Breath of Fresh Air
February 14, 2023 —
Rachel E. Pelovitz - Construction ExecutiveFor the first time since 2012, the Environmental Protection Agency updated and strengthened air quality standards. Construction sites are responsible for 14.5% of particulate matter in the air and 8% of total emissions in the United States.
With that in mind, Construction Executive has spoken with Serene Al-Momen, Ph.D. and chief executive officer of
Attune, in an exclusive interview. Al-Momen is an expert in air quality and offers her opinion on standards, consequences and the impact on the construction industry—which she has specific experience with due to Attune’s relationship with
Clark Construction, a member of
Associated Builders and Contractors.
CONSTRUCTION EXECUTIVE: What is important about air quality standards in general?
Serene Al-Momen: Air quality standards regulate the amount of pollution that's allowed to be emitted into the atmosphere.
Reprinted courtesy of
Rachel E. Pelovitz, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board
July 01, 2019 —
Kristen E. Andreoli - White and William's Taking Care of Business BlogOn April 10, 2019, the New York City Council adopted Intro No. 1253 – the largest effort in a series of bills known as the Climate Mobilization Act. Intro No. 1253 enacts new regulations to reduce the city’s current largest source of carbon emissions – the operation of buildings.
Jared Brey, in his April 25, 2019 article in U.S. News and World Report, “How an Evolving Movement Pushed NYC to Address the Climate Crisis,” states that “[i]n the city, around 70% of carbon emissions are produced by buildings, and around half of all building emissions are produced by just 2% of structures larger than 25,000 square feet that are covered by the bill.”
The level of development, population density and relative economic power of a city such as New York have made this bill particularly interesting to other jurisdictions around the globe which may be considering their own similar legislation. In his article, Brey cites David Miller, a former mayor of Toronto and the North American regional director for C40, a group of cities coordinating strategies to meet the goals of the Paris Agreement:
“I think what New York has done is globally significant … It’s really a huge step forward, using the city’s powers and influence to directly address a huge source of greenhouse gas emissions without waiting for the national government or the international community to act.”
Several other jurisdictions have already begun to approach this issue, generally either by passing bills or creating task forces to further investigate how to meet stated emissions reduction goals. In 2018, Governor Jerry Brown of California signed an executive order with a stated goal of net-zero carbon emissions within the state by the year 2045. The California State Assembly subsequently passed a bill creating a task force to investigate the potential to reduce the emission of greenhouse gasses by both commercial and residential buildings by 2030, although their plan is not due until January 1, 2021. The city of San Jose has implemented new building standards for all new residential buildings to be net-carbon neutral by 2020, and all new commercial buildings must be so by 2030.
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Kristen E. Andreoli, White and Williams LLPMs. Andreoli may be contacted at
andreolik@whiteandwilliams.com
Rancosky Adopts Terletsky: Pennsylvania Supreme Court Sets Standard for Statutory Bad Faith Claims
September 28, 2017 —
John Anooshian & Sean Mahoney - White & Williams LLPEarlier today, in a case of first impression, the Pennsylvania Supreme Court adopted the Terletsky two-part test for proving a statutory “bad faith” claim under 42 Pa. C.S.A. § 8371, which requires that a plaintiff present “clear and convincing evidence (1) that the insurer did not have a reasonable basis for denying benefits under the policy and (2) that the insurer knew of or recklessly disregarded its lack of a reasonable basis.” Rancosky v. Washington National Insurance Company, No. 28 WAP 2016 (Pa. Sept. 28, 2017). The court further ruled that proof of an insurer’s “subjective motive of self-interest or ill-will,” while potentially probative of the second prong of the test, is not a requirement to prevail under § 8371. Evidence of an insurer’s “knowledge or reckless disregard for its lack of a reasonable basis” for denying a claim alone, according to the court, is sufficient even in cases seeking punitive damages.
Reprinted courtesy of
John Anooshian, Saxe Doernberger & Vita, P.C. and
Sean Mahoney, Saxe Doernberger & Vita, P.C.
Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com
Mr. Mahoney may be contacted at majoneys@whiteandwilliams.com
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Denver Airport Terminates P3 Contract For Main Terminal Renovation
November 12, 2019 —
Mark Shaw - Engineering News-RecordIn a move that stunned transportation planners around the country, Denver International Airport terminated the contractor team working on a $650-million terminal renovation. The move also ended the airport’s $1.8-billion public-private partnership with Great Hall Partners, a consortium led by Ferrovial Airports, with partners Saunders/JLC Infrastructure.
Mark Shaw, Engineering News-Record
Mr. Shaw may be contacted at shawm@enr.com
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Not So Universal Design Fails (guest post)
April 28, 2016 —
Melissa Dewey Brumback – Construction Law in North CarolinaToday we have a guest post from Carla Williams, who works in customer service for the
Williams Brothers Corporation of America. Carla humorously brings light to a serious problem– the intent behind ADA and Universal Design is very often not met with poorly-thought out applications in the real world. Enjoy, and feel free to leave a comment for Carla below.
Universal design is the idea that architecture should be inherently accessible to everyone. The growing number of architects adopting universal design is great news for people with accessibility needs. Instead of having separate entrances and walkways to make a building accessible, universal design allows people of all abilities to move together.
Unfortunately, many buildings are stuck back in 1990 right after the Americans with Disabilities Act was made law. These buildings may be technically “accessible,” but they aren’t spaces people with accessibility needs can maneuver very easily. Until all building designers come to understand and implement the beauty and functionality of universal design, the world is left with less than ideal accessibility. “Less than ideal” is a bit of an understatement. Many times full-on “accessibility fails” take place.
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Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
Five Types of Structural Systems in High Rise Buildings
November 02, 2020 —
Chris Jackson - Construction ExecutiveToday, many cities in different countries have high-rise buildings or more popularly known as skyscrapers. The concept of skyscraper was first used to define the more than 137-foot-high buildings constructed in Chicago in 1885. It is generally defined as one that is taller than the maximum height that requires mechanical vertical transportation for people. Usually, these buildings only have limited uses and are primarily focused on functioning as residential apartments, hotels and office buildings, though they occasionally include retail and educational facilities. Because high-rise buildings are among the largest buildings built, it is necessary that their commercial and office functions require a high degree of flexibility.
That’s why it is important for high-rise buildings to have structural systems or structural frames—the assembly of interrelated or interdependent elements that forms a complex structure. These structural systems are built and designed for resisting different loads. To further understand how structural systems work, take the human body as a comparison. If human bones are weak and not properly aligned, the human body as a whole will not be able to perform or work well. Structural systems, in the same way, would not be able to take loads if not built properly. After all, no one wants a toppling skyscraper. To give the readers more information about structural systems in high-rise buildings, this article will discuss some of them.
Reprinted courtesy of
Chris Jackson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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On to Year Thirteen for Blog
January 13, 2020 —
Tred R. Eyerly - Insurance Law HawaiiInsurance Law Hawaii hits twelve years of existence this week, 1347 posts later. We started in December 2007. We continue in order to keep up on developing issues in insurance law. We strive to keep readers abreast of new developments in cases from Hawaii and across the country.
Other Damon Key blogs to check out are inversecomdemnation.com [
here] authored by
Robert Thomas,
Mark Murakami's oceanlawhawaii.com [
here] and hawaiiconstructionlaw.com [
here] by
Anna Oshiro.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Counter the Rising Number of Occupational Fatalities in Construction
April 19, 2021 —
Joshua Jacobsen - Construction ExecutivePrior to the pandemic, the construction industry was experiencing mental and behavioral health stressors and increasing fatalities. The pandemic is contributing to these underlying conditions threatening the safety and wellbeing of the construction workforce:
- Workers in construction occupations experienced 1,066 fatalities, a 6.3% increase and the highest total since 2007. Across all industries slips, trips and falls resulted in 880 deaths, a 11.3% increase from the previous year;
- Increasing mental health challenges as evidenced by growing percentage of Americans starting therapy; and
- Rising risk of relapse to substance use disorders and especially opioid overdoses. Deaths from unintentional overdoses of non-medical drug or alcohol use while at work climbed slightly to 313, marking the seventh straight annual increase in this category.
Reprinted courtesy of
Joshua Jacobsen, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Mr. Jacobsen may be contacted at
jjacobsen@holmesmurphy.com