| Bankruptcy of Owner and its Ramifications on Construction Project |
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| When the owner of a construction project files for bankruptcy, all participants on the project will feel the effects. Usually, the owner will seek to complete the project utilizing the bankruptcy tools at his disposal. Owners reorganizing under Chapter 11 can assume beneficial executory contracts or unexpired leases and reject others. More... |
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| Contractor Liability under CERCLA |
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| The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) is an environmental liability law that seeks to remediate and clean up polluted and hazardous waste sites. CERCLA generally focuses on past contamination and fixing liability for the clean-up costs. Through CERCLA's authorization, the Environmental Protection Agency can pursue those parties responsible for such costs under a theory of strict liability. More... |
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| Case Management Order in Construction Defect Actions |
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| Given the complexity and size of most construction defect actions, the Case Management Order (CMO) is crucial to the orderly, cost-effective, and efficient adjudication of all the parties' claims. Generally, the CMO is drafted and agreed to by the parties and then signed as an order from the court. In construction defect cases, the homeowners and developer are usually the parties who initiate the CMO. Later parties, such as subcontractors, are automatically subject to the CMO provisions upon their entrance into the litigation. More... |
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| Punitive Damages in Construction Dispute Context |
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| Punitive damages are intended to serve as punishment to a wrongdoer and to deter others from engaging in the same wrongful conduct instead of merely compensating the injured party for his losses. Punitive damages are normally awarded in the tort context. Thus, they are rarely recovered in construction disputes given the, normally, contractual nature of the conflict. More... |
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| Homeowner Tips for Entering into Home Improvement Construction Contract |
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| With respect to a home improvement project, the key to a homeowner's protection is a construction contract that provides for various contingencies. Although most contracts are a single document, the homeowner should be aware that different signed documents could together form a contract. Each piece of paper to be signed should be carefully examined by the homeowner to ensure it meets with the homeowner's understanding of the parties' agreement. More... |
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