The reason why formal litigation in green construction is relatively rare. Green, or more precisely, sustainable construction, has for a number of years accounted for an increasing amount of the construction market both in terms of project starts and

Ninth Circuit holds that the District Court exceeded its discretionary powers. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) authorized the creation of a Superfund to remove polluted material from toxic waste sites

Think before emailing. By now everyone in the developed world should realize that email is not private. It can be accessed with increasing ease by the tech savvy and broadcast on the internet. More to the point, company email is not privileged inform

Kevin Gaffney, conference director, “The CSC Board has put together an outstanding lineup of education sessions and provides attendees with one of the last opportunities of the year to earn MCLE credits.  Registering before Nov. 18th will also sav

By Don Wallis   Environmental regulation is changing dramatically. The cover story for the Nov. 6, 2017, issue of TIME magazine is entitled—The Wrecking Crew. How Trump’s cabinet is dismantling government as we know it. Massimo Calabresi in his

Contractors can rely upon quantity estimates provided by the government. The federal government often supplies contractors with estimates on the quantity of work that will be performed by the successful bidder. Contractors base their cost estimates a

Protection for shareholders has been significantly reduced One of the most long-standing and sacrosanct reasons for incorporating is to protect shareholders from liability in lawsuits against the corporate entity. Owners of corporations, large and sm

The reporting requirements are complex. An excellent article in California Construction Law Blog by Garret Murai outlines the compliance requirements established under OSHA’s Respirable Crystalline Silica in Construction Standard that went into eff

Under very specific conditions, contractors are exempt from withdrawal liability. ERISA (the Employee Retirement Income Security Act of 1974) stipulates that employers who withdraw from a multi-employer pension plan remain liable for any shortfall in