Disputes are the bane of all construction professionals lives, but unfortunately no matter how hard one tries to avoid them (partnering, mediation and the like) there are always some matters which require formal dispute resolution to resolve them. PFI is one area where efforts have been made in the last few years to streamline disputes and where appropriate to consolidate disputes. While such aims are to be applauded they can in themselves lead to difficulties ...
There are a number of legal mechanisms that can improve the economics and liability of industrial and commercial development projects for developers willing to take advantage of them. This article will explore some of the incentives available to developers that will assist in maximizing profits and freeing-up capital that would otherwise be devoted to conventional construction or permanent loan financing. 1. Tax Incremental Financing Districts (“TIF’s”) ...
Keeping in Shape – Trademark Protection of Product ConfigurationsThe development of unique and distinctive product configurations allows the producer of the product to achieve more bang for its marketing dollar. The consumer not only cognitively associates the manufacturer’s word mark with the product, but also its configuration. In this context, the oft cited example is the Coca-Cola bottle shape ...
In its 1993 decision in U.S. v. Rohm & Haas, the Third Circuit held that EPA could not recover CERCLA oversight costs for supervising a private party removal action. The Court reasoned that the U.S. Supreme Court’s decision in National Cable Television Ass’n, Inc. v. U.S. barred recovery of such costs “unless the statutory language clearly and explicitly requires that result ...
The English Court of Appeal has thrown out an attempt to appeal a decision in favour of Dyson about spare parts for Dyson vacuum cleaners. Dyson sued spare parts supplier Qualtex for infringement of Dyson's unregistered design rights (UDR) in 14 spare parts manufactured by Qualtex. The spare parts were deliberately designed to look like the originals, known as "pattern parts" in the trade ...
The Environmental Protection Agency (EPA) has published a draft of Ireland’s second National Allocation Plan for Emissions Trading in Ireland. This follows a recent announcement by the Minister for the Environment, Heritage and Local Government, Mr. Dick Roche, T.D., which set out the total quantity of Carbon Dioxide (CO2) allowances being made available by Government to Ireland’s emissions trading sector ...
The Planning and Development (Strategic Infrastructure) Bill 2006 was published on 16 February 2006 (a pdf version of this Bill is available at the end of this article). The idea of creating a “fast track” planning procedure for major infrastructural projects had been mooted for over three years ...
The Federal Electricity Commission (the “Commission”) will put out for public bidding the construction and operation of a hydroelectric plant named “La Yesca.” The plant will be located 65 kilometers from the El Cajon Dam, between the boundaries of the states of Nayarit and Jalisco ...
In June 2004 legislation came into force giving Scottish communities a right to purchase land for sustainable development. The legislation is complicated. Even the Scottish Executive's guidance for community bodies states such a purchase is no easy option and requires commitment and patience. It suggests community bodies may wish to consider buying the land by agreement without the use of the legislation ...
In June 2004 legislation came into force giving Scottish communities a right to purchase land for sustainable development. The legislation is complicated. Even the Scottish Executive's guidance for community bodies states such a purchase is no easy option and requires commitment and patience. It suggests community bodies may wish to consider buying the land by agreement without the use of the legislation ...
The Federal Electricity Commission (the “Commission”) has put out for public bidding the construction and the operation of a Liquid Natural Gas Degasification Terminal (the “Terminal”). The winning tender will construct, operate, and supply gas from the Terminal which will ensure a supply of natural gas to the Commission’s electricity generating plants Manzanillo I and II, Bajio, El Sauz, Salamanca, and Guadalajara I and II ...
On November 29, 2005, the Chamber of Deputies of Mexico’s Congress approved a draft of the “Civil Liability for Environmental Damage Law” (the “Bill”) which regulates liability for acts or omissions which have an adverse impact on the environmental. The Bill was sent to the Senate on December 1, 2005 and is now in the process of being studied by the Environmental, Economic Development, Justice and Legislative Studies Committees ...
In the 1930s Duke Ellington wrote what was to become a jazz standard. The song was called "It don't mean a thing (if it ain't got that swing)". What is the connection with gas supply you may well ask? To explain, contracts to supply gas contain ‘swing’ - the term for the supply margin given to a buyer over their peak demand ...
In this issue: - SDLT – The New Disclosure Rules Implications for Housebuilders - Restrictive Covenants and Implied Terms in Contracts - Can You be Prosecuted for Lust? - Stamp Duty Strife
On September 30, 2004, the MDEQ Remediation and Redevelopment Division (“RRD”) issued Operational Memorandum No. 5 (“Op. Memo No. 5”) related to groundwater surface water interface (“GSI”) criteria and their application under NREPA Part 201 (Michigan Contaminated Sites), Superfund, and Part 213 (Michigan Leaking UST Sites). Op. Memo No. 5 replaces the previously issued Op. Memo No. 17 (September 8, 1998) related to GSI criteria ...
The last thing any tenant wants to face is a costly bill for repairs to their rented commercial property. That is why many potential occupiers seek to include some exclusion on the repairing clause, protecting them from what is an otherwise onerous obligation. While this is the primary means of limiting liability, other options also exist ...
The National People’s Congress of the People’s Republic of China issued a draft Property Rights Law in July 2005 for public consultation. The Law is expected to be enacted in March 2006. The Law will be a pillar of the Chinese legal system. It is said that legal property ownership and rights are a novel concept in China ...
The provisions of the Environment Quality Act (“EQA”) regarding contaminated land require a person intending to change the use of a parcel of land to perform a site characterization study1 if certain specific industrial activities have been carried on there. If this study reveals the presence of contaminants in excess of the limit values prescribed by regulation 3, a notice of contamination must be registered in the land register against the property in question ...
Practical Advice for Defending Toxic Tort Actions - 11/29/2001 Texas Lawyer © 2001. All rights reserved Defending a toxic tort case involving multiple plaintiffs and defendants, not surprisingly, presents multiple issues of concern. In developing a litigation strategy, thoughtful defense counsel will anticipate these issues ...
In a decision released Wednesday, July 20,(1) the Supreme Court of Canada has overturned Court of Appeal decisions from New Brunswick and Nova Scotia finding that Mi’kmaq people have a treaty right to harvest timber for commercial purposes. In so doing, the Court also provided guidance on how to assess aboriginal title claims ...
Do environmental considerations feature in your business plans? If not, then perhaps it is time they did. Minimising waste, reducing energy consumption and decreasing the environmental impact is not just good for the planet but can lead to increased profits. That is the message from the Scottish Executive in its paper 'Going for green growth: a green jobs strategy for Scotland' ...
In this edition - Corporate Manslaughter Bill Moves Closer to Reality - Are You Relying on Existing Rights of Drainage to Service Your Development? - Does Your Architect Know He is Working for Free? - SDLT on Development Agreements - Equity Share Mortgages - Tree Huggers - Use Classes Order
The coming into force of the Kyoto Protocol on February 16, 2005 has generated intense discussion and left many unanswered questions for the industrial sector. Over the last two months, the federal government has published several documents that, to a certain extent, uncover its intentions regarding its stated objectives and its strategies for achieving such objectives ...
On April 13, 2005, the government of Canada announced the first phase of Project Green “Moving Forward on Climate Change: A Plan for Honouring our Kyoto Commitment”. Although there is no legislation in force in Canada which requires companies to reduce their greenhouse gas (GHG) emissions, emitting companies should begin preparing for this possibility. In some cases, they should even look at the advantages of immediately trading emission reduction credits ...
The article appeared in the 2005 edition of The International Comparative Legal Guide to: Environment Law; published and reproduced with kind permission of Global Legal Group Ltd, London ...
