New "Green Codes" gain momentum
The State of Maryland recently passed legislation enabling local jurisdictions to adopt the International Green Construction Code (also known as the Green Code) as a requirement for new construction in that state, to be...
Supreme Court rejects federal common law nuisance claims for greenhouse gas emissions
In a unanimous 8-0 decision this morning, the United States Supreme Court found that the EPA’s authority to regulate greenhouse gases under the Clean Air Act, 42 U.S.C. § 7401 et seq., displaces alleged...
New Statutes / National Trend for Certificates of Insurance
Certificates of Insurance are used in the construction industry in every state to reflect the identity of insurance carriers, types of coverage, policy numbers and policy limits. Historically Certificates of Insurance have also been...
Comment period opens on EPA's proposed Mercury and Air Toxics Rule for Coal-Fired Power Plants
On May 3, 2011, the Environmental Protection Agency (“EPA”) published a federal register notice proposing a rule that would limit the emissions of mercury and other air toxics from power plants.1 This rule would...
Buttermilk Towne Center: Increased Lender Leverage in Single Asset Chapter 11
The Bankruptcy Appellate Panel of the Sixth Circuit (the "BAP") recently issued an opinion in In re Buttermilk Towne Center, LLC, No. 10-8036, 2010 Bankr. LEXIS 4563 (B.A.P. 6th Cir. Dec. 23, 2010), which...
Federal Dollars for Women-Owned Small Businesses
Ending more than a decade of controversy, on February 4, 2011, the Small Business Administration opened 83 industry categories to federal procurement contract set-asides for Women-Owned Small Businesses (WOSB’s) and Economically-Disadvantaged Women-Owned Small Businesses (EDWOSB’s)...
Continuing Saga: Thickness of Poured Concrete on Grade Slabs
Most retail and commercial structures have floors which are simply concrete poured on grade. The earth is part of the form work and its levelness, compaction and grading affect the thickness of poured concrete...
Federal contract reporting of first-tier subcontracts now applied to prime contracts
On July 8, 2010, the Federal government issued rules that required prime contractors to report: (1) first-tier subcontract awards valued at $25,000 or more; (2) the prime contractor’s five highest compensated executives; and (3)...