Meet Your Future Team Members: AI Agents
December 10, 2024 —
Aarni Heiskanen - AEC BusinessIf you’ve been following the discussion around AI, you’re familiar with the concept of AI agents.
AI agents can be understood as intelligent automation that operates independently, monitoring its environment and taking action without constant human input. Unlike traditional software requiring specific inputs to produce predictable outputs, AI agents can adapt to varying conditions and user needs.
AI agents can be based on various technologies, including Large Language Models. They can also be constructed using other AI technologies, such as rule-based systems, machine learning algorithms, and specialized models tailored to specific tasks.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:
January 17, 2022 —
Ted Senet - Gibbs Giden- Aas v. Superior Court (2000) 24 Cal. 4th 627 – economic loss rule
- Amelco Electric v. City of Thousand Oaks ( (2002) 27 Cal. 4th 228 – abandonment does not apply to public works – total cost theory is allowed
- Beacon Residential Community Association v. Skidmore, Owings & Merrill (2014) 59 Cal. 4th 568 – architect liable in absence of privity
- Cates Const., Inc. v. Talbot Partners (1999) 21 Cal.4th 28 – no tort recovery on bonds – performance bonds can cover contract warranties
- Condon-Johnson & Associates, Inc. v. Sacramento Municipal Utility Dist., 149 Cal. App. 4th 1384 – liability for concealed conditions
- Connolly Development, Inc. v. Superior Court of Merced County (1976) 17 Cal. 3d 803 – mechanic lien remedy is constitutional
- Crawford v. Weather Shield Mfg. (2008) 44 Cal. 4th 541 – indemnity implies obligation to defend [now limited to commercial contracts under CCP 2782 (c)–(h)]
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Ted Senet, Gibbs GiddenMr. Senet may be contacted at
tsenet@gibbsgiden.com
Home-Building Climate Warms in U.S. as Weather Funk Lifts
May 20, 2015 —
Sho Chandra and Steve Matthews – BloombergThe surge in April housing starts sends a clear signal that bad weather was the root cause of weak readings in the first quarter. The question now is whether the rebound is strong enough to lift the world’s largest economy.
Builders broke ground on 1.14 million homes at an annualized rate last month, the most since November 2007 and up 20.2 percent from March, figures from the Commerce Department showed Tuesday in Washington. It was the single-biggest monthly surge since 1991, with both the Northeast and Midwest taking part, clearly showing milder temperatures had a hand.
The rebound in home building is shaping up to be large enough to make a meaningful contribution to economic growth this quarter. Nonetheless, because residential construction accounts for less than 4 percent of the economy, it would take big gains to make up for what’s likely to be sustained weakness in manufacturing caused by slowing exports and cuts in business investment by the energy industry.
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Sho Chandra, Bloomberg and
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White House Plan Would Break Up Corps Civil-Works Functions
July 18, 2018 —
Tom Ichniowski - Engineering News-RecordAs part of a sweeping federal government reorganization proposal, the White House has recommended shifting the Army Corps of Engineers’ civil-works operation to the Dept. of Transportation and the Dept. of the Interior.
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Tom Ichniowski, ENRMr. Ichniowski may be contacted at
ichniowskit@enr.com
California Builders’ Right To Repair Is Alive
March 19, 2014 —
David J. Byassee - Ulich & Terry LLPThe California Supreme Court surprised everyone on December 11, 2013 when it denied Brookfield Homes’ request for review of the ruling in the case of Liberty Mutual Ins. Co. v. Brookfield Crystal Cove, LLC (2014) 219 Cal.App.4th 98, which was decided by the Court of Appeal for the Fourth Appellate District Division Three (Orange County). In that case the Court of Appeal held that the Right to Repair Act aka SB800 is not the exclusive remedy for a homeowner seeking damages for construction defects that have resulted in property damage. Under the ruling, homeowners may choose to sue builders under common law theories of liability such as strict liability and negligence, in addition to liability under the Act. This ruling made homeowners' compliance with the prelitigation requirements of the Act optional and thereby put builders' “right to repair” in jeopardy. The ruling undermined the expectations of California's homebuilders who, for the past decade, understood that their liability is limited by the Act and that they have a right to repair.
Since the Liberty Mutual case was handed down, the topic has become a hotbed item with several divisions of the Court of Appeal. On February 19, 2014, the Court of Appeal for the Second Appellate District Division Three (Los Angeles County) issued a ruling against Premier Homes in the case of Burch v. Superior Court 2014 Cal.App.LEXIS 159 that, without independent analysis, simply adopted the holding in the Liberty Mutual case.
But on February 21, 2014, the Court of Appeal for the Second Appellate District Division Four (Los Angeles County) ruled in the case of KB Home Greater Los Angeles, Inc. v.Superior Court 2014 Cal.App.LEXIS 167 that a homeowner's failure to give the builder an opportunity to inspect and repair a construction defect excused the builder's liability under the Act. Additionally, the Court of Appeal went out of its way to state it had ruled earlier in that case that the Act is the exclusive remedy.
The various rulings lay a foundation for ultimate intervention by the California Supreme Court. In the meantime, these opposing cases will be cited by counsel for homeowners and builders alike for opposing positions as they continue to navigate construction defect disputes.
Mr. Byassee is a strategic litigator specializing in representation of builders and developers. For more information regarding dispute resolution procedures under SB800, Mr. Byassee may be contacted at (949) 250-9797 or by email at dbyassee@ut-law.com.
Published courtesy of
David J. Byassee, Ulich & Terry LLP
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Arbitration Clause Found Ambiguous in Construction Defect Case
October 28, 2011 —
CDJ STAFFThe California Court of Appeals ruled on September 28 in the case of Burch v. Premier Homes. Ms. Burch bought a home after negotiating various addendums to the contract. The contract was a standard California Association of Realtors contract to which both the buyer and seller made additions. At issue in this case was paragraph 17 of the contract which included that “Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration.”
The seller/defendant’s Addendum 2 “included provisions relating to the arbitration of disputes that may arise.” Ms. Burch’s realtor, Lisa Morrin, told Burch that “she had never seen a proposed contractual provision that would require a home buyer to agree to arbitrate with a builder over construction defects.” Ms. Burch told Morrin that she did not want to buy the property if she would have to give up her rights under California law.
As part of Addendum 2, the buyer had to buy a warranty from the Home Buyers Warranty Corporation. The sale was held up for a while, as Ms. Burch waited for a copy of the warranty. When she received it, she took further exception to Addendum 2. Scott Warren of Premier Homes said he could not sell the property without Addendum 2. Ms. Burch told her realtor that despite the claims made by Mr. Warren that this was for her benefit, she felt it was more to the benefit of Premier Homes. Don Aberbrook of HBW agreed to the clause, contained in the final sentence of Addendum 2, being struck.
Subsequent to buying the home, Burch submitted a claim concerning construction defects. HBW denied the claim and Burch began an action against the defendants. Premier filed a motion to compel arbitration which Burch opposed.
The trial court ruled that the striking out of the arbitration clause at the end of Addendum 2 “created a conflict with respect to the parties’ intent as to the scope of arbitration.” The trial court found that “the parties’ intention was to preserve Burch’s right to make state law claims including her right to a jury trial for any non-warranty claims against the builder.”
The appeals court in their ruling looked at the standard of review and concluded that the purchase agreement was ambiguous and that extrinsic evidence was required to resolve that ambiguity. As the contract contained contradictory provisions as to whether or not arbitration was required, it was necessary for the trial court to examine these claims. The appeals court found that the evidence supported the conclusions of the trial court.
Finally, the appeals court found that “there was no valid agreement to arbitrate disputes.” The court noted that arbitration can only happen by mutual consent and “it is clear that Burch did not enter into an agreement to arbitrate any construction defect disputes she might have.”
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Real Estate Developer Convicted in $1.3 Billion Tax Case After Juror Removed
October 17, 2023 —
David Voreacos - BloombergA real estate developer was convicted for promoting $1.3 billion in fraudulent tax deductions after a judge removed a deliberating juror who told the judge she was “standing up for White people.”
Jack Fisher was found guilty Friday in Atlanta federal court of selling tax deductions to wealthy individuals using so-called syndicated conservation easements, which offer tax breaks for the promise to avoid developing land. Prosecutors said Fisher relied on exaggerated appraisals and backdated documents in the scheme, which earned him tens of millions of dollars.
Jurors also convicted a lawyer who worked with Fisher, James Sinnott. Attorneys for Fisher and Sinnott didn’t immediately respond to a request for comment.
The nine-week trial nearly came undone by conflicts over race and class within the jury, which began deliberating on Sept. 14. Last week, jurors told US District Judge Timothy Batten they were “hopelessly hung.” Jurors also complained that Juror 26, a White woman, refused to deliberate.
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David Voreacos, Bloomberg
Meet the Forum's In-House Counsel: KATE GOLDEN
February 19, 2024 —
Jessica Knox - The Dispute ResolverCompany: Mortenson
Email: kate.golden@mortenson.com
Website: www.mortenson.com
College: University of Iowa (Bachelor of Science in Engineering, 1991)
Graduate School: University of Minnesota (Master of Science in Civil Engineering, 1994)
Law School: William Mitchell College of Law (now Mitchell | Hamline School of Law) (JD 1999)
States Where Company Operates/Does Business: Mortenson is a national builder and developer with 13 regional office locations.
Q: Describe your background and the path you took to becoming in-house counsel.
A: In high school, I loved math and science, so I attended the University of Iowa College of Engineering and studied civil engineering, with a focus on environmental engineering. To practice environmental engineering at that time, you generally needed a master’s degree, so I attended the University of Minnesota, where my thesis for my degree program was “Organochlorines in Lake Michigan.” I then worked as an environmental engineer for a consulting firm called Montgomery Watson (now MWH) assisting clients with various environmental issues from air permitting to watershed reports to risk assessments of contaminated sites.
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Jessica Knox, Stinson LLPMs. Knox may be contacted at
jessica.knox@stinson.com
