Columbus Ohio Building Expert Directory

Real Estate & Construction News Roundup (05/17/23) – A Flop in Flipping, Plastic Microbes and Psychological Hard Hats

May 29, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, we look at a downturn in home-flipping and a continuing overabundance of commercial office space, plus psychological support for construction workers and surging demand for industrial space materials.

The golden days of home flipping may be coming to an end, as U.S. real estate investors take a hit. (Bethan Moorcraft, Yahoo Finance)
In a shift, only one in five Americans think it’s a good time to purchase a house. (Alicia Adamczyk, Fortune)
Empty office towers continue to pose a risk to the economy. (Arezou Rezvani, NPR)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Hawaii Supreme Court Finds Excess Can Sue Primary for Equitable Subrogation

October 21, 2015 — Tred R. Eyerly – Insurance Law Hawaii
In responding to a certified question from the U.S. Distric Court, the Hawaii Supreme Court determined that an excess carrier can sue the primary carrier for failure to settle a claim in bad faith within primary limits. St. Paul Fire & Marine Ins. Co. v. Liberty Mut. Ins. Co., 2015 Haw. LEXIS 142 (Haw. June 29, 2015). St. Paul, the excess carrier, and Liberty Mutual, the primary carrier, issued polices to Pleasant Travel Service, Inc. The primary policy covered up to $1 million. Pleasant Travel was sued for damages resulting from an accidental death. St. Paul alleged that Liberty Mutual rejected multiple pretrial settlement offers within the $1 million primary policy limit. A trial resulted in a verdict of $4.1 million against Pleasant Travel. The action settled for a confidential amount in excess of the Liberty Mutual policy limit. St. Paul paid the amount in excess. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Unfair Risk Allocation on Design-Build Projects

June 13, 2022 — Brian Perlberg, Executive Director of ConsensusDocs Coalition & AGC Senior Counsel
The AGC annual convention included a session entitled “Who’s on the Hook for Design Defects in Design-Build Projects.” Fox Rothschild’s Dirk Haire, Les Synder of Infrastructure Construction Brightline West, and David Hecker of Kiewit presented. Attendees crowded into a standing-only room because more and more builders are facing design liability, especially design-builders on large infrastructure projects. The presentation highlighted how some owners abuse the submittal process on design-build jobs to make changes without compensating the builder with more time, money, or both. One project took a sample of owner comments and extrapolated that just one project generated over 15,000 submittals and generated over 110,000 comments of “concern” or “preference.” Certain owner-representatives and attorneys for owners have oversold the risk allocation transfer aspect of design-build. The Spearin Doctrine protects a builder from design documents containing errors by entitling them to receive equitable compensation. The design-build project delivery method erodes potential Spearin protections. Ways that an owner may retain some design responsibility and bring Spearin protections back into play for a builder include the following:

Accuracy of reports prepared by owner’s outside consultants

Owner’s design approval process
Viability of owner’s stated design and project criteria

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Reprinted courtesy of Brian Perlberg, ConsensusDocs

Structural Problems May Cause Year-Long Delay Opening New Orleans School

January 29, 2014 — Beverley BevenFlorez-CDJ STAFF
According to the Uptown Messenger, structural issues found at Audubon Charter School’s Broadway campus in New Orleans, Louisiana, will require “selective demolition” and “could delay students’ return by as much as a full year.” Late September of last year, “officials discovered that some of the steel supports around the stair towers were not level—some of the steel beams lean out several inches, so that the floors are not parallel.” Discovering the problem will require some demolition, according to Chris Young of Blitch Knevel architects as quoted in the Uptown Messenger: “…we’re going to have to tear down a lot of this construction to expose that steel frame to make sure that every steel beam is straight and true and not deformed.” Read the court decision
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Haight Brown & Bonesteel Ranked on the 2017 "Best Law Firms" List by U.S. News - Best Lawyers

November 10, 2016 — Haight Brown & Bonesteel LLP
U.S. News – Best Lawyers® ranked Haight Brown & Bonesteel on the 2017 “Best Law Firms” list in the Metropolitan Tier 1 Ranking in Los Angeles for their defense work in insurance law and personal injury litigation. Read the court decision
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New Jersey/New York “Occurrence”

July 30, 2014 — Scott Patterson – CD Coverage
In National Union Fire Insurance Co. of Pittsburgh, PA v. Turner Construction Co., 986 N.Y.S.2d 74 (N.Y. App. Div. 2014), Turner was the general contractor for a high rise office building constructed in New Jersey for owner GSJC. Turner subcontracted with Permasteelisa for the building’s exterior curtain wall which consisted of granite and glass with an attached network of decorative pipe rails. A segment of the pipe rails fell from the building onto the street. GSJC determined that a significant percentage of the pipe rail connections to the curtain wall did not conform to specifications or were defective. GSJC sued Turner and Permasteelisa in New Jersey state court for breach of contract, breach of warranty, and negligence, seeking damages for the damage to the curtain wall and the danger of additional pipe rail falling in the future. National Union, which had issued an OCIP policy for the project, defended Turner and Permasteelisa under a reservation of rights and then filed a declaratory judgment action in New York state court. The New York trial court entered judgment for National Union. On appeal, the intermediate court of appeals affirmed. As to choice of law, the court stated that “it is undisputed that the law of New Jersey governs this action, which turns on insurance policy interpretation, and that New Jersey and New York law are consistent as to the issues in dispute here.” Read the court decision
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Reprinted courtesy of Scott Patterson, CD Coverage

Affordable Housing, Military Contracts and Mars: 3D Printing Construction Potential Builds

September 05, 2022 — Adam J. Weaver & Lindsey Mitchell - Gravel2Gavel Construction & Real Estate Law Blog
The 3D printing construction market is likely on the cusp of a boom. This unique construction method boasts many advantages in comparison to traditional forms of construction. Projects can be completed more quickly and at a fraction of the cost, given fewer laborers are required and the materials used are much cheaper. Though market growth stalled during the COVID-19 pandemic, industry leaders expect 3D printing construction to experience exponential growth in the coming years. While 3D printing technology has risen in popularity and prominence in the past couple of decades, it is only recently that 3D printing companies have begun making strides in the construction industry. Critical to the construction process is the software that is used to create and model the planned structure. A software program turns a building’s blueprint into code that then dictates the movement of a 3D printer on the construction site. After a concrete-like mix is loaded into the printer, the printer begins to build the walls by laying one cylindrical layer of concrete at a time, in accordance with the blueprint. There is no one-size-fits-all approach in 3D printing construction: some companies print the core structure as well as the roof and floor of the structure, while others print only the core and shell and install those portions separately using traditional methods and materials. Reprinted courtesy of Adam J. Weaver, Pillsbury and Lindsey Mitchell, Pillsbury Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the court decision
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ACEC Research Institute Releases New Engineering Industry Forecast

December 13, 2021 — American Council of Engineering Companies
Washington, DC, Dec. 09, 2021 (GLOBE NEWSWIRE) -- Today, the ACEC Research Institute released two new reports on the Engineering and Design Services industry: the 2021 Economic Assessment of the Engineering and Design Services Industry and a new Engineering Business Sentiment report for Q4 2021. The data shows the industry has rebounded from project postponements due to COVID, though firms identify a tight labor market and lack of qualified workers as continued barriers to growth across public and private markets. This is the second annual release of the Engineering and Design Services industry assessment, which tracks the industry's economic contributions, analyzes key economic drivers, and forecasts industry growth. Snapshot of the Engineering and Design Services Industry: 1.5 million direct full- and part-time jobs $97,300 average yearly wages $338 billion in industry sales $198 billion direct economic contribution $105 billion collected in total federal, state & local tax Both reports, the 2021 Economic Assessment of the Engineering and Design Services Industry and the Engineering Business Sentiment report for Q4 2021, are available for download by clicking here. ### The ACEC Research Institute is the research arm of the American Council of Engineering Companies – the business association of the nation's engineering industry. The ACEC Research Institute's mission is to deliver knowledge and business strategies that guide and elevate the engineering industry and to be the leading source of knowledge and thought leadership for creating a more sustainable, safe, secure and technically advanced built environment. For more information, go to www.acecresearchinstitute.org. Read the court decision
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COLUMBUS OHIO BUILDING EXPERT DIRECTORY AND CAPABILITIES