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Contaminated Properties Contract Terms

Bennett Jones LLP

But It’s "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

Bennett Jones LLP on

We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a...more

Gray Reed

A Harsh Result From a Lopsided Indemnity Agreement

Gray Reed on

Wagner v. Exxon Mobil Corporation is an example of the misfortune that can befall the purchaser who assumes the burden of comprehensive, one-sided indemnity obligations. We will disregard evidentiary and other issues in this...more

Carlton Fields

The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy

Carlton Fields on

Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PERC/Dry Cleaners: Wisconsin Appellate Court Addresses Degree of Spill or Release Constituting Breach of Lease

The Court of Appeals of Wisconsin (“Court”) in a September 28th opinion addressed whether a tenant breached a commercial lease because of contamination originating from its dry cleaning operation. See In Re the Writ of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transactional Environmental Issues: Federal Court Addresses Buyer/Seller Dispute Regarding Post-Closing Remediation...

The United States District Court for the Eastern District of Louisiana (“Court”) addressed in a May 30th opinion a dispute between a buyer and seller of real property related to a contract provision addressing responsibility...more

Bass, Berry & Sims PLC

Court Rejects Cap on FCA Damages for Allegations of Subcontracting Plan Fraud

Bass, Berry & Sims PLC on

Last month, the U.S. District Court for the Eastern District of Washington denied a motion to limit damages against a government contractor, United States ex rel. Savage v. Washington Closure Hanford LLC, where the government...more

Gray Reed

When is an Unforeseen Condition a “Differing Site Condition”?

Gray Reed on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

Carlton Fields

Sixth Circuit Affirms Arbitrator’s Decision In Environmental Remediation Matter

Carlton Fields on

The Sixth Circuit has affirmed an order confirming an arbitration award regarding indemnification obligations for environmental cleanup owed by William Farley toward the Eaton Corporation arising out of the 1986 sale of an...more

Gray Reed

Oil Field Contamination Award Upheld

Gray Reed on

Forest Oil Corporation v. El Rucio Land and Cattle Inc. et al deserves your attention for four reasons: You won’t see another one involving damage to a rhinoceros pen...more

Dechert LLP

Global Private Equity Newsletter - Winter 2016 Edition: Tools for Managing Environmental Risks in Deals

Dechert LLP on

When parties to an M&A deal consider most environmental risks, they essentially seek the same goals that they seek with respect to other liabilities in the deal. M&A sellers, particularly private equity sellers, seek to avoid...more

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