Rules and Applications. According to Stuart Kaplow, attorney and publisher of Green Building Law Update, provisions of common contracts illustrate that all LEED documents and materials needed to support LEED certification’s achievement are used by the owner of the project. Besides, the LEED consultant will be allowed to preserve legal documents and copyrights. Conclusion. All in all, as this case emphasizes, all parties involved in the LEED-related contract should be carefully define the specific responsibilities and roles in the project. Case 8: “Pennsylvania Department of General Services vs. Hampton Technologies, Inc.” Facts. In 2011, the Department of General Services (DGS) opened a bid for the electrical jobs of the Family Court Project, and, Hampton Technologies, Inc. d.b.a. Gordon Group Electric responded DGS’ Request for Proposal (RFP) as a lowest offer. However, DGS gave the $20 million contract to Farfield Company because Hampton Technologies had earned low points in several categories based on the evaluating system; moreover, DGS also did not allow Hampton Technologies to review the result sheets. Therefore, Hampton instantaneously filed a protest to the Supreme Court of Pennsylvania. …show more content…
Hampton alleged that DGS inadequately evaluated its experience in achieving LEED certification because the requirements for LEED were not put in the RFP. Also, Hampton pointed out that Farfield Company had presented a false statement in its bid because of the suspending in its manager’s electrician license. Rules and Applications. In response to Hampton’s claims, DGS affirmed that there was a LEED experience’s scoring matrix in the Appendix M of the RFP and the bid only required the license held by the company, not by their manager. As a result, Hampton’s protest was
Jan Hughes, Plaintiff-Appellant v, Boston Scientific corporation, Defendant-Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011)
CCIB received a call from DCFS. They received a call from a member of the staff of LA County Board of Supervisors (Ofuna). Elizabeth reported that FFA SW Claudia Cuevas was driving her personal vehicle (with no foster children in it) when she was involved in a vehicle accident. The other driver was a Miss Cummins, was concerned and convinced Ms. Cuevas to take cash for the damage repair. MS. Cuevas accepted $450 in cash (in two payments.) Miss Cummins is apparently under the age of 18 and her mother, Nobie Cummins became aware of the situation and confronted Ms. Cuevas at the FFA. (Karen cash, director of the FFA was present). Nobie Cummins accused Ms. Cuevas of intimidation and manipulation of her daughter. (Daughter was called and on speaker
-the reasoning: the completed contract was mailed before the attempted revocation was received. There was evidence to support it and a binding contract must stand.
631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011) .
Per the FMLA, the employee is ordinarily entitled to return to the same shift or equivalent work schedule. In Hunt v. Rapids, the employee contended that the full-time nurse night shift position was not equivalent to the day shift position. The Medical Center contended that the positions were equivalent because the compensation and duties were the same. Hunt v. Rapids Healthcare Sys, 277 F.3d 762 (5th Cir. La. 2001). However, the court of appeals reversed the summary judgment in favor of the employer because it violated her substantive rights under the FMLA by failing to restore her to her previous or equivalent position when she returned from her leave. Id. at 772.
NHA sought to renovate the National Hotel. Richard, aware that he was one of the several contractors competing for the job, proposed that NHA use nonunion labor through O. Ahlborg & sons, INC, and CSI to reduce the overall cost of the project. Richard agreed to take full responsibility of any problems CSI would have with the
“On the way up was a bridge over a cascading stream they had to cross; and under the bridge lived a great ugly troll, with eyes as big as saucers, and a nose as long as a poker.”
Neglecting construction regulations could risk losing a project, so adherence must be strict and the environment monitored for changes. Clients ultimately determine response to advocacy groups in their design choices, however advocacy can play a role in changing practices such as waste treatment. Clients may also be planning projects in the future. Regular inquiries may present opportunities, which are more likely to be offered when a client is left with a positive impression.
Facts: This is a Title VII action alleging harassment based on national origin and religion. The facts are set forth in the light most favorable to Rafiq. On May 11, 2001, Mohommed Rafiq was hired as a car salesman. Rafiq was born in India and is a practicing Muslim. The alleged harassment began on September 11, 2001. When he arrived for work that afternoon, his co-workers were watching news coverage of the terrorist attacks and one of them asked him in a mocking way, "Where have you been?", as if to infer that he had participated in the attacks.
In 1974, the Southeastern promotions, Ltd. V. Conrad case came to the Supreme Court. This came to the court because they believed it violated the First Amendment. The First Amendment protects freedom of religion, speech, press, petition and assembly. In Southeastern Promotions, Ltd. V. Conrad it was argued that Southeastern Promotions was stripped of their freedom of speech because they were denied the use of the Tivoli Theater in Chattanooga, Tennessee to put on the rock musical Hair. The Supreme Court had to uphold the First Amendment while still allowing the theater to keep their reputation of being a family establishment.
The Supreme Court case of Gibbons v. Ogden was one of the many cases dealing with the compelling issue of Federalism (the separation of power between the Federal Government and the states.) It is one of the more disputable cases in determining whether the government exceeded their bounds or if they were simply following the constitution and their delegated powers.
In response to the botched Oklahoma execution of Charles Warner, the Glossip vs Gross court case, and the fact that Governor Nikki R. Haley called for the death penalty the defense team of Dylann Roof, who was accused of killing nine black people in a 2015 South Carolina church shooting, is challenging the death penalty’s constitutionality because the prosecutors declined his request to serve life in prison without parole. Roof’s defense team argues that nobody can be lawfully executed under the constitution no matter what crime they committed. Multiples Justices, including Stephen G. Breyer and Ruth Bader Ginsburg, stated that it might be time to review the death penalty to see if it is actually constitutional. Breyer also stated that the
In September of this year, the second circuit’s decision in Berman v Neo@Ogilvy LLC created a circuit split with the fifth circuit’s 2013 decision in Asadi v. G.E. Energy (USA), L.L.C. Specifically, the two circuits disagreed about whether a whistleblower must report externally to qualify for protection from employer retaliation under the Dodd-Frank Act. The dispute arises from a conflict between two subsections of Dodd-Frank’s whistleblower provisions, namely the definition section and subsection (iii) of the anti-retaliation provision.
The IPD requires from all participants such as owner, designer, consultants, constructor and suppliers to understand the
If LEED v4 scoring cad is used for the rating of the building then William Village, the resident hall, might not be able to get the platinum rating and would lie in the range of the gold ratings. This is because all the factors that are accounted for rating and specific credit are kept very high and the building is not able to meet such high scores or