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Environmental Due Diligence and
Project Planning in Stormy Times

Jack Osborn and Mark Pennington taught a continuing legal education program at the Firm's offices on March 4, 2014 entitled "Environmental Due Diligence and Project Planning in Stormy Times." Jack Osborn is Head of the Firm's Construction Litigation Practice. Mark Pennington, Of Counsel to the Firm, is the head of its Environmental Practice.


The program examined ASTM's revised environmental due diligence standard (E1527-13) within the larger context of risk management. It offered tips on tailoring transactional due diligence and selecting and managing environmental consultants. Read More




The Greater New York Construction User Council Discusses the Continuing Relevancy of Skyscrapers

On October 23, 2013 the Greater New York Construction User Council (GNYCUC) held a panel entitled, Going Higher: The Quest to Dominate the NYC Skyline. John E. Osborn, Esq., General Counsel to the GNYCUC, introduced the program, which explored the ability of developers to maintain relevance in New York City - one of the most competitive real estate markets. The program examined both new construction and the renovation of older buildings. .
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The City of New York Abandons the No-Damages-for-Delay Clauses in Construction Contracts -- 30 Years After the Kalisch Jarcho Decision

As of December 24, 2013, the City of New York (the “City”) and its various agencies are using a new standard construction contract. Of the several revisions, the most impactful, at least from a contractor’s perspective, is the elimination of the no-damages-for-delay (NDFD) clause. This clause, which had been faithfully used by City agencies and staunchly defended by New York courts for decades, has been an effective tool for owners (public and private) and contractors to shift the risk of additional costs associated with project delays and other time related impacts onto the respective contractors and subcontractors. Read More



Top Hospitality Industry Executives Discuss the Bright Future of the New York City Hotel Market at The Commercial Observer New York City First Hotel Annual Forum

On October 22, 2013 the Hotel Engineers Association of New York (“HEANY”) and Greater New York Construction User Council (“GNYCUC”) co-sponsored, along with several other industry groups, the first annual The Commercial Observer New York City Hotel Forum at the McGraw Hill Conference Center. As General Counsel to both of these organizations, John E. Osborn, Esq. helped organize the forum, which was comprised of two panels and three keynote speeches. The panelists examined current trends and shared their ideas about the future of the hospitality industry in New York City.   Read More


The Hotel Engineers Association of New York Inc. (“HEANY”) Holds Emergency Preparedness Program at the New Yorker Hotel

On Wednesday, October 9th  2013, the Hotel Engineers Association of New York Inc. (“HEANY”) presented, “Enforcement and Compliance with the New NYC Fire Safety Plan Requirements” at the New Yorker Hotel. The program followed up the group’s March 2012 update on the New York City Fire Code.  The panelist offered insights on the best ways for hotels to implement and adhere to the new requirements. Read More



Legal Issues Affecting Property Management in Complex Times 

Mark Pennington, Of Counsel to John E. Osborn P.C., gave a presentation on hot environmental topics for BOMA/NY on April 11, 2013 as part of a larger panel discussion, “Legal Issues Affecting Property Management in Complex Times.” Mr. Pennington talked about ways to minimize environmental losses in future severe weather events.  He also discussed U.S. EPA’s soon-to-be-released new guidance on vapor intrusion, as well impending changes in standards for how vapor intrusion risks are to be considered in Phase One environmental assessments.  Here is summary of his presentation, updated to include recent developments:  Read More

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