Columbus Ohio Building Expert Directory

NTSB Pittsburgh Bridge Probe Update Sheds Light on Collapse Sequence

June 06, 2022 — Tom Ichniowski - Engineering News-Record
The National Transportation Safety Board (NTSB) has issued an update in its investigation of the Jan. 28 collapse of Pittsburgh's Fern Hollow Bridge that provides additional information about how the collapse proceeded, but does not discuss why the accident occurred. That finding of a probable cause isn't expected until sometime in 2023. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the full story... Read the court decision
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No Coverage for Restoring Aesthetic Uniformity

December 10, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The court found there was no coverage regarding aesthetic uniformity between new materials installed after water damage occurred and the rest of the building. Great Am. Ins. Co. of New York v. The Towers of Quayside No. 4 Condominium Assoc., Case No. 15-CV-20056-King (U.S. Dist. Ct., S.D. Fla., Nov. 5, 2015). The insured's high rise condominium suffered water damage when a valve on the air conditioning unit damaged the drywall, carpeting, baseboards, insulation and wallpaper in the east hallways of the eleventh floor and the floors below. Floors three through twenty-five had a uniform appearance by design with respect to the carpet, wallpaper, and woodwork in the common area hallways. The insured submitted a claim under its property policy with Great American. A payment of $170,291.84 was made for damage to the east hallways of the eleventh floor and the floors below. The insured sought coverage to repair or replace undamaged carpeting, wallpaper, baseboards, and woodwork in (1) the west hallways and elevator landings of the eleventh floor and the floors below and in (2) floors twelve through twenty-five.The insured contended that the loss of aesthetic uniformity devalued the building and constituted a loss to the building. 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

Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

July 13, 2017 — Bob Henry - Snell & Wilmer Real Estate Litigation Blog
Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona accrue for statute of limitations purposes when a party entitled to possession makes a formal demand for return of possession not when the party could have made a demand for return of possession. In Carrington, the borrowers (the Woodses) remained in property that they had acquired in 2008 but then lost to foreclosure several years later. The original lender obtained title to the property at a trustee’s sale on February 16, 2010, but did not take any action to remove the Woodses at that time. Title to the property was then transferred through a series of transactions over the next six years. Ultimately, Carrington acquired the title and, in 2016, sent a formal “Notice to Vacate” the premises to the Woodses. After the Woodses failed to timely vacate pursuant to the demand, Carrington initiated an FED action to evict them from the property. Read the court decision
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Reprinted courtesy of Bob Henry, Snell & Wilmer
Mr. Henry may be contacted at bhenry@swlaw.com

Firm Claims Construction Defects in Hawaiian Homes

December 04, 2013 — CDJ STAFF
The Los Angeles law firm Girardi Keese has filed a lawsuit representing 10,000 homeowners in Hawaii. The class action suit claims that construction defects have left the homes unable to withstand the island’s winds. Graham B. LippSmith, who represents the homeowners said that “we’re seeing some homes where the straps have cracked all the way through, so there’s nothing holding the frame to the foundation.” Mr. LippSmith said that the developer should have used anchor bolts instead of hurricane straps, but “that would have cost more money.” Mr. LippSmith says that his goal is to get the homes fixed. “It doesn’t do any good to give someone $50,000 and tell them go have their home fixed when what the community needs is to be made safe for the residents.” Read the court decision
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Consult with Counsel when Preparing Construction Liens

April 13, 2017 — David Adelstein – Florida Construction Legal Updates
All too often entities prepare their own construction liens. Sure, it is an effective way to save a few bucks. No doubt about it. But, by doing so, you are (i) not relying on advice of counsel that is important when it comes to lien preparation and (ii) not relying on strategy that goes along with the preparation of a lien. When you are liening, the reason you are doing so is because you have not been paid. You therefore want to collateralize your nonpayment against the real property—the leverage of a construction lien. This is a very beneficial statutory tool if implemented correctly, so it only makes sense to do it “strategically” right. A construction lien is a statutory form. So, how hard can it be? Filling out the “form” is not hard, however, there is legal significance to the information and amounts included in a lien. For instance:

There is significance to the amount you are liening. Are you liening for disputed change order work? Are you liening for amounts unrelated to base contract work?
There is significance to the final furnishing date. Are you liening within 90 days of performing base contract work unrelated to punchlist or warranty work?
There is significance to date the Notice to Owner was served (if you are not in privity with the owner). Was the Notice to Owner served within 45 days of initial furnishing?
There is significance to the legal description identified in the lien. Are you liening the right property based on the type of project you are working on?
There can even be significance to the initial furnishing date. Assuming you are the general contractor, what was your initial furnishing date in comparison with when the Notice of Commencement was recorded? If you are not a general contractor, when was the initial furnishing date in comparison with when you served the Notice to Owner?

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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Terminator’s Trench Rehab Drives L.A. Land Prices Crazy

June 26, 2014 — John Gittelsohn and Alan Ohnsman – Bloomberg
Ben Stapleton frames the shot with his hands like a movie director, sharing his vision of a junkyard he’s trying to sell for $3.5 million. He sees artist workspaces, retail shops and apartments with Los Angeles skyline views, steps from a riverfront oasis. Right now the river of his dreams is the concrete flood channel where an 18-wheeler chased Arnold Schwarzenegger on a Harley in “Terminator 2: Judgment Day,” one of the movies that used the 200-foot-wide (60-meter) ditch to depict industrial bleakness. A U.S. Army Corps of Engineers plan to return the Los Angeles River to a more natural state would cost $1 billion and has speculators circling even before the funding’s in place. “The private money is already moving,” said Stapleton, a vice president at commercial real-estate brokerage Jones Lang LaSalle Inc. (JLL) “They’re looking for opportunities. It’s the private money that’s going to make the vision happen.” Mr. Gittelsohn may be contacted at johngitt@bloomberg.net; Mr. Ohnsman may be contacted at aohnsman@bloomberg.net Read the court decision
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Reprinted courtesy of John Gittelsohn and Alan Ohnsman, Bloomberg

BIOHM Seeks to Turn Plastic Waste into Insulation Material with Mushrooms

July 27, 2020 — Aarni Heiskanen - AEC Business
BIOHM is a research and development led UK start-up that aims to revolutionize the construction industry with its bio-based materials. Among their products are insulation panels made from mycelium, the root formations of fungi. Recently, the company discovered that certain fungal species can consume plastic as a food source. This invention could bring about new construction materials that originate from plastic waste. “Evolving from eating leaf matter and the odd bit of tree bark, to eating plastic might seem like a huge jump, but for certain fungi, it can actually happen very quickly. The inhabitants of the microbial world are far more genetically flexible than humans, able to evolve and adapt to their environment within a generation, constantly modifying and improving upon their genome to maximize their productivity,” says Samantha G.R. Jenkins, Lead Biotechnology Engineer. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

How BIM Helps Make Buildings Safer

July 01, 2019 — Aarni Heiskanen - AEC Business
There are many uses for building information models that are yet to be discovered. One Finnish team collaborated with a city and fire & rescue authority to explore how BIM would help make buildings safer. “Imagine a fire inspector in a building with an AR headset. He can retrieve data from the building’s digital model and hence get an x-ray view of the pipes and cables behind the lowered ceiling.” That’s a scenario that Timo Lehtoviita pictured when we discussed the experimentation project which he led at Saimia, Saimaa University of Applied Sciences. Saimia, the city of Lappeenranta and their real estate company LATO, and the Rescue Department of South Karelia partnered in 2018 to explore the possibilities of using BIM to make buildings safer. The project, titled “Enhancing building safety using information models,” formed part of the national KIRA-digi built environment digitalization program. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

COLUMBUS OHIO BUILDING EXPERT DIRECTORY AND CAPABILITIES