Cambridge Massachusetts Building Expert Directory

Balfour Taps Qinetiq’s Quinn as new CEO to Revamp Builder

October 15, 2014 — Benjamin Katz and Simon Thiel – Bloomberg
Balfour Beatty Plc (BBY) named Leo Quinn as new chief executive officer to revamp Britain’s biggest builder which has suffered from mismanaged projects and a lack of demand. Quinn will start on Jan. 1 after five years as CEO of defense specialist Qinetiq Group Plc, Balfour Beatty said today. The executive began his career at Balfour Beatty in 1979 as a civil engineer and later worked as president of Honeywell Building Controls and CEO of banknote printer De La Rue Plc. The stock gained 5.3 percent in London trading today. Balfour Beatty, which rejected a merger proposal from British rival Carillion Plc in August, has struggled since the global recession slashed orders and prices. Its stock had fallen 48 percent this year before today, reducing the company’s value to 1 billion pounds ($1.6 billion). In September, Balfour Beatty cut its U.K. construction-services unit’s profit forecast and said Chairman Steve Marshall plans to leave. Mr. Thiel may be contacted at sthiel1@bloomberg.net; Mr. Katz may be contacted at bkatz38@bloomberg.net Read the court decision
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Reprinted courtesy of Benjamin Katz and Simon Thiel, Bloomberg

With Trump's Tariff Talk, Time to Negotiate for Escalation Clauses in Construction Contracts

December 17, 2024 — Richard Korman - Engineering News-Record
Remember 2019? That’s when contractors faced sudden material price surges from tariffs during then-President Donald Trump’s first term in office. How about 2021? That's when contractors saw new price surges and long delivery delays because of Covid-19. Read the court decision
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Reprinted courtesy of Richard Korman, ENR
Mr. Korman may be contacted at kormanr@enr.com

Mississippi Sues Over Public Health Lab Defects

October 29, 2014 — Beverley BevenFlorez-CDJ STAFF
The state of Mississippi “is suing architects and designers of a new Public Health Lab, saying the $28 million lab wasn't up to containing deadly diseases, biohazards and chemicals,” reported The Clarion-Ledger. Dale Partners Architects, Earl Walls Associates, Eldridge and Associates, and Environmental Management Plus have been named as defendants. "The estimated damages are $3 million," attorney Dorsey Carson told The Clarion-Ledger. "This building is where they test tuberculosis, or where they would test anthrax or any other (biohazards). You don't have a choice – it has to meet rigorous standards." Charlie Alexander, a partner with Dale Partners, stated that “any allegations of design defects by his company and its team ‘are unfounded,’” reported The Clarion-Ledger. Read the court decision
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Acceptable Worksite: New City of Seattle Specification Provisions Now In Effect

July 13, 2017 — Lindsay K. Taft - Ahlers & Cressman PLLC
The City of Seattle’s City Purchasing & Contracting Services recently revised its General Special Provisions for City construction contracts to add new “Acceptable Worksite” language. The City indicates that the purpose of the provisions is “to ensure that City construction worksites are respectful and appropriate, including prohibiting bullying, hazing, and other similar behaviors.” An “Acceptable Worksite” is defined as a worksite “that is appropriate, productive, and safe work for all workers” and “free from behaviors that may impair production, and/or undermine the integrity of the work conditions including but not limited to job performance, safety, productivity, or efficiency of workers.” Prohibited behaviors under the new specification provisions include persistent offensive conduct and language, hazing, offensive jokes about race, gender, or sexuality, assigning undesirable tasks or unskilled work to trained apprentices and journey-level workers, refusal to hire based on race, gender, or sexuality, and references to or requests for immigration status. The new program also includes monitoring, response, and enforcement of the provisions by City Purchasing and Contracting Services employees. Finally, the language must also be incorporated into all sub-tier contracts on City projects. Read the court decision
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Reprinted courtesy of Lindsay K. Taft, Ahlers & Cressman PLLC
Ms. Taft may be contacted at ltaft@ac-lawyers.com

Courts Generally Favor the Enforcement of Arbitration Provisions

May 10, 2021 — David Adelstein - Florida Construction Legal Updates
In recent posts (here and here) I have discussed arbitration provisions and cases dealing with the enforceability of arbitration provisions. The case of Lemos v. Sessa, 46 Fla.L.Weekly D701a (Fla. 3d DCA 2021) deals with two noteworthy principles when it comes to arbitration that warrant another post about arbitration provisions. First, courts will and should try to resolve any ambiguity in arbitration provisions in favor of arbitration. Second, when there is an offending arbitration provision or one that includes language that violates public policy, the trial court “should sever the offending provisions from the arbitration clause so long as such severance does not undermine the parties’ intent.” Lemos, supra. This principle is reinforced when the arbitration provision is in an agreement that contains a severability provision. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

San Diego Developer Strikes Out on “Disguised Taking” Claim

October 26, 2017 — Michael C. Parme – Haight Brown & Bonesteel LLP
In Dryden Oaks, LLC v. San Diego County Regional Airport Authority et al.(D068161, filed 9/26/17, publication order 10/19/17), the California Court of Appeal, Fourth Appellate District held that the County of San Diego (County) and the San Diego Regional Airport Authority (Authority) were entitled to summary judgment on a developer’s “disguised taking” theory of inverse condemnation. In 2001, the developer purchased two large lots (designated Lot 24 and Lot 25) adjacent to the end of a runway at the Palomar Airport in Carlsbad. Plaintiff obtained the necessary permits from the City of Carlsbad and successfully completed construction of an industrial building on Lot 24 in 2005. However, the plaintiff never began development of Lot 25 and the building permit for the property expired in 2012. The developer was then unable to renew the building permit because the Authority had adopted the Airport Land Use Compatibility Plan (ALUCP) in the interim period, which reclassified the Lots as part of a Runway Protection Zone (RPZ). The developer received a letter explaining that “despite the earlier approval the proposed development was no longer feasible because the ALUCP was more restrictive than the prior compatibility plan and the application's proposed use of ‘research and development’ was not permissible.” Read the court decision
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Reprinted courtesy of Michael C. Parme, Haight Brown & Bonesteel LLP
Mr. Parme may be contacted at mparme@hbblaw.com

BHA Attending the Construction Law Conference in San Antonio, TX

February 18, 2015 — Beverley BevenFlorez-CDJ STAFF
Bert L. Howe & Associates, Inc. (BHA) is proud to be joining with the State Bar of Texas, Construction Law Section as a sponsor and exhibitor at the event, and is excited to announce that they will also be sponsoring a raffle for a $100 Nordstrom gift card to given away at the Conference. Just stop by the BHA booth, and drop your card in the bowl for a chance to win. With offices in San Antonio and Houston, BHA offers the experience of over 20 years of service to carriers, defense counsel, and insurance professionals as designated experts in nearly 5,500 cases. BHA’s staff encompasses a broad range of licensed and credentialed experts in the areas of general contracting and specialty trades, as well as architects, civil and structural engineers, and has provided services on behalf of developers, general contractors and subcontractors across the state of Texas. BHA’s experience covers the full range of construction defect litigation, including single and multi-family residential (including high-rise), institutional (schools, hospitals and government buildings), commercial, and industrial claims. BHA also specializes in coverage, exposure, and delay claim analysis. Download the seminar brochure and register... Read the court decision
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London Shard Developer Wins Approval for Tower Nearby

November 05, 2014 — Neil Callanan - Bloomberg
Sellar Property Group, developer of the Shard in London, won local government approval to build a 26-story residential tower close to the skyscraper on the south bank of the River Thames. The council for the Southwark borough voted in favor of the 148-apartment project, which also includes a 16-story tower, at a meeting yesterday, Sellar spokesman Baron Phillips said by e-mail. The project, like the Shard, will be developed in a partnership with the state of Qatar. Developers plan to construct more than 25,000 luxury properties in London worth more than 60 billion pounds ($96 billion) over the next decade, EC Harris said in an Oct. 7 report. The homes approved yesterday at the Fielden House site are expected to sell for about 800,000 pounds each, according to a filing by the borough. Read the court decision
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Reprinted courtesy of Neil Callanan, Bloomberg
Mr. Callanan may be contacted at ncallanan@bloomberg.net

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