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    What The U.S. Can Learn from China to Bring Its Buildings to New Heights

    November 15, 2022 —
    “China’s history is marked by thousands of years of world-changing innovations: from the compass and gunpowder to acupuncture and the printing press. No one should be surprised that China has re-emerged as an economic superpower.” —Gary Locke Westerners have often criticized China’s ‘creative’ interpretation of the concept of intellectual property, but even its harshest critics recognize the Asian superpower’s ability to build large-scale infrastructure projects at a breakneck pace. America does not want to emulate the absolute government control that has allowed China to build futuristic bridges and airports in record time. However, there are still some things we can learn from our biggest global competitor. The White House itself has invoked China’s grand achievements in its quest to secure more infrastructure funding from Congress. The administration believes that the only way to compete with China is to spend at least $2 trillion on upgrading bridges and mass transit, modernizing neighborhoods and airports, and making broadband access universal. The skylines of China’s largest metropolises are nothing short of mesmerizing. Its grand airports and auditoriums amaze tourists and locals alike. Explore any important Chinese city on Google maps, and you will find a level of modernization in infrastructure that far surpasses American cities of similar size. Scholars have coined the phrase “China envy” to refer to the effects of this phenomenon. According to urban planning historian Thomas J. Campanella, China is doing the kind of things America used to do: amazing the world with grand structures that push engineering and architecture forward. The question is, if China has emulated us, can we now emulate China? China Envy There are some basic differences between the two nations which make emulation difficult. On the one hand, China has leapfrogged from rudimentary infrastructure to suborbital spaceships and bullet trains. America is at a different stage and moves at a different pace. Chinese leaders don’t need approval from the opposition in Congress; they have total control. If the Chinese administration wants to build a bridge, they just go ahead and do it. Democracy is a bit more complicated, but we naturally welcome the complexities, considering how stifling the political atmosphere is under communist rule. Another difference some analysts have pointed out is that the current Chinese President and his predecessor both studied engineering, so they were naturally keen on innovation in their field. Meanwhile, U.S. presidents have seldom had such backgrounds. The American public has more often elected lawyers to rule over our nation. China envy is understandable. Our competitor is home to 49 of the planet’s 100 tallest skyscrapers. It also boasts a million bridges. While the U.S. spends 2.4 percent of GDP on infrastructure, China spends 8 percent. This was an important selling point for the White House’s ambitious infrastructure plan. Located in a mountainous region with over 1,500 rivers, China has built bridges of fantastic proportions to keep urban centers and important agricultural areas connected. The Pingtang Bridge in Guizhou province links two sides of a canyon that are 7,000 feet apart. The spectacular, 7-mile-long Hutong Yangtze River Bridge efficiently provides railway and highway access to Shanghai from Jiangsu province. As climate change forces us to reevaluate Americans’ preference for private cars and the neglect of our railway systems, the inferior car ownership that was once a disadvantage for China is now an advantage. By 2025, high-speed trains will service 98 percent of Chinese cities. Subways are common in many of them. Today, the country boasts a high-speed rail network totaling more than 23,500 miles, or eight times the distance between New York and LA. Chinese workers travel on bullet trains at 215 miles per hour, much faster than their American counterparts. The gap between China and the U.S. when it comes to infrastructure is one of astronomic proportions. A few years ago, Bill Gates announced that China had used as much cement in three years as the U.S. in 100 years. China currently produces 14 times more steel than the U.S. and about 2.2 gigatons of cement per year, roughly half of the 4.5 gigatons our country used in the 20th century. In China, city planners have not focused on short-term return on investment, but on broader societal benefits. For example, World Bank officials were not enamored with the idea of creating a subway in Shanghai; the region’s geology made the project far too complex. The World Bank suggested buses would be a better solution for the city’s transit, but Chinese officials didn’t listen and went ahead. Thirty years later, the Shanghai subway has become an example of efficiency, transporting more than 10 million people every day. It is as if China followed a different logic, one that often pays off. According to Mr. Campanella, “We need a bit of China to be stirred into our game. . . We’re over privileging the immediately affected residents. What we don’t do is give requisite weight to the larger society.” China’s modernization has, however, not been without cost. Accelerated construction creates pollution, and not all the country’s massive structures are green or energy efficient. President Xi’s country is conscious about pollution, and it has poured significant resources into green infrastructure projects like wind and solar farms. There is a boldness in China’s infrastructure planning, a pioneering spirit that we would do well to imitate. What American jurisdiction would spend billions on a new state-of-the-art airport only 50 miles away from a recently modernized one? China has done it in Beijing. In a way, it seems that China is seeing beyond the here and now, planning for tomorrow, and this is something we can learn from our competitors. Marc Gravely is the founder and lead attorney at Gravely PC and author of Reframing America’s Infrastructure: A Ruins to Renaissance Playbook. Read the court decision
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    Affirmed

    June 22, 2016 —
    Today, in a precedential opinion, the Third Circuit Court of Appeals, affirmed the District Court’s dismissal of a complaint against my client that alleged that a multi-family building was constructed in violation of the Federal Housing Administration’s (FHA) design and accessibility requirements for disabled persons. A copy of the Opinion can be found here ( Opinion of 3rd Circuit . ) An adverse decision would have meant that my client could have been exposed to making several million dollars in alterations to its building. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Supplemental Conditions
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    Real Case, Real Lessons: Understanding Builders’ Risk Insurance Limits

    August 12, 2024 —
    In the recent case of 5333 Mattress King LLC v. Hanover Insurance Company, the United States District Court for the District of Colorado provided significant insights into the limits of builders’ risk insurance policies. Mattress King LLC, a warehouse owner, faced a substantial loss when a subcontractor drove a crane over and damaged the warehouse’s concrete floor slab during construction. Despite having a builders’ risk insurance policy with Hanover Insurance Company, coverage was denied, leading to litigation. Applicable Policy Provisions The policy in question was a Commercial Marine/Commercial Lines Builders’ Risk insurance policy. Builders’ risk insurance is designed to cover direct physical loss to covered property during construction unless the loss is excluded or limited by the policy. Key exclusions of the policy at issue included losses caused by faulty, inadequate, or defective:
    • Planning, zoning, surveying, or development
    • Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, or compaction
    • Materials used in construction or renovation
    • Maintenance of the covered property
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    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    12 Newmeyer Dillion Attorneys Named to 2022 U.S. News Best Lawyers in Multiple Practice Areas

    August 23, 2021 —
    Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that twelve of the firm's attorneys were recently selected for inclusion and will be recognized in their respective areas in The Best Lawyers in America© 2022. Additionally, Greg Dillion has been selected to Best Lawyers 2022 Lawyer of the Year list in Construction Law. The twelve 2022 Best Lawyers are: Jason Moberly Caruso, Michael S. Cucchissi, Jeffrey M. Dennis, Greg L. Dillion, Joseph A. Ferrentino, Jon J. Janecek, Michael B. McClellan, Thomas F. Newmeyer, John A. O'Hara, Thomas H. Reilly, Bonnie T. Roadarmel and Jane M. Samson Best Lawyers is the oldest peer-review publication for the legal profession. Attorneys are chosen through intensive peer-review surveys in which leading lawyers evaluate their professional peers. Best Lawyers listings are published in almost 70 countries worldwide and are recognized for their reliable and unbiased selections. About Newmeyer Dillion For over 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Read the court decision
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    House Passes Bill to Delay EPA Ozone Rule

    June 09, 2016 —
    The U.S. House of Representatives voted 234-177 on June 8 to postpone implementation of the Obama administration’s more stringent 2015 ozone regulations by at least eight years. Read the court decision
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    Reprinted courtesy of Pam Hunter McFarland, Engineering News-Record
    Ms. McFarland may be contacted at mcfarlandp@enr.com

    Buffett’s $11 Million Beach House Is Still on the Market

    February 28, 2018 —
    Warren Buffett auctions a lunch date for charity every year, and the winning bid usually stretches to seven figures. He twice sold his used cars to fans for multiples of their Kelly Blue Book value. Someone once even paid more than $200,000 to purchase his old wallet. (It had a stock tip inside.) For those who venerate one of the world’s best investors, money is usually no object when buying a piece of the legend. A year ago, Buffett put his vacation home in Emerald Bay, a gated enclave next to Laguna Beach, Calif., up for sale. He bought the property in 1971 at the urging of his first wife, Susan, for $150,000—the equivalent of a bit less than $1 million today. At the time, he didn’t think of it much as an investment, he told the Wall Street Journal last year. Laguna was less developed back then, more surfer-and-hippie paradise than multimillionaire’s haunt. The couple and their family often spent summers at the home, as well as time around Christmas, when Buffett would hole up in the master bedroom working on his closely followed annual letter to Berkshire Hathaway Inc. shareholders. Read the court decision
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    Reprinted courtesy of Noah Buhayar, Bloomberg

    Chimney Collapses at South African Utility’s Unfinished $13 Billion Power Plant

    November 21, 2022 —
    South Africa’s newest coal-fired power plant, which has been under construction since 2008 and will cost an estimated 232 billion rand ($12.7 billion), shut one of its six generating units after a duct collapsed. The unit at the Kusile plant could remain offline “for a few months” although a clearer estimate will be known over coming weeks, state-owned utility Eskom Holdings SOC Ltd. said in a statement late Wednesday. The outage comes as the country endures record blackouts -- locally known as loadshedding. The duct appeared to have sheared off from the unit’s main structure, a photo posted on Twitter by Anton Eberhard, a professor at the University of Cape Town’s Graduate School of Business, showed.  Read the court decision
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    Reprinted courtesy of Paul Burkhardt, Bloomberg

    Construction Employment Rises in Half of the States

    December 09, 2011 —

    The Labor Department has noted that half the states and the District of Columbia saw increases in construction employment during the month of October. During the same month, twenty-three states lost construction jobs.

    The biggest gains were in North Dakota, Oklahoma, DC, Texas, and California. The biggest losses were in Georgia, New Mexico, Wisconsin, and Florida. There was no change for Alabama.

    The chief executive officer of the Association of General Contractors of America, Stephen E. Sandherr, called for more infrastructure development. “Allowing water, transportation and energy networks to deteriorate will hurt construction employment and force taxpayers to spend more later, to fix broken infrastructure.”

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