Volume 18, Number 3
April/May 2001
COLUMNS
From the Editor Jennifer J. Rose
Earth-Shattering Issues.
The Chair's Corner Wynn A. Gunderson
In Defense of the Turf
The Business of Law Edward Poll
The View from One Crystal Ball
In the Solutions Ed Blewer
North, South, East, and West.
FEATURES
The Dirt on Real Estate
A Construction Law Primer
Marc M. Schneier
Legal issues that arise during construction projects include
delay claims, economic injuries, and construction
safety.
CERCLA and RCR: Minimize Your
Liablity
Geraldine
Edens
CERCLA looks backward, pinning responsibilty for hazardous
waste cleanup onto current and previous owners, generators, and
transporters; while RCRA looks forward, actively managing
hazardous wastes from generation to disposal.
Environmental Due Diligence: How Much Is
Enough?
Carol R. Boman
The parties to any real estate transaction buyers, sellers,
developers, tenants, appraisers, lenders, and insurers need to
know if the real estate is contaminated and what effect it will
have on the economics of the deal. That's where the site
assessment comes in..
Envionmental Contamination: Making a Claim for Property
Damages
Gail L. Wurtzler
When property is contaminated, it can adversely affect the
current owner and neighbors. Your advice to clients will depend
on whether the contamination is temporary or permanent, costs of
repair, and availability of stigma and proximity damages
.
Underground Storage Tanks
Walter G.
Wright, Jr.
Find out about the federal regulations governing design,
maintenance, and required response to a spill; and whether a
gasoline additive as methyl tertiary buty ether(MTBE) heightems
the risks associated with UST spills..
Lead Paint: Beyond the Landlord/Tenant
Context
Catherine A. Potthast
Maybe you thought that lead paint is a concern only to
property owners or tenants, but federal regulations also affect
your client who are buyers and sllers or real property, real
estate agents, construction workers, contractors, renovators, and
home inspectores.
Mold: An Emerging Contruction Defect
Alexander Roberston IV
Learn how to make a toxic mold case, including potential
causes of action, testing for mold, interpretation of test
results, use of expert testimony, recoverable damages, statutes
of limitations, and recent cases.
Tax Consequences of Real Estate Transactions in
Divorce
John J. Weiler
Divorce usually spawns a number of real estate trasactions.
Lawyers need to pay attention to I.R.C. 1041, the temporary
Treasury Regulations, and recent legislation on the tax treatment
of gain realized on the sale of a principal residence.
Using Legal Assistants in a Real Estate
Practice
James R. Walston
Integrating legal assistants into your practice takes some
planning, but ut can be well worth the effort. Here's
How.
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