Want to Build Affordable Housing in the Heart of Paris? Make It Chic.
November 01, 2022 —
Marie Patino & Kriston Capps - BloombergThe project at 12 Rue Jean-Bart is a modest one, just eight units of affordable housing on a narrow lot in Paris near the Luxembourg Gardens. The social housing project nevertheless caused a stir with neighbors in the 6th arrondissement, one of the city’s more affluent areas.
When local politicians backing the project came to visit the building during its construction, neighbors shouted from windows across the street that it was a shame to build social housing here, according to Jean-Christophe Quinton, the Paris-based architect who designed the small in-fill development.
Local resistance was a persistent feature of the project throughout its three-year-long construction, Quinton says; the building regularly faced harsh scrutiny in local newspaper Le Parisien.
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ASCE Statement on EPA Lead Pipe and Paint Action Plan
December 27, 2021 —
Tom Smith, Executive Director - American Society of Civil Engineers (ASCE)WASHINGTON, DC. – The American Society of Civil Engineers applauds
the Lead Pipe and Paint Action Plan released yesterday by the Environmental Protection Agency to help communities across the country remove lead pipes out of their drinking water systems.
Access to clean and safe drinking water is critical to public health and economic prosperity, and ASCE's
2021 Report Card for America's Infrastructure. gave a grade of C- for the drinking water category. It is estimated that as many as 10 million American households still have lead water pipes in use, which can put at risk the health and safety of families, particularly children. For utilities, moving forward with completing an inventory of lead service lines as part of the Lead and Copper Rule is a critical step, so we can get a better national picture of the scope of the problem.
This plan will allocate nearly $3 billion from the recently passed Infrastructure Investment and Jobs Act (IIJA) to states for lead service line replacements in FY 2022 and will prioritize communities with the highest lead levels. While additional investment will be needed, it is a significant down-payment on a national shared priority of clean drinking water for all Americans. It will allow utilities of all sizes to accelerate their rate of lead pipe replacement and offer technical assistance to those communities just embarking on these types of projects.
For more information about the American Society of Civil Engineers, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.
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Contractors Prepare for a Strong 2021 Despite Unpredictability
April 05, 2021 —
Kenny Ingram - Construction ExecutiveA recent IFS study found many construction and engineering companies are reimagining their business models to ensure a secure future, using the pandemic-induced lull in business to prepare themselves to get back to operations on a strong footing.
The research shows 70% of businesses have increased or maintained digital transformation spend, despite the COVID-19 pandemic. In the infrastructure, engineering and construction sectors the figure is more than 75%.
There are many challenges the industry will face in the new year following the unpredictability of 2020, but there are also many opportunities. Despite the uncertainties that lay ahead, here are the few trends predicted to impact the sector 2021 and beyond.
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Kenny Ingram, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Edison Utility Accused of Igniting LA Fire in Lawsuits
January 21, 2025 —
Jef Feeley, Mark Chediak & Malathi Nayak - BloombergEdison International Inc.’s southern California utility faces lawsuits blaming the energy provider’s equipment for igniting one of the wildfires still raging in the second-largest US metropolis.
The first of several suits filed Monday was brought on behalf of a group of homeowners, renters, business owners and others with properties destroyed by the deadly Eaton Fire in the Pasadena area. The complaints allege that Southern California Edison power lines were the cause of the blaze that leveled the community of Altadena. The initial suits are expected to be followed by thousands more legal claims.
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Can Baltimore Get a Great Bridge?
June 21, 2024 —
James S. Russell - BloombergWhen the Francis Scott Key Bridge collapsed
after being struck by a massive container ship early in the morning on March 26, six highway workers were killed, a segment of the Baltimore Beltway was severed, the Port of Baltimore was largely shut down for two months — and the city lost an important piece of its identity.
Before its destruction made it famous, the Key Bridge was not really a landmark like San Francisco’s Golden Gate Bridge or other charismatic spans that serve as symbols for their host cities. Built in 1977, it was a more utilitarian structure, with brawny trusswork that evoked the city’s industrial past, and an important job to do: It could carry the fuel-hauling tanker trucks that are prohibited from traveling through two nearby tunnels. Its visibility at the mouth of Baltimore’s harbor marked it as a prominent link between the modest communities that line the blue-collar waterfront and the glass apartment and office towers that now define the downtown skyline.
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James S. Russell, Bloomberg
CGL Coverage for Liquidated Damages and the Contractual Liability Exclusion
October 09, 2023 —
Stu Richeson - The Dispute ResolverLiquidated delay damages are common in construction contracts and are generally imposed when a contractor fails to achieve substantial completion within the time required by the contract. While contracts like the AIA A201-2017 have provisions for extending the time to achieve substantial completion when delays are caused by circumstances beyond the contractor’s control, delays can result from factors other than improper management or planning and the like, for which the owner is not required to give the contractor additional time. Courts are split on whether there is ever coverage under a CGL policy for contractually agreed upon liquidated delay damages.
Liquidated delay damages are often excluded under the contractual liability exclusion of most CGL policies. The contractual liability exclusion excludes coverage for “liability for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.” Courts often find the contractual liability exclusion in a CGL policy precludes coverage for liquidated delay damages, because such damages are contractual in nature and are triggered by the failure to bring the contract to substantial completion by a fixed deadline, regardless of the cause of the delay. However, some courts will look to the cause of the delay and find that there is coverage under a CGL policy for liquidated delay damages that are the result of property damage caused by an accident or occurrence.
In Clark Const. Grp., Inc. v. Eagle Amalgamated Serv., Inc., 01-2478-DV, 2005 WL 2092998, at *1 (W.D. Tenn. Aug. 24, 2005) a general contractor entered a contract for the renovation of the convention center in Memphis. Part of the project included the demolition of a structure attached to the convention center. The demolition work was improperly performed by a subcontractor and resulted in damage to the convention center.
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Stu Richeson, PhelpsMr. Richeson may be contacted at
stuart.richeson@phelps.com
Fourteen Years as a Solo!
July 08, 2024 —
Christopher G. Hill - Construction Law MusingsI have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks 14 years since
my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and friends who followed me to solo practice and whom I have met since the firm’s founding on July 1, 2010. I also could not have made the transition and had the fun and success I have enjoyed over the past 14 years without the support of the best wife and family that any construction lawyer could want.
Since the firm’s last anniversary, my youngest child (who was 7 when this journey began!) started and completed her junior year at N. C. State University and is currently in Idaho working as an intern for Idaho Fish & Game, my second oldest is an assistant director of admissions at Appalachian State University in Boone, NC, and is newly married, and my oldest has bought a home, adopted an adorable golden retriever puppy, and celebrated her third marriage anniversary. Our home in Captiva, Florida has also continued its recovery from Hurricane Ian.
Professionally, I’ve had a great year. I am serving as the Vice Chair of the
Section Council of the Virginia Bar Association Construction and Public Contracts Law section. I was also honored to be nominated and elected to the
Virginia Legal Elite in Construction Law for the 17th straight year and to the
Virginia Super Lawyers in Construction Litigation for the 8th year running. I also continued to have the opportunity to teach in various construction-related venues on relevant topics and to help out some of the best clients around. I have also continued to grow my
ADR practice, including
arbitration and
mediation.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest
October 25, 2021 —
Tred R. Eyerly - Insurance Law HawaiiThe Eighth Circuit affirmed the district court's finding of bad faith and award to the insured of taxable costs and prejudgment interest. Selective Ins. Co. v. Sela, 2021 U.S. App. LEXIS 26062 (8th Cir. Aug. 30, 2021).
The insured suffered two hail storms that damaged his home. In 2010, the first storm caused over half a million dollars in loss. Before submitting a claim to his original insurer or beginning any repairs, the insured secured a new policy with Selective. The policy did not exclude pre-existing damage, it did preclude coverage if the insured "willfully and with intent to defraud, concealed or misrepresented any material fact or circumstance relating to the insurance."
Before issuing the policy, Selective appraised the property and assigned a $1.6 million value to the home. The insured then filed a claim with his original insurer and received $510,787.23 for actual cash value of his loss. Neither the terms of this settlement nor this new policy with Selective required the insured to repair all of the 2010 damage.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com