ASCE Statement On House Passage Of The Precip Act
May 16, 2022 —
Dennis D. Truax, President, American Society of Civil Engineers (ASCE)Washington, DC. – ASCE congratulates the U.S. House of Representatives on passage of the PRECIP Act, H.R. 1437 which requires the National Oceanic and Atmospheric Administration (NOAA) to update precipitation frequency estimates every five years, and encourages its swift passage in the Senate.
To build for the future and prioritize the resilience of our nation's critical infrastructure systems, civil engineers require the most current precipitation data available. Unfortunately, too often the rainfall data that engineers must rely on to design our nation's infrastructure is out-of-date and does not account for the increasingly heavy rains and less predictable weather patterns of today. The lack of current data poses significant challenges for engineers as they attempt to protect public health, safety and welfare and impacts the security of the nation's dams, levees, wastewater and stormwater infrastructure. Design and protection of all infrastructure systems depend on current, accurate and reliable precipitation data that adequately accounts for ongoing climate changes.
The PRECIP Act provides needed resources to help NOAA produce more accurate data and serves to strengthen the nation's infrastructure so that it can withstand the increasingly severe effects of climate change. Passage of this legislation is a critically vital step toward meeting the goals set forth in the recently passed Infrastructure Investment and Jobs Act to ensure resilient infrastructure so that every community can thrive.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.
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Collapse Claim Fails Due To Defectively Designed Roof and Deck
May 28, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe insured's claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024).
The insured submitted a claim to State Farm for damage to the roof ("Roof Claim"). State Farm's adjuster placed a ladder on the deck to access the roof and a portion of the deck collapsed. The insured then reported a claim to State Farm for damage to the deck ("Deck Claim"). The claims were denied and suit was filed.
The roof had leaked on several occasions prior to submission of the Roof Claim. On February 25, 2022, the insured discovered that a branch had cut a hole in the tarp, causing water to leak into the home. The insured performed repairs on the roof. On March 8, 2022, a storm caused more water to seep through the tarp into the ceilings and walls. Thereafter, the Roof Claim was submitted.
The damage from the leaking roof and the deck collapse were caused by rotting. The rotting, in turn, was caused by a combination of defective building design and resulting water damage from rain and storms over the years. The roof and deck were constructed to provide mutual support to one another. The roof did not contain an adequate slope, which caused water to seep down into the walls and flooring rather than to flow downward and away from the property. Over time, penetrating water caused portions of the roof, the floor, and the supporting wall between the roof and deck to rot.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Is the Construction Industry Actually a Technology Hotbed?
August 19, 2024 —
Andrew Silver - Construction ExecutiveTechnology has always been a driving force behind progress, and the construction industry is no exception. Over the years, technological advancements have revolutionized the way companies design, plan and build structures, leading to increased efficiency, safety and sustainability. From virtual-reality simulations to drones and 3D printing, technology has transformed every aspect of the construction process. However, the construction trades still lag behind other sectors in adoption of digital technologies. With a lack of skilled labor continuing to be an impediment to growth and profitability in the construction industry, technological developments could have significant implications for successful adopters.
Already, the industry is seeing a huge difference in valuation between traditional engineering and construction firms and construction software companies. As labor shortages continue to hinder growth in the industry, consolidation is likely, as is the probability that companies with the greatest tech capabilities will be the most highly valued. There are several areas of technology that are of the greatest interest in the current marketplace.
BIM
Building information modeling with computer-aided design software now allows architects and engineers to create detailed and accurate 3D models of buildings and infrastructure projects, integrating data about every aspect of the building, from materials and costs to energy efficiency and maintenance schedules. These models not only help in visualizing the final product; they also enable better communication and collaboration among project stakeholders.
Reprinted courtesy of
Andrew Silver, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Job Growth Seen as Good News for North Carolina Housing Market
November 20, 2013 —
CDJ STAFFDavid Mayo, the president of the Home Builders Association of Hendersonville told housing professionals that “it’s been a tough few years, but by all accounts it’s better now.” Currently, Henderson County, North Carolina is seeing three new jobs created for every building permit issued, which is seen as the critical measure of a region’s economic health, according to Dale Akins, a market research firm.
Henderson County has seen a rise in building permits, with 32% more permits issued in the first nine months of 2013 than in the same period of 2012. By contrast, adjacent Transylvania County has seen little job growth and a housing market that has shrunk by 25%.
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Meet the Forum's ADR Neutrals: LISA D. LOVE
March 19, 2024 —
Marissa L. Downs - The Dispute ResolverCompany: JAMS
Office Location: New York, NY
Email: llove@jamsadr.com
Website: https://www.jamsadr.com/love/
Law School: Georgetown University Law Center (J.D. 1984)
Types of ADR services offered: Arbitration, mediation, neutral evaluation and special master services
Affiliated ADR organizations: JAMS, Chartered Institute of Arbitrators, and CPR
Geographic area served: Domestic and International
Q: Describe the path you took to becoming an ADR neutral.
A: I started my legal career practicing law as a complex commercial transactions attorney in the corporate department of a major New York law firm for eleven years. After leaving the firm, I served as chief legal counsel to several municipalities and as co-founding partner of a boutique finance, infrastructure and real estate law firm.
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Marissa L. Downs, Laurie & Brennan, LLPMs. Downs may be contacted at
mdowns@lauriebrennan.com
The Right to Repair Act (Civ.C §895 et seq.) Applies and is the Exclusive Remedy for a Homeowner Alleging Construction Defects
February 07, 2018 —
Craig Wallace – Smith Currie McMillin Albany LLC v. Superior Court (01.18.18) ____ Cal.4th _____ (2018 WL 456728)
The California Supreme Court confirmed that the Right to Repair Act (CA Civil Code § 895, et seq. and often referred to by its legislative nomenclature as “SB800”) applies broadly to any action by a residential owner seeking recovery of damages for construction defects, regardless of whether such defects caused property damages or only economic losses. This includes the right in the Act of the builder to attempt repairs prior to the owner filing a lawsuit.
Background
Homeowners sued builder for construction defects. Included in their causes of action was a cause of action for violation of the Right To Repair Act. The Act requires that before filing litigation, a homeowner must give the builder notice and engage in a nonadversarial prelitigation process which gives the builder a right to repair the defects. The builder asked the court to stay the homeowners’ action so the prelitigaiton process could be undertaken. Rather than give the builder the repair right, the homeowners dismissed the particular cause of action from their case, leaving only other so-called common law and warranty causes of action. The common law claims sought recovery for property damage caused by the defects. The builder nonetheless asked to the Court to stay the action so it could exercise its right to repair.
The trial court, relying on
Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98, denied builder’s request to stay the action. The
Liberty Mutual Court concluded that certain common law construction defect claims fell outside the purview of the Act. Builder appealed. The Court of Appeal disagreed with
Liberty Mutual, so did not follow it, granted the builder’s request for a stay, and directed that the homeowners afford the builder the right to repair the claimed defects as provided under the Act.
The California Supreme Court affirmed, disapproving
Liberty Mutual and the subsequent cases relying on it.
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Craig Wallace, Smith CurrieMr. Wallace may be contacted at
swwallace@smithcurrie.com
Court Rules that Damage From Squatter’s Fire is Not Excluded as Vandalism or Malicious Mischief
April 15, 2015 —
Valerie A. Moore, Christopher Kendrick, and Colin T. Murphy – Haight Brown & Bonesteel LLPIn Ong v. Fire Insurance Exchange (No. B252773, filed 4/3/15), a California appeals court ruled that a vacancy exclusion limited to damage caused by “vandalism or malicious mischief” did not bar coverage for damage to a vacant property caused by a warming fire purposely started by a transient that got out of control and spread to other parts of the property.
In Ong, the insured’s rental premises had been vacated by tenants and the utilities turned off. Nearly two years later, the insured submitted a claim for fire damage that had just occurred. An investigator reported finding signs that a squatter had been living in the building, stating that: “[I]t appears the fire may have been initiated as the result of an uncontrolled warming fire started by an unauthorized inhabitant.” The investigator found firewood and a mattress, and concluded that holes burned in the floor were the result of the squatter attempting to throw burning wood out the door when the fire got out of control.
The policy excluded vandalism as follows: “We do not cover direct or indirect loss from: . . . 4. Vandalism or Malicious Mischief, breakage of glass and safety glazing materials if the dwelling has been vacant for more than 30 consecutive days . . . just before the loss. A dwelling under construction is not considered vacant.” The term “Vandalism” was not defined in the policy. The insurer denied coverage based on the exclusion, stating: “Our investigation indicates that this loss was the result of vandalism. A trespasser entered the vacant dwelling and intentionally set a fire on the kitchen floor.”
Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys
Valerie A. Moore,
Christopher Kendrick and
Colin T. Murphy
Ms. Moore may be contacted at vmoore@hbblaw.com.
Mr. Kendrick may be contacted at ckendrick@hbblaw.com
Mr. Murphy may be contacted at cmurphy@hbblaw.com
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The Godfather of Solar Predicts Its Future
October 02, 2023 —
Oscar Boyd, Akshat Rathi, & Christine Driscoll - BloombergSetting world records. Combing through warehouses of old electronics. Seeding the Chinese solar industry from afar. This is the life of Martin Green, a professor at the University of New South Wales in Sydney and the director of the Australian Centre for Advanced Photovoltaics.
Green’s work on solar panel design made the modern solar industry possible: 90% of solar panels made last year were based on his designs. He’s still going strong, too, regularly breaking new records in the pursuit of the perfect solar panel.
This week on
Zero, Akshat Rathi sits down with the man many call “the godfather of solar” to hear firsthand how it happened, the next record he wants to break and whether solar panels are destined for space.
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Oscar Boyd, Bloomberg,
Akshat Rathi, Bloomberg and
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