Becoming certified as a minority business, woman owned business, or disadvantaged business enterprise through various agencies on the federal, state and local levels has many advantages. Once a business obtains certification, the benefits to both the business and the business owners include preferential consideration for federal, state and local contracts; funding opportunities through grants and loans; marketing programs; and business development programs. Although the benefits to obtaining certification are apparent, the certification process is detailed and requires careful consideration and attention to detail. Below is a discussion of the various types of certification and the organizations that offer certification, as well as an overview of the certification process and the supporting documentation required for a business owner’s application for certification.
CERCLA Section 114(b) prohibits the double recovery of environmental response and cleanup costs by a Potentially Responsible Party (“PRP”). Yet, PRPs that pay cleanup costs and are reimbursed for such costs – for instance with insurance proceeds – may also attempt to recover from a Co-PRP under CERCLA.
One of the defects du jour we have been seeing in our practice the last few years relates to exterior finishes on buildings, primarily claims of excess cracking and/or debonding of stucco resulting in water intrusion issues. Initially, plaintiffs were content with remedying the alleged defects in the stucco by location; however, more and more experts are now calling for the complete replacement of exterior wall systems. Recently, we had a case where an expert was claiming the stucco had to be completely removed and replaced on all four faces of a hi-rise residential condominium because it was debonding (despite the fact it took a jackhammer to even loosen the stucco). We have also seen proposals to replace stucco with an Exterior Insulation and Finish System (“EIFS”), a synthetic product that looks like stucco. However, EIFS is not a perfect solution and has problems of its own.