Thursday, October 20, 2011

$35M Brownfield Project Derailed by Methane Gas

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Earlier this year, I discussed the BNY Mellon v Morgan Stanley Mortgage Corp where   the defendant/mortgage originator has been sued by the...
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Monday, October 10, 2011

Class Action Lawsuit for Radon Mitigation Systems Against Developer and Engineering Firm

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A New Jersey court affirmed certification of a class action involving residents of a condominium complex who alleged that radon mitigation ...

Brokers Coming Into Cross-Hairs Over Environmental Disclosure

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With property values continuing to plummet in the wake of the Great Recession, it is probably not surprising that brokers are increasingly ...
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State Appeals Court Allows Claim To Proceed for Failing To Comply With Property Condition Disclosure Law

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Plaintiff entered into agreement o purchase home for $296,900. Seller provided Buyer with a Residential Property Condition Disclosure State...

Consultants Survive Lawsuit For Negligent Investigation and Remediation of Brownfield Site

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Buyer agreed to purchase former oil field in 1996 to develop for residential complex.   Contract included 40 pages detailing   remedial obl...
Monday, September 19, 2011

Beware Those Arbitration Clauses

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Transacting parties frequently provide for arbitration clauses in their agreements to resolve disputes. While these clauses can be useful th...

Insurer of Cost Cap Policy May be Liable for Consequential Damages

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In Handy & Harman v American International Group , et al, 2008 N.Y, Misc. LEXIS 7522 (Sup. Ct.-NY Cty 8/26/08), plaintiff operated a la...
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