In 1989, after years of investigation and study, the U.S. EPA (“EPA”) finally selected a remedy for the Middlefield-Ellis-Whisman (“MEW”) area in Mountain View, California, one of the largest Superfund sites in the country. Five years later, the EPA concluded that the remedy at MEW was not adequate to prevent the migration of contaminated vapors… Continue reading Managing Soil Vapor Intrusion Risks In Real Estate Transactions
Category: Construction
Unlicensed Contractors
Daniel Vasquez May 6, 2012 Would you place your air-conditioning unit or roof in the hands of a fly-by-night company to save a buck? Are there more unlicensed contractors offering bargains across Florida because of the bad economy? The answers to those questions are being sought by the trade group Air Conditioning Contractors of America,… Continue reading Unlicensed Contractors
Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable
Stephen R. Freeland May 7 2012 In College Park Pentecostal Holiness Church v. General Steel Corp., Civ. No. PJM 09-2070 (D. Md.), the United States District Court for the District of Maryland struck down several portions of an arbitration clause in a standardized construction contract as unconscionable. The case was filed by the plaintiff church… Continue reading Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable
A Case for Expanding the Use of Pass-Through Claims
Benton T. Wheatley & Jessica Neufeld – April 18, 2012 In construction cases, owners must often deal with claims made against it by contractors, despite the fact that the claim may really be a design professional’s fault. Common contracts may also prevent all three parties — contractor, owner, and design professional — from resolving the… Continue reading A Case for Expanding the Use of Pass-Through Claims
OSHA Extends Enforcement Measures in Residential Construction
Clair E. Wischusen – April 18, 2012 Occupational Safety Health and Administration (OSHA) will extend its temporary enforcement measures in residential construction for an additional six months. Originally set to expire on March 15, 2012, the temporary enforcement measures have been extended through September 15, 2012. The following general policy guidance is to be followed… Continue reading OSHA Extends Enforcement Measures in Residential Construction