Slow Down?
December 03, 2024 —
Daniel Lund III - LexologyAbsolutely not, said the Louisiana Fifth Circuit Court of Appeal to a masonry subcontractor being sued for allegedly improperly refusing to honor a subcontract bid.
A general contractor preparing its overall bid for a public project in Jefferson Parish relied in the process on the defendant masonry subcontractor’s bid. After a public bid process and receiving the award of the project, the general contractor was informed by the subcontractor that it believed that the unit price form that had been supplied to the sub “contained inaccuracies.” Notwithstanding offers by the GC to endeavor to address the purported “inaccuracies” during the project, most likely by a change order, the subcontractor refused to execute its subcontract. The general contractor then awarded the masonry work to another subcontractor for $368,222 more than the original sub’s bid.
The GC filed suit – for recovery of $368,222 – against the defendant subcontractor during the course of the public project. The defendant sub objected, arguing to the court that the lawsuit was “premature.” At the heart of the prematurity argument: the sub urging that the general contractor filed suit before its right to recover damages had accrued.
Read the full story...Reprinted courtesy of
Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
Report Highlights Trends in Construction Tech, Digitization, and AI
November 11, 2024 —
Aarni Heiskanen - AEC BusinessBluebeam, a top technology provider for AEC professionals, has just released its “Building the Future: Bluebeam AEC Technology Outlook 2025” report. This report highlights key global trends in construction technology, including the role of AI and digital tools. Based on insights from over 400 AEC technology leaders, the report also uncovers challenges that prevent full-scale adoption of these tools.
The online research surveyed technology decision-makers (managers or above) within AEC firms in the US, UK, Canada, France, Spain, Germany, Australia, and New Zealand in July 2024.
AI’s Growing Role in Construction
According to the report, 74% of surveyed AEC professionals are now using AI in one or more phases of building projects. AI is especially popular in the design (48%) and planning (42%) stages. Many AEC firms recognize its value: over half (55%) of companies using AI say it’s crucial, and most now allocate up to 25% of their budgets to AI initiatives. Despite this support, concerns over AI regulation are significant. About 54% of respondents are worried about regulations, and 44% say this impacts their use of AI.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Insurer's Motion for Summary Judgment to Dispose of Hail Damage Claim Fails
November 25, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe court denied the insurer's motion for summary judgment seeking to dismiss the insured's complaint requesting coverage for hail damage and a claim for bad faith. Rodriquez v. State Farm Lloyds, 2024 U.S. Dist. LEXIS 160007 (W.D. Tex. Sept. 5, 2024).
Mr. Rodriquez sought coverage under his homeowners policy after a hail and wind storm damaged his roof. After inspection, State Farm agreed that some minimal loss caused by hail was covered, but determined that the covered loss was less than the amount of the deductible. State Farm further determined that any hail damage to the roof was excluded by an endorsement, Exclusion of Cosmetic Loss to Metal Roof Coverings Caused by Hail. State Farm also determined that some damage was caused by previous faulty workmanship or wear and tear, both of which were excluded from coverage.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Meet BWB&O’s 2025 Best Lawyers in America!
September 09, 2024 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is proud to announce Partners
Nicole Whyte,
Keith Bremer,
Vik Nagpal,
John O’Meara,
Sheila Stiles,
Patrick Au, and
Nicole Schmidt have been selected by their peers for inclusion in the 31st edition of The Best Lawyers in America, and Partner
Devin Gifford, and Associates
Melissa Youngpeter,
Ryan Flanagan, and
Alexandria Zeis are included in the fifth edition of Best Lawyers: Ones to Watch in America. Each person is being recognized for their diligent work in the areas of Family Law, Construction, Commercial, Personal Injury, and Real Estate Litigation.
Reprinted courtesy of
Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
Read the full story...
How U.S. Design and Architecture Firms Can Profit from the Chinese Market and Avoid Pitfalls
December 23, 2024 —
Chengdong ("C.D.") Xing - The Dispute ResolverDespite recent challenges, including obvious political tensions, economic cooling in the PRC, and increased local competition, the Chinese market remains an attractive destination for U.S. design and architecture firms. For instance, PEI Architects has maintained its success in China through long-standing relationships with key clients and is currently involved in two major projects for the Bank of China: a 1.9 million-square-foot complex in Shanghai and a financial center in Haikou.[i] Similarly, NBBJ is playing a critical role in the development of Tencent’s Net City in Shenzhen, a 2-million-square-meter smart city project that aligns with China's goals of sustainable and tech-driven urbanization.[ii] These examples show that while the Chinese market presents challenges, it continues to offer significant opportunities, particularly in sectors where innovative and cutting-edge architectural solutions are in high demand. At the same time, U.S. firms should exercise care: proper advance planning and strategic alliances are crucial for profitable forays into the Chinese market.
JR Design Project: A Cautionary Tale
When operating in China, U.S. design firms often encounter regulatory challenges, particularly with respect to China’s strict qualification requirements for architectural design services. Failure to meet these requirements can result in serious legal issues, including the potential invalidation of design contracts, as demonstrated in a leading case decided by the Supreme People’s Court of PRC (the nation’s highest court).
Read the full story...Reprinted courtesy of
Chengdong ("C.D.") Xing, Rajah & Tann Singapore LLPMr. Xing may be contacted at
chengdong.xing@rajahtann.com
Designer of World’s Tallest Building Wants to Turn Skyscrapers Into Batteries
July 31, 2024 —
Will Wade - BloombergThe architecture firm that designed the world’s tallest building is considering ways to build skyscrapers that can store energy using gravity.
Skidmore, Owings & Merrill LLP has developed a series of prototype designs that use electric motors to elevate massive blocks, creating potential energy that can be converted into electricity when the blocks are lowered. The designs are based on technology developed by partner Energy Vault Holdings Inc. as an alternative to lithium-ion batteries and other types of chemical cells. They are seeking developer partners interested in offsetting greenhouse gas pollution from buildings, which the United Nations estimates are responsible for almost 40% of global emissions.
The concept is similar to widely used pumped hydroelectric plants. Energy Vault completed its first major project this month near Shanghai, a stand-alone storage system that can supply as much as 25 megawatts of power for four hours. Other companies are testing new types of gravity storage systems, including ones using abandoned oil wells and mines.
Read the full story...Reprinted courtesy of
Will Wade, Bloomberg
Dispute Over Amount Insured Owes Public Adjuster Resolved
January 14, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe court addressed a dispute over fees that the insureds allegedly owed the public adjuster. Public' Adjuster's, LLC v. Mark Gottesdiener & Co., et al., 2024 Conn. Super. LEXIS 2352 (Conn. Super. Ct. Nov. 6. 2024).
The insureds owned an apartment building that was substantially damaged by a fire. The building was insured by Quincy Mutual Group. The insureds signed a Public Adjuster Employment Contract with The Public's Adjuster, LLC (Adjuster). The contract authorized Adjuster to negotiate the reimbursable damages with Quincy on the insureds' behalf. Adjuster was to recover 8 1/2% of any amounts received by the insureds.
Because of the extent of the fire damage, the work of negotiating a settlement with Quincy proved to be complex. Adjuster meticulously prepared several detained written estimates to by submitted to Quincy.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace
October 01, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, UBS to liquidate $2 billion real estate fund, hotel workers in San Francisco vote to strike, housing market to change after blockbuster settlement, and more!
- When it comes to buying and selling homes, new rules are about to be put in play, five months after the National Association of Realtors agreed to a settlement over how its 1.5 million agents across the U.S. are paid commissions. (Kate Gibson, CBS)
- Project abandonments tumbled in July in one of the largest monthly declines ever due to the anticipated interest rate cut. (Sebastian Obando, Construction Dive)
- Increases in energy prices drove most of the total rise in construction input costs over the past month. (Sebastian Obando, Construction Dive)
OSHA Updates: New Submission Requirements for Injury and Illness Records
Public Housing Takes Priority in Biden Spending Bill
California Home Sellers Have Duty to Discl
Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims
Bar to Raise on Green Standard
Where There's Smoke...California's New Emergency Wildfire Smoke Protection Regulation And What Employers Are Required To Do
Colorado Legislature Kills SB 20-138 – A Bill to Extend Colorado’s Statute of Repose
California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the Summary Judgment Stage
Remand of Bad Faith Claim Evidences Split Among Florida District Courts
Nuclear Energy Gets a Much-Needed Boost
ARUP, Rethinking Green Infrastructure
Modular Homes Test Energy Efficiency Standards
Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim
Lessons Learned from Implementing Infrastructure BIM in Helsinki
North Carolina Appeals Court Threatens Long-Term Express Warranties
Real Estate & Construction News Roundup (4/17/24) – Travel & Tourism Reach All-Time High, President Biden Emphasizes Housing in SOTU Address, and State Transportation Projects Under Scrutiny
Payne & Fears LLP Recognized by U.S. News & World Report and Best Lawyers in 2023 “Best Law Firms” Rankings
Insurer’s Duty to Defend: When is it Triggered? When is it Not?
London’s Best Districts Draw Buyers on Italian Triple Dip
A Retrospective As-Built Schedule Analysis Can Be Used to Support Delay
President Trump’s Infrastructure Plan Requires a Viable Statutory Framework (PPP Statutes)[i]
Contractual Assumption of Liability Does Not Bar Coverage
Reports of the Death of SB800 are Greatly Exaggerated – The Court of Appeal Revives Mandatory SB800 Procedures
Real Estate & Construction News Roundup (10/23/24) – Construction Backlog Rebounds, Real Estate Sustainability Grows, and Split Incentive Gap Remains Building Decarbonizing Barrier
New Jersey Supreme Court Hears Insurers’ Bid to Overturn a $400M Decision
White and Williams Announces Partner and Counsel Promotions
Ornate Las Vegas Palace Rented by Michael Jackson for Sale
Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue
Large Canada Employers and Jobsites Mandate COVID-19 Vaccines
‘Revamp the Camps’ Cabins Displayed at the CA State Fair
OSHA Penalties—What Happened with International Nutrition
NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers
Real Estate & Construction News Round-Up (09/21/22) – 3D Printing, Sustainable Design, and the Housing Market Correction
Affirmed
DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case
Chinese Billionaire Sues Local Governments Over Project Payment
Cape Town Seeks World Cup Stadium Construction Collusion Damages
Housing Agency Claims It Is Not a Party in Construction Defect Case
Candis Jones Named to Atlanta Magazine’s 2022 “Atlanta 500” List
How A Contractor Saved The Day On A Troubled Florida Condo Project
Auditor: Prematurely Awarded Contracts Increased Honolulu Rail Cost by $354M
Colorado Mayors Should Not Sacrifice Homeowners to Lure Condo Developers
Ohio subcontractor work exception to the “your work” exclusion
Inspectors Hurry to Make Sure Welds Are Right before Bay Bridge Opening
The First UK Hospital Being Built Using AI Technology
Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”
Contractor Sues Yelp Reviewer for Defamation
Concerns Over Unstable Tappan Zee Bridge Push Back Opening of New NY Bridge's Second Span
Construction Halted in Wisconsin Due to Alleged Bid Issues
Where Mechanic’s Liens and Contracts Collide
Chutes and Ladders...and Contracts.
New Jersey Condominium Owners Sue FEMA
California Supreme Court Confirms the Right to Repair Act as the Exclusive Remedy for Seeking Relief for Defects in New Residential Construction