The Comcast Project is Not Likely to Be Shut Down Too Long
July 13, 2017 —
Wally Zimolong - Supplemental ConditionsJan Von Bergen at the Philadelphia Inquirer reported that work on Comcast’s new tower came to a halt this morning when striking members of Local 542 picketed the Comcast tower project and other union trades refused to cross the picket line. However, this show of solidarity (during the afternoon on the Friday before the Fourth of July) is unlikely to last past the long weekend. Why? Because any conduct by Local 542 aimed at encouraging a work stoppage by other union members is illegal and the companies that employ the sympathetic union members are in breach of contract if they do not work on Tuesday.
Any actions by Local 542 to encourage members of a different trade unions to honor their picket line is a secondary boycott. The National Labor Relations Act prohibits secondary boycotts. Specifically, the NLRA prohibits a union for inducing employees of an employer not subject to a labor dispute to refuse to work.
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Wally Zimolong, Zimolong LLCMr. Zimolong may be contacted at
wally@zimolonglaw.com
Digitalizing the Hospital Design Requirements Process
April 02, 2019 —
Aarni Heiskanen - AEC BusinessDecisions made at the early stages of a hospital project can have a huge impact on its life cycle value. To make sure that a hospital will be a good investment, its future users should be involved in helping set out the design requirements. A Finnish team of experts wanted to see if they could improve the process and set up an experiment to see how it could be done digitally.
Currently, over one billion euros are budgeted to hospital construction and renovation in Finland. Globally, the sum is around US$400 billion. You would imagine that the design for such large investments would be very efficient from the start. Unfortunately, that is not the case.
During the design phase, doctors, specialists, nurses, and other stakeholders take part in workshops in which they express their needs and requirements. For a large hospital project, 40 to 100 workshops are the norm. The work is done with a variety of tools, with sticky notes being the predominant technique.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Protect Projects From Higher Repair Costs and Property Damage
March 04, 2024 —
Michael Teng - Construction ExecutiveEvery aspect of a jobsite costs more today, from materials and labor to tools and equipment.
Take construction input costs for example. While relatively flat in 2023, they
remain almost 40% higher than they were pre-pandemic. With borrowing costs still high in the face of a stubbornly strong economy, project financing will remain a challenge.
Still, contractors are expected to break more ground in 2024, fueled in part by the CHIPS Act, the Inflation Reduction Act and the Infrastructure Investment and Jobs Act.
Despite wages growing and the labor market remaining tight, many businesses are expected to dive deeper into their backlogs. Meanwhile, the economy is
expected to grow with a chance for a short and mild recession. As industry leaders gauge economic pressures, it’s clear businesses must manage their costs—and financial risks in 2024. It’s a year where insurance and safety should take priority. Below are economic trends to monitor, and insurance strategies to help protect this year’s bottom line.
Reprinted courtesy of
Michael Teng, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Goldberg Segalla Welcomes William L. Nimick
February 07, 2022 —
Goldberg Segalla LLP(RALEIGH, N.C.)—Goldberg Segalla added William L. Nimick to the firm's Construction Litigation and Counsel group in Raleigh. Nimick was previously with The Law Offices of Stephen R. Paul in Raleigh.
Nimick is an experienced litigator who focuses his practice on counseling and defending corporate entities, insurers, contractors, and subcontractors in a range of liability claims, including those alleging construction defect, personal injury, property damage, premises liability, and more. Nimick draws on a background in civil litigation, personal injury and wrongful death, workers' compensation, and subrogation. He has handled subrogation claims across North Carolina, including construction defects, motor vehicle accidents, product liability lawsuits, and large fire losses.
Nimick earned his bachelor's degree at the University of North Carolina at Wilmington and his juris doctor at the Campbell University Norman Adrian Wiggins School of Law.
About Goldberg Segalla
Goldberg Segalla is a national civil litigation firm with more than 20 offices in 10 states spanning major metro markets across the U.S., providing strategic coverage wherever our clients do business. As a firm of experienced litigators and trial attorneys, Goldberg Segalla's capabilities span business and commercial disputes, employment and labor, insurance coverage, product liability, and more. Today, our more than 400 attorneys are trusted counselors to public and private clients in key sectors and industries including construction and energy, transportation, manufacturing, retail and hospitality, and insurance. To learn more, visit goldbergsegalla.com or follow us on
LinkedIn,
Facebook, and
Twitter.
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Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers
July 20, 2020 —
Nancy Conrad & George C. Morrison - White and Williams LLPAs employers plan to return employees to the workplace, they should proceed with careful planning and incorporate best practices and measures to assure a safe, responsible and productive workplace. While there is no "one size fits all" plan, the following checklist will assist in assuring that your work environment includes the key safety components to return to the workplace in the midst of a pandemic.
PREPARING THE WORKPLACE FOR RETURN & GENERAL HEALTH AND SAFETY
- Create a company task force, safety committee or coordinator to oversee implementation of policies that address and enforce practices related to COVID-19.
- Ensure HVAC systems are functional, have been properly cleaned and serviced and tuned to maximize airflow and filtration.
- Review and increase cleaning protocols in coordination with lease terms and cleaning contracts. Ensure regular and thorough office cleanings, with a focus on high-touch surfaces and areas. Document cleaning protocols and schedule.
- Implement social distancing requirements and provide visual markers on floors in compliance with applicable federal, state and local orders.
- Rearrange work spaces, conference rooms and lunchrooms to comply with social distancing requirements.
- Post notices about the number of individuals permitted in elevators, stairwells, rooms and on the premises.
- Restrict movement between departments and floors.
Reprinted courtesy of
Nancy Conrad, White and Williams LLP and
George C. Morrison, White and Williams LLP
Ms. Conrad may be contacted at conradn@whiteandwilliams.com
Mr. Morrison may be contacted at morrisong@whiteandwilliams.com
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Canada Housing Surprises Again With July Starts Increase
August 13, 2014 —
Greg Quinn – BloombergCanada’s housing starts beat economist predictions for a fourth straight month in July, led by the most single-family home projects in almost two years.
The pace of work on new homes rose 0.7 percent to a seasonally adjusted annual pace of 200,098 units, the fastest since October, from a revised 198,665 in June, Ottawa-based Canada Mortgage & Housing Corp. reported today. Economists forecast a decline to 193,000, according to the median of 18 responses in a Bloomberg News survey.
Most economists and the central bank have predicted that rising prices and near-record debt loads would curb demand for housing. Instead, home resales, prices and starts have climbed after a tough winter, as mortgage rates remain near record lows.
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Greg Quinn, BloombergMr. Quinn may be contacted at
gquinn1@bloomberg.net
Traub Lieberman Attorneys Recognized as 2022 New York – Metro Super Lawyers®
October 17, 2022 —
Traub LiebermanTraub Lieberman is pleased to announce that seven Partners from the Hawthorne, NY Office have been selected to the 2022 New York - Metro Super Lawyers list.
2022 New York – Metro Super Lawyers
- Copernicus Gaza – Insurance Coverage
- Jonathan Harwood – Professional Liability
- Lisa Rolle – Construction Litigation
- Christopher Russo – Professional Liability
- Lisa Shrewsberry – Professional Liability
- Stephen Straus – Insurance Coverage
- Richard Traub – Insurance Coverage
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Traub Lieberman
Defense Victory in Breach of Fiduciary Action
February 26, 2015 —
Beverley BevenFlorez-CDJ STAFFEarlier this month, Scott Calkins and Anthony Gaeta of Collinsworth, Specht, Calkins & Giampaoli, LLP obtained a defense verdict in a breach of fiduciary duty action involving a high-rise condominium in downtown San Diego, California. The Association asked for excess of over $3 million, however, the jury returned with a 10-2 defense verdict in favor of K. Hovnanian.
Cortez Blu Community Association, Inc. v. K. Hovnanian at Cortez Hill, LLC, et al. initially involved construction defect claims against the developer, K. Hovnanian, and the general contractor, Turner Construction, as well as a claim of breach of fiduciary duty. However, the construction defect claims settled prior to trial leaving only the breach of fiduciary claim.
“While it is now becoming ever more common for attorneys representing homeowners associations to allege a breach of fiduciary duty by the developer, there has been little actual litigation of the issues surrounding those claims which test the viability of the allegations or the defenses to them,” defense attorney Anthony Gaeta stated. “A breach of a fiduciary duty by a developer, which is demonstrated to damage the viability of an HOA either to perform regularly scheduled maintenance, or replace building components from its reserves, has the potential in economic terms to surpass the damages from purported construction defects.
The Plaintiff argued that K. Hovnanian breached its fiduciary duty to the Association by failing to set adequate reserves within the initial Department of Real Estate budget (“DRE”) for painting, caulking, and power washing the exterior of the building, referencing Raven’s Cove Townhomes, Inc. v. Knuppe Development Co., Inc. (1981) 114 Cal. App. 3d 783. In response, K. Hovnanian stated that in part, the initial reserves as set forth in the DRE budget were adequate, good faith estimates and, therefore, there was no liability for breach of fiduciary duty.
“Our case was exclusively concerned with the duties of the developer when forming the initial HOA, preliminary budgets, and reserves,” Gaeta said. “We litigated the duties and responsibilities of the initial board and whether a developer may rely on reports prepared by third-parties during the formation of a common interest development. The jury found our client’s actions and reliance on third-parties was reasonable and, thus, no breach of fiduciary duty occurred.”
Collinsworth, Specht, Calkins & Giampaoli is a general civil litigation firm representing clients throughout California and Arizona. You may learn more about the firm at www.cslawoffices.com
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