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What You Need to Know About Notice and Opportunity to Repair Legislation

Posted on May 1, 2006 by

Homeowners file a complaint against you alleging that defects exist in their new home. The complaint is the first notice you have received from the disgruntled homeowners. You notify your insurance company, get the complaint to your attorney, and the time-consuming and expensive litigation process begins. Well, not so fast. In many states – perhaps […]

Managing Environmental Impairment

Posted on April 10, 2003 by

Environmental issues permeate commercial and industrial real estate development and acquisition of businesses. In addition to traditional contractual mechanisms to allocate the risk of environmental liability, there are a variety of statutory protections to encourage Brownfield redevelopment. This outline will describe mechanisms available to the stakeholders in commercial and industrial development. I. LOCAL GOVERNMENTAL UNIT […]

New Burden Placed on Employers to Disprove Discrimination

Posted on September 1, 2001 by

Last year, the United States Supreme Court increased the burden on employers to disprove claims of discrimination. In a case known as the Reeves decision, the Supreme Court, for the first time, allowed a jury to find that discrimination had occurred based on “inferences” of discrimination rather than on direct evidence of discrimination. In other […]