Fairfield Connecticut Building Expert Directory

Georgia Coal-to-Solar Pivot Shows the Way on Climate Regs

July 02, 2014 — Mark Drajem and Margaret Newkirk – Bloomberg
Georgia small-business owner Julian Smith keeps hearing that the Obama administration’s latest climate regulations will drive up local electric bills. He doesn’t believe the prediction, but he isn’t arguing: The fears are doing wonders for his solar-panel installation company. “My phone is blowing up with new customers,” Smith, owner of SolarSmith LLC of Savannah, said in an interview. “It turns out that if you tell everybody the amount they will spend on electricity will skyrocket, they will believe you.” In Smith’s home state, as in the rest of the nation, businesses and consumers are struggling to size up competing claims about the Environmental Protection Agency’s plan to cut carbon pollution from power plants, released June 2. The proposed regulations are among the most sweeping and complex in the EPA’s history, promising to revamp the way electricity has been generated and distributed for a century. Mr. Drajem may be contacted at mdrajem@bloomberg.net; Ms. Newkirk may be contacted at mnewkirk@bloomberg.net Read the court decision
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Reprinted courtesy of Mark Drajem and Margaret Newkirk, Bloomberg

Breaking Down Homeowners Association Laws In California

April 03, 2019 — Lauren Hickey - Bremer Whyte Brown & O'Meara LLP
Purpose of HOAs Property ownership often combines elements of individual and common ownership interests. For example, a property owner may individually own his or her living quarters, but also own a common interest in amenities that are considered too expensive for a single homeowner to purchase individually (such as a pool, gym, or trash collection service). Properties with such elements usually take the form of apartments, condominiums, planned developments, or stock cooperatives (together known as “common interest developments” or “CIDs”). Whenever a CID is built, California law requires the developer to organize a homeowner association (or “HOA), which can take several different names, including “community association”. Initially, the developer relies on the HOA to market the development to prospective buyers. Once each unit in the development is sold, management of the HOA is passed to a board of directors elected by the homeowners. At that point, the primary purpose of the HOA shifts to maintenance of common amenities and enforcement of community standards. Dues/Assessments HOAs generally charge each homeowner monthly or annual dues to cover the cost of their services. HOAs may also charge special assessments to cover large, abnormal expenses, such as the cost of upgrades or improvements. The amount charged in dues and assessments is established by the HOA’s board of directors, within the limits set by the HOA’s governing documents and California Civil Code section 1366. Section 1366 provides that HOA dues may not be increased by more than 20 percent of the amount set in the previous year, and the total amount of any special assessments charged in a given year generally may not exceed 5 percent of the HOA’s budgeted expenses. Read the court decision
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Reprinted courtesy of Lauren Hickey, Bremer Whyte Brown & O'Meara LLP

Legislative Update on Bills of Note (Updated Post-Adjournment)

March 27, 2019 — Christopher G. Hill - Construction Law Musings
In two prior posts, one specifically relating to a bill that was introduced to apply a statute of limitatons on state agencies for construction projects and one more general, I discussed some of the legislation pending in the Virginia General Assembly that could be of interest to construction professionals. This post will update the status of these bills and add one that I neglected to highlight in the prior posts. I’ll begin with the oversight. HB 2218 Makes the unlawful and unlicensed practice of contracting, real estate brokering, or real estate sales, in connection with a consumer transaction, unlawful under the Virginia Consumer Protection Act. In short, it makes explicit what was implicit, namely that contractors that perform work without a license are in violation of the VCPA. This bill has passed the house by unanimous vote and is in committee at the Senate. UPDATE– As of February 20, 2019, this bill has passed both houses, all that is left is the paperwork. Post Adjournment Update: This bill passed and awaits Governor’s signature. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Sacramento’s Commercial Construction Market Heats Up

September 10, 2014 — Garret Murai – California Construction Law Blog
One reason I changed law firms from the Bay Area to Sacramento was I felt that Sacramento’s construction market, which was one of the areas hardest hit in California following the Real Estate Bubble Burst, was poised for a comeback. And as with past real estate cycles, residential construction has led the growth, and is now being followed by commercial construction. Indeed, according to data compiled by Engineering News-Record, commercial and institutional projects are propelling Sacramento’s construction market[.] Read the court decision
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Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
Mr. Murai may be contacted at gmurai@kmtg.com

Convictions Obtained in Las Vegas HOA Fraud Case

March 19, 2015 — Beverley BevenFlorez-CDJ STAFF
The Las Vegas Review-Journal reported that a jury “convicted four defendants charged in the massive scheme to take over and defraud homeowners associations.” Convicted defendants included former Benzer attorney Keith Gregory, Benzer’s half-sister Edith Gillespie, Salvatore Ruvolo, and David Ball. According to the Las Vegas Review-Journal, “Prosecutors contended the multimillion-dollar scheme was carried out between 2003 and 2009 by former construction company boss Leon Benzer and the late construction defects lawyer Nancy Quon. Benzer has since pleaded guilty. Quon committed suicide in 2012 under the weight of the high-profile investigation.” Read the court decision
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BIOHM Seeks to Turn Plastic Waste into Insulation Material with Mushrooms

July 27, 2020 — Aarni Heiskanen - AEC Business
BIOHM is a research and development led UK start-up that aims to revolutionize the construction industry with its bio-based materials. Among their products are insulation panels made from mycelium, the root formations of fungi. Recently, the company discovered that certain fungal species can consume plastic as a food source. This invention could bring about new construction materials that originate from plastic waste. “Evolving from eating leaf matter and the odd bit of tree bark, to eating plastic might seem like a huge jump, but for certain fungi, it can actually happen very quickly. The inhabitants of the microbial world are far more genetically flexible than humans, able to evolve and adapt to their environment within a generation, constantly modifying and improving upon their genome to maximize their productivity,” says Samantha G.R. Jenkins, Lead Biotechnology Engineer. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Amos Rex – A Museum for the Digital Age

September 10, 2018 — Aarni Heiskanen - AEC Business
In the very heart of Helsinki, a new museum is set to open its doors to showcase the art of the future. Amos Rex is an architectural and artistic gem that seeks to make modern art more accessible for people to experience and enjoy. The construction work for the museum was almost completed when I visited the site in early August. I met with Kai Kartio, an art historian with years of experience as a museum director. Kartio has been involved in the construction of Amos Rex from the beginning. The forerunner of Amos Rex was the Amos Anderson Art Museum, which was run by the Konstsamfundet foundation for 50 years in its founder’s own building nearby. Anderson was a Finnish newspaper tycoon and patron of arts who bequeathed his estate to the foundation. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

2018 Legislative Changes Affecting the Construction Industry

June 06, 2018 — Melinda S. Gentile - Peckar & Abramson
The 2018 Florida Legislative Session recently concluded and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session. Florida Governor Rick Scott has 15 days to act on the legislation once each Bill has passed the House and Senate. Bills signed by the Governor go into effect on July 1, 2018, unless indicated otherwise. These Bills may impact General Contractors and Construction Managers in a number of ways, not the least of which is the period of time that a cause of action may be initiated for the design, planning or construction of an improvement. Read the court decision
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Reprinted courtesy of Melinda Gentile, Peckar & Abramson
Ms. Gentile may be contacted at mgentile@pecklaw.com

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