Chicago Cubs Agree to Make Wrigley Field ADA Improvements to Settle Feds' Lawsuit
December 03, 2024 —
James Leggate - Engineering News-RecordMajor League Baseball’s Chicago Cubs have entered into a settlement with the U.S. Dept. of Justice over renovations to Wrigley Field, federal and Cubs officials announced Oct. 31. As part of the settlement, the team agreed to update Wrigley Field with more accessibility options for people with disabilities.
Read the full story...Reprinted courtesy of
James Leggate, ENRMr. Leggate may be contacted at
leggatej@enr.com
Big Data Meets Big Green: Data Centers and Carbon Removal Compete for Zero-Emission Energy
October 15, 2024 —
Robert A. James, Sidney L. Fowler & Ashleigh Myers - Gravel2Gavel Construction & Real Estate Law BlogArtificial intelligence, data centers, carbon removal and zero-emission power may sound like a winning line (plus the Free Space) on a 2024 Buzzword Bingo card. But the concepts have come into dramatic real-world tension as private and public actors seek to accommodate the digital and environmental imperatives for green energy.
After years of fairly stable demand, punctuated by declines during the pandemic and economic slumps, electricity demand is projected to double by 2050. A principal cause is the rapid expansion in the power needed to energize and cool servers amid explosive growth in the number and size of data centers, crypto miners, and other point sources of computation. Data centers were 3% of U.S. demand and are projected to be up to 9% or more by 2030; AI will drive a 160% surge in data center demand by 2030. A commentator notes, “We haven’t seen [growth like] this in a generation.”
Reprinted courtesy of
Robert A. James, Pillsbury,
Sidney L. Fowler, Pillsbury and
Ashleigh Myers, Pillsbury
Mr. James may be contacted at rob.james@pillsburylaw.com
Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Read the full story...
First Circuit Finds No Coverage For Subcontracted Faulty Work
December 17, 2024 —
Eric Hermanson & Austin Moody - White and Williams LLPAfter almost two years' deliberation, the First Circuit last week issued its long-awaited decision in Admiral Ins. Co. v. Tocci Bldg. Corp.[1]: affirming on other grounds, and leaving in place a district court decision that found subcontracted faulty work was not an "occurrence" and did not lead to covered “property damage” under Massachusetts law.
The decision leaves Massachusetts among a number of states where general contractors should not expect coverage from their commercial general liability (CGL) insurers for damage falling within the contractor’s scope of work.
Since the "scope of work" – where general contractors are involved – often encompasses an entire project, contractors who want coverage in Massachusetts should take care to make alternative arrangements: transferring risk to subcontractors through indemnity provisions and additional-insured endorsements, or relying on other policy forms where available.
Reprinted courtesy of
Eric Hermanson, White and Williams LLP and
Austin Moody, White and Williams LLP
Mr. Hermanson may be contacted at hermansone@whiteandwilliams.com
Mr. Moody may be contacted at moodya@whiteandwilliams.com
Read the full story...
Consider Arbitration Provision in Homebuilder’s Warranty and Purchase-and-Sale Agreement
November 18, 2024 —
David Adelstein - Florida Construction Legal UpdatesWhen you enter into a contract with a homebuilder, particularly a tract homebuilder, please consider two things when it comes to dispute resolution: (1) your purchase-and-sale agreement likely contains an arbitration provision, and (2) your limited warranty agreement you get in connection with closing likely also reinforces the arbitration provision, especially with warranty claims governed by the limited warranty agreement. This dispute resolution is important because it means the homebuilder wants disputes resolved through the arbitration process and NOT through the litigation process (where the nature of disputes and allegations are public).
Look, there are pros and cons with arbitration, no different than litigation. Arbitrating a dispute is not necessarily a bad thing, and with certain disputes, ideal. There is no right to appeal in arbitration, but the dispute should resolve itself quicker than litigation, and you’ll have more control over the decision maker, i.e., the arbitrator.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
NLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational Status
September 23, 2024 —
Aaron C. Schlesinger - Peckar & Abramson, P.C.On July 26, 2024, the National Labor Relations Board (“NLRB”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which takes effect September 30, 2024. The Final Rule eases the process for unions in the construction industry to convert their status as collective bargaining representative of bargaining unit employees from Section 8(f) to 9(a) of the National Labor Relations Act (“Act”) simply by placing certain recognitional acceptance language in their collective bargaining agreements. As a result, construction industry employers should review their collective bargaining agreements prior to signing to determine if such language exists.
Section 9(a) Non-Construction Industry Employers
In most industries, not including construction, union recognitional status as collective bargaining representative of the employer’s employees is governed by Section 9(a) of the Act. In order for a Union to obtain recognitional status under Section 9(a), the union must either: (1) file a petition with the NLRB showing support of 30% of the proposed bargaining unit via employee executed authorization cards and win an election of 51% of the employees in the proposed bargaining unit who actually vote; or (2) by reaching an agreement with the employer that the union possesses employee executed authorization cards from 51% of the proposed bargaining unit, which has been confirmed by a neutral arbitrator pursuant to a card count. Once such status is achieved, the union and employer are required to meet and bargain towards reaching a collective bargaining agreement covering the terms and conditions of employment of the union represented employees. A Section 9(a) union cannot have its recognitional status revoked absent the loss of majority support of the employees it represents.
Read the full story...Reprinted courtesy of
Aaron C. Schlesinger, Peckar & Abramson, P.C.Mr. Schlesinger may be contacted at
aschlesinger@pecklaw.com
Ethical Limits on Preparing a Witness for Deposition or Trial
October 28, 2024 —
Stu Richeson - The Dispute ResolverIn this week’s blog post, we are going to take a brief look at ethical issues associated with preparing a witness for a deposition or to testify at trial. Most attorneys would agree that it is permissible to meet with a witness before the witness’s deposition to discuss what to expect. On the other hand, there is no question that advising a witness to provide false testimony would be improper. But what about the area in between those two extremes? For instance, can an attorney suggest to a witness how to phrase answers to anticipated questions that, while true, might not be the way the witness would have answered the question absent the attorney’s coaching?
A little over a year ago, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued ABA Formal Opinion 508: The Ethics of Witness Preparation. The opinion provides certain examples of things that are and are not permissible in preparing a witness for a deposition or trial.
Read the full story...Reprinted courtesy of
Stu Richeson, PhelpsMr. Richeson may be contacted at
stuart.richeson@phelps.com
GRSM Attorneys Selected to 2024 Super Lawyers and Rising Stars Lists
January 14, 2025 —
Gordon Rees Scully MansukhaniSuper Lawyers® has released its 2024 attorney lists across various regions of the United States. This year, 169 Gordon Rees Scully Mansukhani attorneys have been selected, with 51 named to Super Lawyers and 118 named to Rising Stars.
*For attorneys licensed to practice in New Jersey: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers and Rising Stars selection methodology.
The selections are a result of independent research by the team at Super Lawyers® to determine no more than the top five percent of legal professionals in each geographic region. The research team selects no more than two and a half percent of the lawyers in each geographic region to the Rising Stars list.
Read the full story...Reprinted courtesy of
Gordon Rees Scully Mansukhani
Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court
July 31, 2024 —
Erica Whaley - Construction Law ZoneEarlier this year, the
Associated Subcontractors of Massachusetts hired Robinson+Cole attorney
Joseph Barra to submit an amicus brief to the Massachusetts Supreme Judicial Court for consideration in the appeal pending before it in
Business Interiors Floor Covering Business Trust v. Graycor Construction Co., Inc. In its June 17, 2024 decision in that case, the Court interpreted the Massachusetts Prompt Pay Act, which applies to private construction projects and “requires that parties to a construction contract approve or reject payment within” an allotted time period and in compliance with certain procedures else such payments will be deemed approved. Two years ago, the Massachusetts Appeals Court, in
Tocci Building Corp. v. IRIV Partners, LLC, decided that an owner who fails to timely advise its general contractor of the reasons as to why it was withholding payment, coupled with failure to certify that such funds are being withheld in good faith, violates the Prompt Pay Act and makes the owner liable for funds owed.
[1] However, the Tocci Building Court left open the question of whether one who violates the Prompt Pay Act forfeits its substantive defenses to non-payment, such as fraud, defective work, or breach of material obligation of the contract.
The facts of Business Interiors involve a general contractor, Graycor, which subcontracted Business Interiors to perform certain flooring work fo
Georgia Update: Automatic Renewals in Consumer Service ContractsWATCH: 2023 Construction Economic Update and ForecastThe Sensible Resurgence of the Multigenerational HomeWilke Fleury Attorneys Featured in 2021 Best Lawyers in America and Best Lawyers: Ones To Watch!Keep Your Construction Claims Alive in Crazy Economic TimesThinking About a Daubert Motion to Challenge an Expert Opinion?AB 1701 – General Contractor Liability for Subcontractors’ Unpaid WagesParis ‘Locks of Love’ Overload Bridges, Threatening StructuresMass Timber Reduces Construction’s Carbon Footprint, But Introduces New Risk ScenariosCourt of Appeals Invalidates Lien under Dormancy ClauseSold Signs Fill Builder Lots as U.S. Confidence Rises: EconomySurfside Condo Collapse Investigators Uncover More Pool Deck DeviationsA Subcontractor’s Perspective On California’s Recent Changes to Indemnity ProvisionsSales of U.S. Existing Homes Rise to One-Year HighISO Proposes New Designated Premises Endorsement in Response to Hawaii DecisionCourt of Appeal Shines Light on Collusive Settlement AgreementsProject Delivery Methods: A Bird’s-Eye View2019 California Construction Law UpdateCDJ’s Year-End Review: The Top 12 CD Topics of 2015Ninth Circuit Clears the Way for Review of Oregon District Court’s Rulings in Controversial Climate Change CaseEngineer Probing Champlain Towers Debacle Eyes Possibility of Three Successive Collapses“Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a ComplaintHealth Care Construction Requires Compassion, Attention to Detail and FlexibilityFix for Settling Millennium Tower May Start This FallThe Importance of a Notice of Completion to Contractors, Subcontractors and SuppliersSocial Distancing and the Impact on Service of Process Amid the COVID-19 PandemicSeller Faces Federal Charges for Lying on Real Estate Disclosure FormsFifth Circuit Reverses Insurers’ Summary Judgment Award Based on "Your Work" ExclusionReplacement of Defective Gym Construction Exceeds Original CostCogently Written Opinion Finds Coverage for Loss Caused By Defective ConcreteConstruction Litigation Roundup: “Stop - In the Name of the Law!”Certificates of Insurance May Confer CoverageInsurance Policy’s “No Voluntary Payment” Clauses Lose Some Bite in ColoradoDave McLain named Barrister’s Best Construction Defects Lawyer for Defendants for 2019 Balcony Collapses Killing Six PeopleHunton Insurance Lawyer, Jae Lynn Huckaba, Awarded Miami-Dade Bar Association Young Lawyer Section’s Rookie of the Year AwardViva La France! 2024 Summer Olympics Construction Features Sustainable Design, Including, Simply Not Building at AllCalifornia’s Prompt Payment Laws: Just Because an Owner Has Changed Course Doesn’t Mean It’s Changed Course on Previous PaymentsRelying Upon Improper Exclusion to Deny Coverage Allows Bad Faith Claim to Survive Summary JudgmentTraub Lieberman Partner Lisa Rolle Wins Summary Judgment on Behalf of Contract Utility Company in Personal Injury ActionQuick Note: Can a Party Disclaim Liability in their Contract to Fraud?California Supreme Court Rejects Third Exception to Privette DoctrineNew EPA Regulation for Phase I Environmental Site AssessmentsChanges to Judicial Selection in Mexico Create a New Case for Contractual ADR ProvisionsIn Supreme Court Showdown, California Appeals Courts Choose Sides Regarding Whether Right to Repair Act is Exclusive Remedy for Homeowners Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-StirlingTraub Lieberman Attorneys Burks Smith and Katie Keller Win Daubert Motion Excluding Plaintiff’s Expert’s Testimony in the Middle District of FloridaApplication Of Two Construction Contract Provisions: No-Damages-For-Delay And Liquidated DamagesFinalists in San Diego’s Moving Parklet Design Competition AnnouncedCourt of Appeals Affirms Dismissal of Owner’s Claims Based on Contractual One-Year Claims Limitations Period 
