"On Second Thought"
October 28, 2024 —
Daniel Lund III - LexologyRehearing requests are seldom granted by courts, and when they are, there’s usually something uniquely compelling in the request and the granting.
So is the case in a matter involving monies deposited in the registry of the federal court in New Orleans related to work performed on cleanup after Hurricanes Maria and Irma in the U.S. Virgin Islands. The party depositing monies – which represented subcontract sums paid to it by the general contractor – held back several hundred thousand dollars based on withholding provisions in the various contracts in play. The Court was tasked with evaluating not only a pay-when-paid provision in the subcontract of the claiming party, but also incorporation of the terms of a higher tiered contract which allowed for the withholding.
The Court initially granted summary judgment allowing the monies to be withheld. However, on request for rehearing, it was pointed up that while monies could be retained for purposes of covering attorney’s fees and costs related to litigation initiated by the plaintiff subcontractor’s vendors, there was a particular process for that withholding – and an assertion that the process was not followed.
Read the full story...Reprinted courtesy of
Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
How Finns Cut Construction Lead Times in Half
December 17, 2024 —
Aarni Heiskanen - AEC BusinessRakennustieto organized a Q&A on December 5, 2024, titled “Halving Construction Lead Times—Responsible or Irresponsible?” The discussion focused on speeding up residential construction and renovations.
The experts answering questions were representatives from two Finnish contractors (COfLOW and Fira), a client organization (HOAS), a building materials retailer (STARK), and a research institute.
Can you halve construction lead time without sacrificing quality?
Jaana Matilainen of Rakennustieto asked the panelists whether halving construction time is a realistic goal today, whether they can provide any examples, and if the speed-up has increased or decreased quality.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Hawaii Supreme Court Reaffirms an "Accident" Includes Reckless Conduct, Finds Green House Gases are Pollutants
November 18, 2024 —
Tred R. Eyerly - Insurance Law HawaiiAnswering certified questions from the federal district court, the Hawaii Supreme Court reaffirmed its prior holding that reckless conduct is an "occurrence' or accident. The court further held that green house gas (GHG) emissions were pollutants under liability policies. Aloha Petroleum, Ltd. v. National Union Fire Ins. Co. of Pittsburg, PA., et al., 2024 Haw. LEXIS 179 (Haw. Oct. 7, 2024). [Disclosure - our office was co-counsel on an amicus brief in this case filed on behalf of the United Policyholders].
The City and County of Honolulu and the County of Maui sued several fossil fuel companies, including Aloha Petroleum, Ltd., for climate change-related harms. The suits alleged that the fossil fuel industry knew beginning in the 1960s that its products would cause catastrophic climate change. Rather than mitigate their emissions, defendants concealed their knowledge of climate change, promoted climate science denial, and increased their production of fossil fuels. Defendants' actions, the complaints alleged, increased carbon emissions, which caused significant damage to the counties.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Unlocking the Hidden Power of Zoning, for Good or Bad
October 21, 2024 —
David Zipper - BloombergNo longer dismissed as an insomnia-curing corner of local governance, zoning is having a moment. It’s at the heart of the pro-housing Yes In My Backyard — or YIMBY — movement, which seeks to reform the rules that mandate the construction of single-family homes across much of the US, and the arcane details of land use policy are being debated in national outlets and city councils across the US. In much of this discourse, zoning is the clear villain, blamed for feeding societal ills ranging from housing costs to racial discrimination to greenhouse gas emissions.
In her new book Key to the City, Sara Bronin examines zoning with a critical but sympathetic eye. Bronin brings deep experience to the topic, having studied zoning as an architect and lawyer before overhauling the land use regulations of Hartford, Connecticut. A professor of architecture and planning at Cornell University (and an occasional Bloomberg CityLab contributor), she is currently on leave to chair the federal Advisory Council on Historic Preservation.
Read the full story...Reprinted courtesy of
David Zipper, Bloomberg
BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
December 23, 2024 —
David M. McLain – Colorado Construction Litigation BlogIn the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial reminder of the limitations imposed by Colorado’s Anti-Indemnification Statute, C.R.S. § 13-21-111.5, and its implications for contracts in the construction industry.
This case arose from a Master Service Contract (“MSC”) between BKV Barnett, LLC (“BKV”) and Electric Drilling Technologies, LLC (“EDT”), in which EDT provided electrical services and equipment to an oil and gas lease wellsite in Texas. Following a lightning strike in early 2022 that damaged electrical infrastructure at the site, EDT dispatched Turn Key Utility Construction to repair the damage. During the repair work, an arc flash occurred, causing significant injuries to one of Turn Key’s employees, Matthew Lara, leading to a personal injury lawsuit filed by Lara in Dallas County, Texas. BKV sought indemnification, defense, and additional insured status from EDT under the terms of their MSC, which EDT contested.
Read the full story...Reprinted courtesy of
David McLain, Higgins, Hopkins, McLain & RoswellMr. McLain may be contacted at
mclain@hhmrlaw.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)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
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
Delays and Suspension of the Work Under Fixed Price Government Contract
July 22, 2024 —
David Adelstein - Florida Construction Legal UpdatesHere is an interesting fact pattern and case decided by the Civilian Board of Contract Appeals dealing with (1) force majeure type events and epidemics (Covid-19); (2) suspension of the work; and (3) delays. These are three topics important to all contractors including federal contractors.
In Lusk Mechanical Contractors, Inc. v General Services Administration, 2024 WL 1953697, CBCA 7759 (CBCA 2024), a contractor entered into a fixed price contract with the government to repair, replace, and modernize site and building systems at a federal building. The contractor commenced work right be
Boston Water Main Break Floods Trench and Kills Two WorkersThink Before you Execute that Release – the Language in the Release Matters!Maryland Finally set to Diagnose an Allocation Method for Progressive InjuriesA Lien Might Just Save Your Small Construction BusinessCourt of Appeals Confirms that King County Superior Court’s Jury Selection Process Satisfies Due Process Requirements2017 Construction Outlook: Slow, Mature Growth, but No Decline, ExpectedKansas City Airport Terminal Project Faces Delays, Rising CostsToolbox Talk S
Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute
Nashville Stadium Bond Deal Tests Future of Spectator Sports
The National Building Museum’s A-Mazing Showpiece
Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss
Nine Haight Attorneys Selected for Best Lawyers®: Ones to Watch 2021
Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union
Construction Attorneys Get an AI Assist in Document Crunch
The Brexit Effect on the Construction Industry
Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
Your Contract is a Hodgepodge of Conflicting Proposals
Las Vegas HOA Conspiracy & Fraud Case Delayed Again
The Murky Waters Between "Good Faith" and "Bad Faith"
Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit
Evacuations in Santa Barbara County as more Mudslides are Predicted
Six Reasons to Use Regular UAV Surveys on Every Construction Project
A Quick Virginia Mechanic’s Lien Timing Refresher
One Sector Is Building Strength Amid Slow Growth
The Power of Team Bonding: Transforming Workplaces for the Better
General Contractor’s Intentionally False Certifications Bar It From Any Recovery From Owner
Pennsylvania Considers Changes to Construction Code Review
The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”
World's Longest Suspension Bridge Takes Shape in Turkey
Using the Prevention Doctrine
Subcontractor Strength Will Drive Industry’s Ability to Meet Demand, Overcome Challenges
Affordable Global Housing Will Cost $11 Trillion
Duke Energy Appeals N.C. Order to Excavate Nine Coal Ash Pits
Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes
New Iowa Law Revises Construction Defects Statute of Repose
Indemnity Clauses—What do they mean, and what should you be looking for?
Four White and Williams Lawyers Recognized as "Lawyer of the Year" by Best Lawyers®
Real Estate & Construction News Roundup (5/22/24) – Federal Infrastructure Money, Hotel Development Pipelines, and Lab Space Construction
What is an Alternative Dispute Resolution?
Pennsylvania Modular Home Builder Buys Maine Firm
#11 CDJ Topic: Cortez Blu Community Association, Inc. v. K. Hovnanian at Cortez Hill, LLC, et al.
Competition to Design Washington D.C.’s 11th Street Bridge Park
Supreme Court of California Rules That Trial Court Lacking Subject Matter Jurisdiction May Properly Grant Anti-SLAPP Motion on That Basis, and Award Attorney’s Fees
San Francisco Airport’s Terminal 1 Aims Sky High
Adobe Opens New Office Tower and Pledges No Companywide Layoffs in 2023
How Will Today’s Pandemic Impact Tomorrow’s Construction Contracts?
Minnesota Supreme Court Dismisses Vikings Stadium Funding Lawsuit
L.A. Makes $4.5 Billion Bet on Olympics After Boston Backs Out
City Drops Impact Fees to Encourage Commercial Development
Farewell Capsule Tower, Tokyo’s Oddest Building
U.S. Navy Sailors Sue Tokyo Utility Company Over Radiation Poisoning
Nevada Construction Defect Lawyers Dead in Possible Suicides
Chicago Developer and Trade Group Sue City Over Affordable Housing Requirements
Washington First State to Require Electric Heat Pumps
Court Denies Insurers' Motions for Summary Judgment Under All Risk Policies
Bridge Disaster - Italy’s Moment of Truth
Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on Their Successful Motion for Summary Judgment!
Construction Arbitration But Were Afraid to AskCalling the ShotsAre You Ready For 2015?SunCal Buys Oak Knoll Development for the Second Time"Your Work" Exclusion Bars Coverage for Contractor's Faulty Workmanship 
