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Results: 1-10 of 76

Property owner’s liability under CERCLA for unpaid remediation subcontractor
  • Duane Morris LLP
  • USA
  • March 27 2014

A federal appeals court ruled that a landowner is not liable under CERCLA for amounts due to a subcontractor, when the owner had already paid the


Dealing with out-of-state vendors where can you be sued?
  • Duane Morris LLP
  • USA
  • November 25 2013

E-commerce has brought to the forefront an issue identified by courts in the days when traveling salesmen and delivery by the US Postal Service were


Lien equals security interest, but lien does not equal proof of amount due
  • Duane Morris LLP
  • USA
  • November 20 2013

A lien claimant has learned the hard way that proof of the amount due must be established at trial, and one cannot simply rely on the existence of


Waiver of subrogation two reminders
  • Duane Morris LLP
  • USA
  • February 5 2014

Diesel fuel is spilled during renovation of a library, damaging both the work in progress and the surrounding building or land. Damages may exceed


Personal privacy vs public records laws (prevailing wage version)
  • Duane Morris LLP
  • USA
  • January 17 2014

Contractors on prevailing wage projects must submit certified payroll reports to the public authority. To what extent is that information subject to


Enforcing arbitration rights: too little too late too bad
  • Duane Morris LLP
  • USA
  • October 8 2013

A contract agreement to arbitrate can be enforced by either party, and can also be waived by either party. Most arbitration waiver cases are


Conditions precedent to dispute resolution: a help or a hindrance?
  • Duane Morris LLP
  • USA
  • September 9 2013

The AIA A201 General Conditions posit the architect's decision on a claim as a condition precedent to arbitration of that claim. A recent New York


Prompt pay means prompt pay
  • Duane Morris LLP
  • USA
  • June 18 2013

A contractor sends an inflated invoice to an owner for a completed project. The owner fails to pay anything against that invoice - even the amount


The natural effect of recording a lien bond
  • Duane Morris LLP
  • USA
  • April 22 2014

Common sense suggests that when a lien has been bonded off, the owner of the real estate need no longer be a party to the lien claim lawsuit. The


Property owner is strictly liable for Building Code violation
  • Duane Morris LLP
  • USA
  • April 11 2014

The owner of a building open to public use will be strictly liable for damage or injury resulting from a code violation, under a decision issued by