPTEMBER 28, 2011

The education sessions covered technology, applications, leadership, sustainability, and management of public works projects. Public Exposure and Liability on Construction Sites. The show had more than 125 education sessions and hundreds of exhibitors covering nearly 90,000 square feet of exhibit space. Wally Evans Blog. Recent Posts.

Construction 120

Construction Software Software Cash Flow 120

GCP Applied Technologies

DECEMBER 11, 2018

Depending on the region, general contractors may face additional permitting, have to pay extra for onsite fire marshals and/or face obstacles with securing liability insurance when using hot applied waterproofing. Sustainability. Best practices for waterproofing a buried roof. . Waterproofing systems for inverted roofs. .

Green 74

Green Liability Contractors Permits 74

GCP Applied Technologies

DECEMBER 11, 2018

Depending on the region, general contractors may face additional permitting, have to pay extra for onsite fire marshals and/or face obstacles with securing liability insurance when using hot applied waterproofing. Sustainability. Best practices for waterproofing a buried roof. . Waterproofing systems for inverted roofs. .

Green 74

Green Liability Contractors Permits 74

Construction Cost Estimating

MAY 1, 2015

The enormous preponderance of structural timber is sourced from sustainably managed forests and plantations. A 14-storey (49-metre) apartment building in Bergen designed to comply with the Passivhaus sustainability standard. Sustainability and waste reduction: The waste clearance is considerably less than for a concrete building here.

Concrete 40

Concrete Materials Modeling Sustainability 40

Green Building Law Update

JUNE 18, 2017

Those responses are not inconsistent with and, in fact, should be considered concomitantly with the conclusion, having worked on LEED projects since 2001, that the second best way to mitigate risk and avoid liability in sustainable building is a green building consultant working for the owner.

Consulting 218

Consulting Green Certification Sustainability 218

Green Building Law Update

JULY 24, 2016

Under this July 19, 2014 guidance in the event of a default on a residential property PACE loan, the liability is a property tax lien collected by the local government with the priority associated with other real property tax liens.

Finance 120

Finance Lien Residential Commercial 120

Job Order Contracting

FEBRUARY 20, 2023

This training must cover policy and procedures for the operation of a JOC and shall specifically address the ordering officer’s authority, limitations, and responsibilities, including ethics, conflict of interest, and potential pecuniary liabilities. c) Authorization and limitations. (1)

Contract 225

Contract Office Negotiation Documentation 225