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February 19, 2010
Sean Hanlon - Holland & Hart LLP
The economic loss rule is a rule frequently invoked in construction disputes that operates to limit the types of damages that can be recovered. Understanding the limits of the economic loss rule requires a party to examine (1) the source of the duty at issue and (2) the nature of the property damage claimed. Full Story 
February 19, 2010
Jeffrey Marley Zalkin - LeClair Ryan
NEW YORK, N.Y. (2/8/10) – The collapse of the U.S. housing and mortgage-backed securities markets has raised the stakes in real estate workouts and loan negotiations as never before—and both investors and legal professionals must retool their strategies to reflect these new realities, advised veteran bankruptcy and construction attorney Jeffrey M. Zalkin, a partner in LeClairRyan, based in the firm’s New York office. Full Story 
February 19, 2010
Garrett Miller - Smith, Currie, & Hancock LLP
Under the Federal Acquisition Regulation, the Differing Site Conditions clause at FAR § 52.236-2 is a mandatory clause in most fixed-price federal government contracts. This provision operates to shift the risk of certain unforeseen physical conditions to the government.  As discussed in Chapter 7 of Smith Currie’s Federal Government Construction Contracts (John Wiley & Sons, 2008), the basic tests to establish entitlement to relief under that clause are well established. Full Story 
February 19, 2010
Barbara Ruth & Michael A. Gillen - Duane Morris LLP
The U.S. Department of Housing and Urban Development (HUD) recently issued new rules that modify the Real Estate Settlement Procedures Act (RESPA). RESPA is a consumer-protection statute that was enacted to (1) help consumers become better shoppers for settlement services and (2) eliminate kickbacks and referral fees that unnecessarily increase the costs of certain settlement services. Loans secured with a mortgage placed on a one-to-four-family residential property are governed by RESPA. These loans include most purchase loans, assumptions, refinances, property improvement loans, and equity lines of credit. HUD's Office of RESPA and Interstate Land Sales is responsible for enforcing RESPA. Full Story 
January 25, 2010
Edward Gentilcore of Duane Morris and James L. Bly of Marsh
Outlined below, the presenters from Going Green! Understanding the Risks and Liabilities of Green Building offer the top considerations for leaders tasked with identifying the risks and opportunities inherent in green design, construction and ownership. Full Story 
January 25, 2010
Steven Lauck, PMP - Lauck PM Consultants
Now that I have your attention, one of the communication tools that project teams use or should be using are Meeting Minutes. Meeting Minutes record information shared,commitments, documents distributed or presented, approvals, denials, completedactions and new actions. Full Story 
January 25, 2010
Steve Parker - RaiderPainting.com
Engineering structures that are built at least partly underground need to be waterproofed for protection from water infiltration due to close contact with the surrounding ground. One common method involves the application of waterproofing materials to the interior and exterior walls of the structure, including the floors, to completely create a watertight seal against ground contact. The waterproofing contractor installs the system either during building construction or later as a retrofit application for remedial waterproofing. Full Story 
January 25, 2010
Ruth Perryman - QB Specialists
Builders and contractors who purchase land and then develop it have to comply with accounting requirements for revenue and expense recognition that are a little different and require a some modification of the standard QuickBooks set up. The accounting rule is that revenue and costs are not to be recognized on financial statements as income and expense until the job is complete, or in some cases as certain milestones are completed for the job. Full Story 

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