Can an App Renovate a Neighborhood?
August 10, 2021 —
Patrick Sisson - BloombergOn a sleepy stretch of West Jefferson Boulevard not far from downtown Los Angeles, cars typically speed past blocks of old warehouses and blank retail facades for destinations elsewhere. But slow down, hit the sidewalk and peek into and around a few buildings, and you’ll see the telltale signs of renovation: sandblasted walls, new windows, work crews and exposed wood beams.
In an expansive brick building that once housed a child-care center before reverting to a warehouse, an inside-out renovation for a future food hall has stripped the wooden ceiling down to gorgeous bow trusses, sunlight filtering through the gaps and lighting up a floor of dirt filled with tracks from heavy machinery.
This string of commercial development, 20 buildings in total, isn’t a typical project, nor does it rely on traditional sources of financing. A clue can be found on the white and orange signs above a handful of buildings between La Brea Avenue and Crenshaw Boulevard, beckoning potential tenants to call Fundrise for leasing opportunities for built-to-suit office/retail.
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Patrick Sisson, Bloomberg
Florida County Suspends Impact Fees to Spur Development
November 18, 2011 —
CDJ STAFFHernando County, just north of Tampa on Florida’s west coast, has suspended impact fees for a year, hoping to spur development. Hernando Today reports that the move drew applause from the audience at the county commissioners meeting. Many of those in attendance were builders or members of the Greater Hernando Chamber of Commerce.
Not all were convinced. Frankie Burnett, the mayor of Brooksville, told the commissioners that his city council were not convinced that this would spur development. “Development should pay its fair share, even in slow economic times.” Burnett’s letter to the board warned that “if lowering impact fees succeeded in stimulating more residential overbuilding, it would only further depress the current real estate market.”
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Florida Accuses Pool Contractor of Violating Laws
June 28, 2013 —
CDJ STAFFOne customer said that after his pool was finished, he started having problems with the concrete and tiles. He’s still waiting for the $7,300 he was awarded at arbitration. Others have complained that Nationwide Pools dug up their back yards and didn’t finish the work. Construction defects were not repaired, despite promises. And even after the company stopped doing any work anywhere, they continued to charge their customers “progress payments.”
The State of Florida has stepped into this, seeking restitution for homeowners who were charged for partially built or defective pools, and preventing the company officials from ever working in the pool construction industry. According to the suit, customers who complained about delays were told “a series of lies and misrepresentations about ‘supply shortages’ and ‘damaged items’ in order to string them along.”
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Louisiana District Court Declines to Apply Total Pollution Exclusion
December 15, 2016 —
William S. Bennett – Saxe Doernberger & Vita, P.C.The United States District Court for the Eastern District of Louisiana recently decided that a broad total pollution exclusion in a marine general liability policy did not bar coverage.
The insurer could not unambiguously establish, based on the facts of the underlying case, that waste from a shipyard’s sandblasting activities met the requirements of the exclusion.
The court found that the insurer could not meet Louisiana’s three-part test to determine whether the policy’s total pollution exclusion applied. The Doerr test requires an insurer to refer to the allegations in the underlying complaint to prove 1) the insured is a “polluter”, 2) the injury-causing substance is a “pollutant,” and 3) there was a “discharge, dispersal, seepage, migration, release or escape” of the pollutant.
Total pollution exclusions are extremely prohibitive for policyholders because they eliminate coverage for virtually all pollution incidents, but this decision reinforces that policyholders may still have a path to coverage.
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William S. Bennett, Saxe Doernberger & Vita, P.C.Mr. Bennett may be contacted at
wsb@sdvlaw.com
South Adams County Water and Sanitation District Takes Proactive Step to Treat PFAS, Safeguard Water Supplies
November 28, 2022 —
Cameron McWilliam – Brown and CaldwellDENVER, Colo., Nov. 15, 2022 — The South Adams Country Water and Sanitation District (District) is enhancing its water treatment process to meet EPA Health Advisory Levels (HALs) for per- and polyfluoroalkyl substances (PFAS) in drinking water supplies.
Deemed “forever chemicals,” PFAS is a group of human-made chemicals used in many applications, including stain- and water-resistant fabrics and carpeting, cleaning products, paints, and firefighting foams. PFAS are resistant to grease, oil, water, and heat and may enter water supplies from landfills, the use of firefighting foam (e.g., at airports, fire training facilities, petroleum fires, etc.), industrial sites, and wastewater treatment plant discharge.
The District’s water supply, serving over 67,000 residents in Commerce City and parts of unincorporated Adams County, comes primarily from 13 groundwater supply wells. As it continues to meet all federal and state drinking water requirements, the District has been proactively pursuing PFAS reduction strategies since it first discovered a low-level presence in its water supply through voluntary testing in 2018. Upon discovery, the District stopped drawing from its most impacted wells and has been purchasing additional treated water to blend into its supply to reduce PFAS levels along with optimizing use of their existing granular activated carbon treatment system.
“Ever since the District first began voluntarily testing for PFAS, we have been monitoring for these compounds and working to reduce their impact on our customers,” said District Manager Abel Moreno. “The EPA has moved the goalposts, and we are taking steps to reduce the presence of PFAS even further. We are committed to finding long-term, sustainable solutions to offer our community high-quality drinking water.”
To tackle the challenge, the District has hired leading environmental and construction services firm Brown and Caldwell to design a new 18 million gallons per day (MGD) ion exchange (IX) process at its Klein Water Treatment Facility. IX treatment is currently the most effective technology in removing PFAS/PFOA, consisting of a highly porous resin that acts as a powerful magnet to adsorb and hold onto the substances. The new system at the Klein facility will consist of seven IX treatment trains, a 375,000-gallon equalization tank, and six vertical turbine pumps to feed the IX trains from the District’s 13 groundwater supply wells.
Furthermore, nine 5-micron cartridge filters will be installed to remove particulate matter in the water before reaching the IX trains, thus increasing the efficacy of the treatment process.
Scheduled for completion by the end of 2026, the new IX treatment facility will provide a peak combined capacity of 26 MGD.
About South Adams County Water and Sanitation District
The South Adams County Water and Sanitation District is a special district providing water and sanitary sewer service to over 67,000 residents in Commerce City and parts of unincorporated Adams County. For more information about the District, please visit www.sacwsd.org
About Brown and Caldwell
Headquartered in Walnut Creek, California., Brown and Caldwell is a full-service environmental engineering and construction services firm with 52 offices and 1,800 professionals across North America and the Pacific. For 75 years, our creative solutions have helped municipalities, private industry, and government agencies successfully overcome their most challenging water and environmental obstacles. As an employee-owned company, Brown and Caldwell is passionate about exceeding our clients’ expectations and making a difference for our employees, our communities, and our environment. For more information, visit www.brownandcaldwell.com
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Prevent Costly Curb Box Damage Due on New Construction Projects
May 11, 2020 —
Bob Welker - Construction ExecutiveFor new construction projects in areas with acidic soils, keeping curb boxes in good working order is critical to avoid compromised water service, angry customers, and costly repair and replacement.
Traditionally, a curb box is composed of a metal tube that connects the cast iron base to a cast iron lid/cap. It is necessary for water line repairs and shut off in case of flooding. Typically, they are buried six to eight feet below ground, beneath the frost line. Curb boxes are found on every water line that connects a building to a city water main.
One major challenge is that many areas across the United States—including the East Coast, South, upper Midwest and Pacific Northwest—have acidic soil that rapidly corrodes cast iron infrastructure, including curb boxes. Soil with a pH of six or less is considered acidic.
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Bob Welker, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Getting U.S to Zero Carbon Will Take a $2.5 Trillion Investment by 2030
December 29, 2020 —
Will Wade & Eric Roston - BloombergIt’s going to take $2.5 trillion in spending over the next decade to get the U.S. on a path to a carbon-free economy, but the transition will help to pay for itself, Princeton University researchers say.
Achieving net-zero emissions by 2050 -- a central goal of President-elect Joe Biden’s climate plan -- would require expanding renewable-energy systems, building more efficient homes and putting 50 million electric cars on the road, according to a report released Tuesday.
The effort, two years in the making, is the first major assessment since the election detailing how the U.S. can transition to an energy system that satisfies scientific guidance for keeping the climate livable. While the upfront costs are significant, they would be offset by savings associated with switching to cheaper electricity and the creation of as many as 1 million new jobs, according to the researchers, who shared an earlier draft with Biden’s transition team.
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Will Wade & Eric Roston, Bloomberg
Order for Appraisal Affirmed After Insureds Comply with Post-Loss Obligations
April 15, 2015 —
Tred R. Eyerly – Insurance Law HawaiiThe Florida Court of Appeal affirmed an order compelling an appraisal because the insureds complied with their post-loss obligations under the policy. State Farm Fla. Ins. Co. v. Cardelles, 2015 Fla. App. LEXIS 2559 (Fla. Ct. App. Feb. 25, 2015).
The insureds suffered damage to their home after Hurricane Katrina on August 25, 2005, and again after Hurricane Wilma on October 24, 2005. After each hurricane, State Farm was notified. With the assistance of their public adjuster, the insureds submitted sworn proofs of loss for damages caused by each hurricane. After the deductible, State Farm paid $19,000 for the Hurricane Katrina claim and $13,000 for the Hurricane Wilma claim. The insureds repaired their roof and made minor repairs to their home with the State Farm payment, but claimed the payment was insufficient to fully repair the damage from the two hurricanes.
Four years later, the insureds hired a second public adjuster, who submitted a supplemental claim to State Farm for $127,000 in damages. State Farm requested documents and an updated sworn proof of loss. The insureds did not submit any additional documents because they had not made any additional repairs without further payment from State Farm. The insureds did, however, allow State Farm to make a further inspection of the damages.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com