ADA Compliance Checklist For Your Business
February 06, 2019 —
Danielle Carter - Bremer Whyte Brown & O'Meara LLPThe Americans with Disabilities Act (ADA) protects people with disabilities against discrimination in three important settings:
1. Employment (ADA Title I)
2. Government Services and Public Transportation (ADA Title II)
3. Commercial Facilities and Places of Public Accommodation (ADA Title III)
Since business owners typically act as both employers and facility managers, they must pay careful attention to Title I and Title III of the ADA. A business owner’s ADA compliance checklist should include the following:
1. ADA Compliance Audit for Structural Accessibility. The ADA and its accompanying regulations set forth detailed legal standards and requirements for accessible design, which specify, for example, the minimum width of doors to conference rooms, the maximum height of public drinking fountains, and the maximum thickness of hallway carpeting. Many older buildings were built without features that accommodate people with disabilities, such that the ADA may require improvements to be made to existing facilities.
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Danielle Carter, Bremer Whyte Brown & O'Meara LLPMs. Carter may be contacted at
info@bremerwhyte.com
Opoplan Introduces Generative AI Tools for Home-Building
February 06, 2023 —
Aarni Heiskanen - AEC BusinessOpoplan introduces its suite of generative AI architectural tools for builders and real estate brokers. The initiative intends to bridge the technological gap in custom home planning and building.
The tools introduced by the company also aim to reduce the overdependence on manual efforts and limited design options when it comes to lot analysis, design briefing, design planning, and many other pre-build tasks.
Through its AI-powered tools, Opoplan assists builders and home designers in saving time, money, and energy and more successfully close contracts, managing plans, and delivering single-family homes.
A series of tools for the home-building industry
Opoplan is headquartered in Dublin, Ireland, with a new US office in Raleigh, North Carolina, and was established in 2019. They provide pre-build house planning and design tools for custom builders, real estate brokers, and house designers.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
McDermott International and BP Team Arbitrate $535M LNG Site Dispute
April 02, 2024 —
Mary B. Powers - Engineering News-RecordBP and Kosmos Energy are seeking “maximum recoverable damages” of about $535 million in binding arbitration with contractor McDermott International over a claim that it failed to meet contract obligations on subsea pipeline installation for an estimated $4.8 billion liquefied natural gas project off Africa.
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Mary B. Powers, Engineering News-Record
ENR may be contacted at enr@enr.com
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No Hiring Surge by Homebuilders Says Industry Group
February 14, 2013 —
CDJ STAFFLooking at data from the Bureau of Labor Statistics, the National Association of Home Builders found that while hiring levels in construction remain strong, there hasn’t been a surge in hiring in this particular sector. December found 92,000 open construction position, with the NAHB noting that home builders are still concerned about finding qualified workers.
While there has not been surge in hiring, home building is on the increase. The NAHB says that “this could be due to increased hours for existing workers,” which would not be “a sustainable situation.”
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Ambiguity in Insurance Policy will be Interpreted in Favor of Insurance Coverage
July 19, 2017 —
David Adelstein - Florida Construction Legal UpdatesAn ambiguity in an insurance policy–after reading and interpreting the policy as a whole–will be construed against an insurer. This means an ambiguity will be construed in favor of insurance coverage (for the benefit of the insured) as opposed to against insurance coverage. This does not mean that every insurance policy contains an ambiguity. This also does not mean a court will interpret plain and ordinary words contrary to their conventional meaning or definition. But, as we all know, insurance policies are not the easiest of documents to decipher and ambiguities do exist relating to a particular issue or circumstance to the benefit of an insured. An insured that is dealing with specific insurance coverage issues should make sure they are working with counsel that looks to maximize insurance coverage, even if that means exploring ambiguities that will benefit an insured based on a particular issue or circumstance.
An example of an ambiguity in an insurance policy relating to a particular issue that benefitted an insured can be found in the Florida Supreme Court decision of Government Employees Insurance Co. v. Macedo, 42 Fla. L. Weekly S731a (Fla. 2017). This case involved an automobile accident and the interpretation of an automobile liability policy.
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David Adelstein, Florida Construction Legal UpdatesMr. Adelstein may be contacted at
Dadelstein@gmail.com
Walkability Increases Real Estate Values
June 18, 2014 —
Beverley BevenFlorez-CDJ STAFFCNBC reported that environmentally-conscious Millennials are looking for homes that are within walking or biking distance to stores and work. The “areas that offer so-called walkability should see more home buyers and renters than those that don't.”
"Cities that want to thrive in our new economic and demographic realities will need to find ways to create and support more of these dynamic, productive walkable districts that are in high demand," Geoff Anderson, CEO of Smart Growth America, told CNBC. Anderson, “in conjunction with George Washington University School of Business, released a new report ranking the walkability of the nation's 30 largest metropolitan areas.”
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Wait, You Want An HOA?! Restricting Implied Common-Interest Communities
September 17, 2018 —
Neil McConomy - Snell & Wilmer Real Estate Litigation BlogWhile the butt of many jokes and a thorn in the side of some property owners, homeowners associations (“HOAs”) serve the vital function of collecting and disbursing funds to care for and maintain common areas of residential developments. Without HOAs, neighborhood open spaces, parks, and other amenities risk falling into disrepair through a type of tragedy of the commons, wherein residents use such amenities but refuse to subsidize care and maintenance for these common areas believing someone else will pony-up the funds. HOAs, when properly organized and managed, avoid this problem by ensuring everyone pays their fair shares for the common areas. Colorado’s Common Interest Ownership Act (“CCIOA”), C.R.S. § 38-33.3-101 et seq., sets forth the manner in which such common-interest communities, and their related associations, must be established.
Earlier this summer, the Colorado Supreme Court issued an opinion limiting the application of previous case law that allowed for the establishment of common-interest communities (and their related HOAs) by implication. See McMullin v. Hauer, 420 P.3d 271 (Colo. 2018). Prior to McMullin, Colorado courts had been increasing the number of factual scenarios implying the creation of common-interest communities under CCIOA. See e.g., Evergreen Highlands Assoc. v. West, 73 P.3d 1 (Colo. 2003) (finding an implied obligation of landowners to fund a pre-existing HOA’s obligations); DeJean v. Grosz, 412 P.3d 733 (Colo. App. 2015) (finding an implied right of a homeowner to found an HOA after the developer filed a declaration expressing an intent to form one but ultimately failed to do so); and Hiwan Homeowners Assoc. v. Knotts, 215 P.3d 1271 (Colo. App. 2009) (finding the existence of an HOA despite no common property existing within the development). The McMullin opinion highlights the importance of strict compliance with CCIOA to preserve common areas in a development, ensure the ability to fund maintenance of such areas, and avoid future litigation.
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Neil McConomy, Snell & WilmerMr. McConomy may be contacted at
nmcconomy@swlaw.com
How Retro-Commissioning Can Extend the Life of a Building—and the Planet
July 10, 2023 —
Matthew Zweibruck - Construction ExecutiveSustainability initiatives in the built environment need not be limited to new construction or other large expenditures. Aging facilities have the potential to extend their years of service while also combating greenhouse gas emissions. But what is the best course of action? From building design initiatives such as net zero and electrification to renewables and green building certifications, it can be a complicated and overwhelming field to navigate.
Building owners and property managers may question if they are pursuing the correct programs to minimize their organization’s negative impacts on the environment. With all the initiatives, buzzwords and fancy awards surrounding these initiatives, there are energy-efficiency strategies available to buildings that cut through this noise—strategies that are cost effective, quick to implement, widely abundant and result in an immediate reduction in a building’s impact on climate change.
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Matthew Zweibruck, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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