Building Permits Up in USA Is a Good Sign
November 27, 2013 —
CDJ STAFFThe number of building permits for houses issued throughout the country hasn’t been higher since June 2008, a sign that the home building industry continues to recover, even in the face of higher interest rates. “These reports are unequivocally in line with our view that the housing recovery remains will on track, as the lack of supply will continue to support both construction activity and house prices,” according to Harm Bandholz, the chief U.S. economist for UniCredit Research.
Building permits were up 13.9% over last year and beat projections of 930,000 permits on an annual rate. The current annual rate for building permits is 1.03 million. Permits for multifamily homes were up 20.1% in September and 15.3% in October. Single-family homes were up 0.8% in October, but had fallen 1.9% the month before.
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How U.S. Design and Architecture Firms Can Profit from the Chinese Market and Avoid Pitfalls
December 23, 2024 —
Chengdong ("C.D.") Xing - The Dispute ResolverDespite recent challenges, including obvious political tensions, economic cooling in the PRC, and increased local competition, the Chinese market remains an attractive destination for U.S. design and architecture firms. For instance, PEI Architects has maintained its success in China through long-standing relationships with key clients and is currently involved in two major projects for the Bank of China: a 1.9 million-square-foot complex in Shanghai and a financial center in Haikou.[i] Similarly, NBBJ is playing a critical role in the development of Tencent’s Net City in Shenzhen, a 2-million-square-meter smart city project that aligns with China's goals of sustainable and tech-driven urbanization.[ii] These examples show that while the Chinese market presents challenges, it continues to offer significant opportunities, particularly in sectors where innovative and cutting-edge architectural solutions are in high demand. At the same time, U.S. firms should exercise care: proper advance planning and strategic alliances are crucial for profitable forays into the Chinese market.
JR Design Project: A Cautionary Tale
When operating in China, U.S. design firms often encounter regulatory challenges, particularly with respect to China’s strict qualification requirements for architectural design services. Failure to meet these requirements can result in serious legal issues, including the potential invalidation of design contracts, as demonstrated in a leading case decided by the Supreme People’s Court of PRC (the nation’s highest court).
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Chengdong ("C.D.") Xing, Rajah & Tann Singapore LLPMr. Xing may be contacted at
chengdong.xing@rajahtann.com
Federal Lawsuit Accuses MOX Contractors of Fraud
March 04, 2019 —
Scott Judy - Engineering News-RecordA subcontractor employee working on the now-canceled MOX project in South Carolina used football tickets, automobile tires, barbecue grills and other gifts to persuade employees of CB&I AREVA MOX Services and other vendors to help approve thousands of fraudulent invoices cumulatively valued at more than $6.4 million, according to a Dept. of Justice lawsuit filed Feb. 14 that names both companies as defendants. The controversial project at the Savannah River Site in Aiken, S.C., originally scheduled for completion in 2016, was canceled in January after cost and schedule estimates increased significantly.
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Scott Judy, ENRMr. Judy may be contacted at
judys@enr.com
Where Mechanic’s Liens and Contracts Collide
July 02, 2018 —
Christopher G. Hill - Construction Law MusingsToday at Construction Law Musings, we’re back to a discussion of mechanic’s liens.
This past week, the Loudoun County Circuit Court here in Virginia had an opportunity to discuss the interaction between mechanic’s liens, contracts and the law of fixtures. In TWP Enters. v Dressel, the Court considered a provision of a contract between the TWP Enterprises, a supplier of materials to the construction project, and the builder for the defendant. The provision between the supplier and builder essentially stated that until such time as TWP’s materials were paid for in full, TWP kept title to them (check out the case link above for the full text of the provision).
Needless to say, the builder did not pay and TWP filed a mechanic’s lien then sued to enforce that lien. The owners demurred to the complaint and asked the Court to dismiss the claim on several grounds, among them that the contractual provision described above precluded the enforcement of the lien because TWP retained title to the materials despite the fact that they had been incorporated into the structure of the building and were therefore part of the realty.
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Christopher G. Hill, The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Want a Fair Chance at a Government Contract? Think Again
July 13, 2017 —
Duane Craig - Construction InformerIf you’ve ever missed out on a government contract, part of the reason might have been because entrenched government contractors gained competitive advantages by under-paying their workers. The Fair Pay & Safe Workplaces executive order was nullified by Congress this year and much of the reporting by the business press presented just one side of the story. Here’s another perspective.
When awarding federal contracts the government is supposed to consider each contractor’s compliance with labor laws related to pay, health and safety. But, there is a huge problem with enforcement on a government contract, according to Senator Elizabeth Warren and other observers.
- Some federal contractors frequently underpay their workers violating wage and hour laws. More than 300,000 workers were cheated out of pay while working under federal contracts in the last decade. There were 12,000 companies working on federal contracts that were doing the cheating.
- 692 federal contractors significantly violated federal labor laws, and then repeated the behavior, over and over. The repeat offenders receive millions in taxpayer dollars as they violated safety and health standards. Those violations caused a wide range of physical harm to workers. Dozens of workers died, and countless numbers were exposed to chemicals that cause long term health problems.
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Duane Craig, Construction InformerMr. Craig may be contacted at
dtcraig@constructioninformer.com
Construction Law Breaking News: California Supreme Court Rules in Favor of Beacon Residential Community Association
July 09, 2014 —
Steven M. Cvitanovic – Haight Brown & Bonesteel LLPOn July 3, 2014, the California Supreme Court issued its opinion affirming the First District Court of Appeal in the case of Beacon Residential Community Association v. Skidmore, Owings & Merrill (Case No. S208173). The issue in the Beacon case is whether the architects of a residential project owe a duty to future third party homeowners under SB800 and common law. In 2011, Judge Richard Kramer of the San Francisco Superior Court sustained demurrers of Skidmore, Owings & Merrill and HKS Architects to the homeowners association complaint without leave to amend. The homeowners association appealed and the First District Court of Appeal reversed Judge Kramer, ruling that the homeowners could assert SB800 and common law claims against the architects of the project even in the absence of privity of contract.
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Steven M. Cvitanovic, Haight Brown & Bonesteel LLPMr. Cvitanovic may be contacted at
scvitanovic@hbblaw.com
Google, Environmentalists and University Push Methane-Leak Detection
December 21, 2016 —
Mary B. Powers – Engineering News-RecordNational Grid, which serves New York, Massachusetts and Rhode Island, is set to be the second U.S. natural-gas utility to use technology advanced by Google Earth, the Environmental Defense Fund (EDF) and Colorado State University to boost large-scale methane-leak detection. It is launching a $3-billion effort to replace gas pipelines in New York. The technology uses cutting-edge spatial analytics methods and methane sensors, specially fitted to Google Street View cars, to identify leaks and accurately measure the amount of methane escaping.
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Mary B. Powers, Engineering News-RecordENR may be contacted at
ENR.com@bnpmedia.com
Property Damage Caused By Construction Next Door Covered as Ensuing Loss
July 16, 2014 —
Tred R. Eyerly – Insurance Law HawaiiDamage to the insureds' property caused by construction undertaken on the adjacent lot was covered under the insureds' property policy. Chubb Indem. Ins Co. v. 21 E. Cedar, 2014 U.S. Dist. LEXIS 79906 (N.D. Ill. June 12, 2014).
The insureds' home sustained damage contemporaneous with demolition, excavation, and construction taking place on a adjacent lot. Chubb paid benefits to the insureds for their loss, and then sought to recover as subrogee from the defendants who performed the construction.
The defendants argued there was no coverage under Chubb's policy. Faulty planning, construction or maintenance were excluded. An exception to the exclusion stated, however, "we do insure ensuing covered loss unless another exclusion applies." Defendants argued characterizing the damages as ensuing losses was purely semantic and self-serving, designed to involve the ensuing loss provision in order to protect Chubb's coverage determination. Chubb contended the exclusion applied only to the specific property being insured and not to a neighbor's property where work is being performed. Therefore, the faulty construction exclusion did not apply and the ensuing loss provision was triggered.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com