AI AEC Show: Augmenta Gives Designers Superpowers
December 31, 2024 —
Aarni Heiskanen - AEC BusinessIn
this episode of the AI AEC Show, host
Aarni Heiskanen interviews
Aaron Szymanski and
Francesco Iorio, the visionary founders of
Augmenta, to explore how generative AI is revolutionizing design. Augmenta’s platform gives designers superpowers by automating complex workflows, doubling productivity, and enabling better, faster decision-making.
Discover the fascinating origin story of Augmenta, born from the intersection of industrial design frustration and cutting-edge AI research.
Aaron and Francesco share how their backgrounds in manufacturing, design, and technology led them to tackle inefficiencies in the construction industry—starting with electrical raceway design. They reveal how their AI-powered tools save time and optimize designs for cost, sustainability, and constructability.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Los Angeles Wildfires Will Cause Significant Insured Losses, Ranking Amongst the Most Destructive in California's History
January 14, 2025 —
Morningstar DBRSWildfires currently burning in the Pacific Palisades, Eaton, Hurst and other Los Angeles neighborhoods will cause significant losses for the insurance industry, in
Morningstar DBRS’ view. The fires have already burned more than 1,100 homes and threaten more than 28,000 additional structures, according to local fire officials. Preliminary estimates point to total insured losses in excess of $8 billion depending on the final number of properties being affected by the wildfires. By way of comparison, the 2018 Woolsey Fire, which destroyed 1,643 structures just north of Los Angeles, caused more than $6 billion in property damages at that time. Morningstar DBRS expects the ongoing wildfires to have a negative but manageable impact on major property insurers active in the Californian market, with the impact somewhat mitigated by their use of reinsurance and their high degree of diversification. Similarly, losses should be manageable for the global reinsurance industry and not affect their credit profiles.
While leading U.S. property insurers are in good financial condition, the California property insurance market has been challenging because of high wildfire and other natural catastrophe risks combined with regulatory restrictions on coverage and pricing, leading many insurers to re-think their product offering, including an outright exit from the market. For example, market leaders such as State Farm and Allstate started reducing their exposure to the California market beginning 2022-2023. It is therefore possible that a larger than usual portion of the losses caused by the wildfires will be uninsured or may be covered under the California FAIR Plan, which is designed to provide fire coverage up to $3 million per home and spread the risk across the industry when it is not available from traditional carriers.
This event reinforces the need for adequate rate increases on home insurance in California, based on forward-looking pricing and catastrophe modelling, as well as for additional fire prevention and mitigation initiatives. However, property insurance affordability is likely to remain a challenge in the state going forward, with many property owners opting to remain uninsured or under-insured because of the high costs.
Toolbox Talk Series Recap - Guided Choice Mediation
November 05, 2024 —
Douglas J. Mackin - The Dispute ResolverIn the September 26, 2024 edition of Division 1's Toolbox Talk Series,
Clifford Shapiro presented on Guided Choice Mediation (“GCM”) and how it can lead to better outcomes in construction disputes.
GCM is an approach to mediation that focuses on early and efficient dispute resolution, which prominent mediators created as a public interest project.
Shapiro described his particular variant of GCM based on his experience while acknowledging that other Guided Choice Mediators’ processes may differ from his in various ways. Shapiro’s brand of GCM focuses on ensuring that parties have reasonable expectations and appropriate settlement authority prior to arriving at a mediation. Some of the strategies to help accomplish these noble goals are (i) early mediator engagement, (ii) mediator facilitation of information exchange, (iii) mediator involvement with insurance issues (particularly important in construction defect cases, especially those with multiple defendants), (iii) pre-mediation ex parte meetings, and (iv) mediator participation in risk analysis. These strategies are not typical in the more traditional/historic approach to mediation in which mediation is scheduled based on a scheduling order, mediation statements are sent to the mediator roughly a week before the scheduled mediation (and sometimes not even shared with anyone other than the mediator), and the parties speak with the mediator for the first time on the day of the mediation.
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Douglas J. Mackin, Cozen O’ConnorMr. Mackin may be contacted at
dmackin@cozen.com
A Game of Texas Hold’em: How Texas Stopped Wage Increases for Salaried Exempt Employees Nationwide
December 03, 2024 —
Matthew DeVries - Best Practices Construction LawConstruction contractors often have to deal with classification of employees, particularly those who work in the home office. Today’s guest post by
Alexandra Shulman and
Leah Lively addresses a recent court decision affecting the wage protection of employees under the the Fair Labor Standards Act (FLSA).
On November 15, 2024, a federal court in Texas vacated a U.S. Department of Labor (DOL) rule (the “2024 Rule”) that increased the minimum salary threshold for employees classified as exempt from overtime and minimum wage protections under the FLSA. The Texas court’s decision nullifies the 2024 Rule nationwide, effective immediately.
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Matthew DeVries, BuchalterMr. DeVries may be contacted at
mdevries@buchalter.com
Three Kahana Feld Attorneys Recognized in The Best Lawyers in America® 2025
September 23, 2024 —
Linda Carter - Kahana FeldNEW YORK – Sep. 4, 2025 – Kahana Feld is pleased to announce that Eric Bernhardt and Kraig Kilger were included in the 2025 edition of The Best Lawyers in America® and Alice A. Trueman was included in Best Lawyers: Ones to Watch® in America.
Eric Bernhardt was awarded for his work in Litigation – Insurance. Bernhardt is a partner in the firm’s Buffalo, NY office, admitted in New York and California, and a member of Kahana Feld’s national appellate practice group. His practice encompasses multiple types of litigation including the defense of New York Labor Law, construction, product liability, trucking, professional and medical malpractice, automobile accident, and general negligence cases.
Kraig Kilger was recognized in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation – Real Estate, and Real Estate Law. Kilger is a partner in Kahana Feld’s Irvine, CA office. His experience spans all phases of residential and commercial real estate development, including acquisitions, financing, planning, entitlement, development, construction, leasing, and sales.
Alice Trueman was recognized by Best Lawyers: Ones to Watch in the field of Personal Injury Litigation – Defendants. She is a litigation attorney in the firm’s Buffalo, NY office who focuses her practice on general liability defense and insurance defense. Ones to Watch recipients typically have been in practice for 5-9 years and are selected for their outstanding professional excellence in private practice.
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Linda Carter, Kahana FeldMs. Carter may be contacted at
lcarter@kahanafeld.com
Business Risk Exclusion Dooms Coverage for Construction Defect Claim
January 21, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe First Circuit, following Massachusetts law, found that coverage for allegations against the insured contractor for faulty workmanship were barred by the policy's (j) (6) Exclusion. Admiral Ins. Co. v. Tocci Bldg. Corp., 2024 U.S. App. LEXIS 28439 (1st Cir. Nov. 8, 2024).
Tocci Building Corporation was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (Toll). There were several work quality issues and delays on the project and Toll eventually terminated Tocci for alleged mismanagement of the project. Toll then filed a lawsuit against Tocci.
The claims against Tocci included (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil and settlement due to improperly backfill and soil compaction.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
The Importance of a Notice of Completion to Contractors, Subcontractors and Suppliers
August 12, 2024 —
William L. Porter - Porter Law GroupThe recording of a valid “Notice of Completion” with the County Recorder is an event of significance to owners, contractors, subcontractors and suppliers alike. The recording of a Notice of Completion is one of several methods used to trigger the time period for the recording of mechanics liens and service of stop payment notices. Although the recording of a Notice of Completion is not absolutely required on any given project, all those working in the construction industry should understand its significance.
When a valid Notice of Completion has not been recorded in relation to a construction project, a contractor, subcontractor, or supplier might from ninety to one hundred fifty days after completion of the project to record a mechanics lien or serve a stop payment notice to secure payment for their services on the project, depending on the facts. However, if a valid Notice of Completion is recorded, then the deadline under most circumstances accelerates and subcontractors and suppliers must record a mechanics lien or serve a stop payment notice within only thirty days thereafter. Under the same circumstances, a prime contractor has only sixty days after the recording of a valid Notice of Completion to record a mechanics’ lien. Failure to meet these deadlines often results in loss of the right to a mechanics lien or stop payment notice. There are limited exceptions to these general deadlines, depending on the facts. If you believe you may have missed an important deadline to seek collection of a construction debt, you should consult with a construction attorney immediately to secure your avenues of collection, including the mechanics lien and stop payment notice remedies, if still available.
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William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.
Montana Supreme Court Tackles Decade-Old Coverage Dispute Concerning Asbestos Mineworker ClaimsGOP, States, Industry Challenge EPA Project Water Impact RuleUtah Becomes First State to Enact the Uniform Commercial Real Estate Receivership ActAdministration Launches 'Buy Clean' Construction Materials PushSeattle’s Tallest Tower Said Readying to Go On the MarketGeorgia Supreme Court Says Construction Defects Can Be an “Occurrence”Steven Cvitanovic Recognized in JD Supra's 2017 Readers' Choice AwardsTrial Court's Award of Contractual Fees to Public Adjuster OverturnedA Win for Policyholders: Court Finds Flood Exclusion Inapplicable to Plumbing Leaks Caused by Hurricane RainfallFlorida Federal Court to Examine Issues of Alleg
Hail Drives Construction Spending in Amarillo
On the Ten Year Anniversary of the JOBS Act A Look-Back at the Development of Crowdfunding
EPA Issues New PFAS Standard, Provides $1B for Testing, Cleanup of 'Forever Chemicals'
Drywall Originator Hopes to Sell in Asia
New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”
Peckar & Abramson Once Again Recognized Among Construction Executive’s “Top 50 Construction Law Firms™”
Public Law Center Honors Snell & Wilmer Partner Sean M. Sherlock As Volunteers For Justice Attorney Of The Year
Federal Court in New York Court Dismisses Civil Authority Claim for COVID-19 Coverage
Las Vegas Sphere Lawsuits Roll On in Nevada Courtrooms
Florida “Property Damage” caused by an “Occurrence” and “Your Work” Exclusion
Workarounds for Workers' Comp Immunity: How to Obtain Additional Insured Coverage when the Named Insured is Immune from Suit
East Coast Evaluates Damage After Fast-Moving 'Bomb Cyclone'
The Hidden Dangers of Construction Defect Litigation: A Redux
California Limits Indemnification Obligations of Design Professionals
No Duty to Defend Construction Defect Claims under Kentucky Law
While You Were Getting Worked Up Over Oil Prices, This Just Happened to Solar
Insurer Must Defend and Indemnify Construction Defect Claims Under Iowa Law
Another Municipality Takes Action to Address the Lack of Condominiums Being Built in its Jurisdiction
Payne & Fears LLP Recognized by Best Lawyers in 2024 “Best Law Firms” Rankings
CA Court of Appeal Reinstates Class Action Construction Defect Claims Against Homebuilder
California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions
The California Legislature Return the Power Back to the People by Passing the California Consumer Privacy Act of 2018
Architect Sues over Bidding Procedure
The Heat Is On
COVID-19 Likely No Longer Covered Under Force Majeure
Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations
Mortgage Firms Face Foreclosure Ban Until 2022 Under CFPB Plan
California Senator Proposes Bill to Require Contractors to Report Construction Defect Cases
Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums
Missouri Asbestos Litigation Reform: New Bill Seeks to Establish Robust Disclosure Obligations
Harmon Tower Opponents to Try Mediation
Suffolk Construction Drywall Suits Involve Claim for $3 Million in Court Costs
Life After McMillin: Do Negligence and Strict Liability Causes of Action for Construction Defects Still Exist?
Traub Lieberman Partners Ryan Jones and Scot Samis Obtain Affirmation of Final Summary Judgment
'Regluing' Oregon State's Showcase for Mass Timber
Renters Who Bought Cannot Sue for Construction Defects
Does Stricter Decertification Mean More “Leedigation?”
"Multiple Claims" Provisions on Contractor's Professional Liability Policy Creates a Trap for Policyholders
Claims for Breach of Express Indemnity Clauses Subject to 10-Year Statute of Limitations
Battle of “Other Insurance” Clauses
No Jail Time for Disbarred Construction Defect Lawyer
Slowing Home Sales Show U.S. Market Lacks Momentum: Economy
Unjust Enrichment and Express Contract Don’t Mix
Fifth Circuit Certifies Eight-Corners Duty to Defend Issue to Texas Supreme Court
Partners Nicole Whyte and Karen Baytosh are Selected for Inclusion in Best Lawyers 2021 and Nicole Nuzzo is Selected for Inclusion in Best Lawyers: Ones to Watch
House of the Week: Spanish Dream Home on California's Riviera
Hurricane Ian: Discussing Wind-Water Disputes
Construction Defect Litigation at San Diego’s Alicante Condominiums?
Construction Litigation Roundup: “How Bad Is It?”
Texas res judicata and co-insurer defense costs contribution