The BUILDCHAIN Project Enhances Data Exchange and Transparency in the EU Construction Industry
January 23, 2023 —
Aarni Heiskanen - AEC BusinessTrace Labs, a WEB 3 developer, joins the EU’s efforts to create a smarter and more sustainable built environment with the
BUILDCHAIN project. With its 11 EU partners, Trace Labs aims to improve efficiency, reduce errors, and increase transparency and trust in construction.
Efficient, transparent, and trusted data exchange is a powerful tool for driving sustainability, resilience, and energy efficiency in construction. However, there are several obstacles to trusted data exchange in the industry today:
- Data silos: Construction projects involve multiple parties and stakeholders, each of which may have its systems for storing and sharing information. This can lead to data silos and a lack of coordination, making it difficult to access and trust the data.
- Lack of standardization: Construction projects may use different formats for storing and sharing data, leading to difficulties in comparing and combining information from various projects.
- Data security: Construction projects often involve sensitive information, such as building plans, materials lists, and inspection results. Ensuring this information is secure and protected from unauthorized access can be a significant challenge.
- Lack of incentives: There are often few incentives for construction companies and other stakeholders to share data and collaborate on projects, making establishing trust and transparency challenging.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Traub Lieberman Partner Greg Pennington Wins Summary Judgment in Favor of Property Owner
September 12, 2022 —
Gregory S. Pennington - Traub LiebermanIn a case brought before the Superior Court of New Jersey, Traub Lieberman Partner Greg Pennington won a motion for summary judgment in favor of their client, the owner of a residential property (“Property Owner”) in Atlantic City, New Jersey. The Property Owner had retained a Construction Company (“Construction Company” or “Contractor”) to perform renovations to the residence, which included building a new staircase. The Plaintiff alleged that while walking down a set of temporary wooden steps on the property, the third step broke, which caused him to fall and resulted in the alleged injuries. The Plaintiff brought suit against the Property Owner and Construction Company for personal injuries as a result of the alleged fall.
In the contract between the Property Owner and the Construction Company, it is stated that “[the Contractor] shall be solely responsible for all construction methods and materials and for coordinating all portions of the Work….The Contractor warrants to [the Property Owner] that all materials and equipment incorporated are new and that all work shall be of good quality and free of defects or faults.” The contract continues to state that the Construction Company shall indemnify and hold harmless the Property Owner against all claims, which includes damages, losses, expenses, legal fees and other costs that might arise from the Construction Company’s performance of the work under the contract.
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Gregory S. Pennington, Traub LiebermanMr. Pennington may be contacted at
gpennington@tlsslaw.com
Study Finds Construction Cranes Vulnerable to Hacking
May 20, 2019 —
Jeff Rubenstone - Engineering News-RecordWhen securing a jobsite against malicious hackers, most go to protect computer files, and few look up and worry about the tower cranes. But many cranes—whether tower, mobile or industrial—can be remotely run via radio wireless controllers, a useful feature for when operators need a clearer view of the load from the ground. Unfortunately, these wireless signals are vulnerable to hijacking, according to a study released earlier this year by security research firm Trend Micro. It found that the radio signals these crane controllers use are not encrypted over the air in any way, and can be easily intercepted and spoofed using off-the-shelf equipment and a basic knowledge of electronics and radio engineering.
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Jeff Rubenstone, ENRMr. Rubenstone may be contacted at
rubenstonej@enr.com
If You Purchase a House at an HOA Lien Foreclosure, Are You Entitled to Excess Sale Proceeds?
February 03, 2020 —
Ben Reeves - Snell & Wilmer Real Estate Litigation BlogThat pesky excess sale proceeds statute, A.R.S. § 33-727, is making waves again. We previously blogged about this statute here. In the prior post, we explained that excess sale proceeds (i.e., a foreclosure sale price greater than the lien being foreclosed) must be used to pay other lien creditors, in full, before the owner receives anything. Recently, the Arizona Court of Appeals held that creditors also take excess sale proceeds before the person who purchased the property at foreclosure. The case, Vista Santa Fe Homeowners Association v. Millan, No. 1 CA-CV 18-0609 (Ct. App. Oct. 15, 2019), is discussed below.
The Facts
In Vista Santa Fe, an individual bought a home secured by a first and second deed and trust. The homeowner defaulted on assessments owed to the Vista Santa Fe Homeowners Association (the “HOA”), and the HOA commenced an action to foreclose the resulting assessment lien. At the time, the HOA was owed approximately $14,000.
Patterson Commercial Land Acquisition & Development, LLC (“Patterson”) purchased the property at the HOA’s sheriff’s sale for $42,000. After satisfying the HOA’s lien, the sheriff deposited the excess sale proceeds, in the amount of approximately $28,000, with the clerk of the court.
Both Patterson and the second deed of trust holder, Bank of New York Mellon (“Bank”), submitted claims for the excess sale proceeds.[1] The trial court awarded the money to the Bank, and Patterson appealed.
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Ben Reeves, Snell & Wilmer
Sixth Circuit Finds No Coverage for Faulty Workmanship Under Kentucky Law
December 30, 2013 —
Tred Eyerly — Insurance Law HawaiiFollowing Kentucky law, the Sixth Circuit determined there was no coverage for a construction defect claim. Liberty Mut. Fire Ins. Co. v. Kay & Kay Contracting, LLC, 2013 U.S. App. LEXIS 23587 (6th Cir. Nov. 19, 2013).
Walmart hired a contractor to build a new store. The contractor hired Kay and Kay to perform site preparation work and construct the building pad for the new store.
After Kay and Kay completed the building pad and the store was erected, cracks were noticed in the building's walls. Walmart contended there was settling in the some of the fill areas. Kay and Kay denied liability, but demanded coverage under its CGL policy with Liberty Mutual.
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Tred EyerlyTred Eyerly can be contacted at
te@hawaiilawyer.com
Court Finds No Occurrence for Installation of Defective flooring and Explains Coverage for Attorney Fee Awards
January 05, 2017 —
Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLPIn Navigators Specialty Ins. Co. v. Moorefield Const. (No.G050759, filed 12/27/16), a California appeals court held that the knowing installation of flooring over a vapor-emitting slab was not an accident or occurrence, entitling the insurer to reimbursement of money paid as damages to settle a construction defect suit. But the court further held that there was no right of reimbursement for the portion of money payable under the policy’s supplementary payments coverage as costs for contractual prevailing party attorney’s fees.
Navigators insured Moorefield, the general contractor for a Best Buy store. Testing in construction revealed a vapor emission rate from the concrete slab above the approved standard for the flooring. The contractor’s personnel testified that it was normal to install the flooring regardless. Notwithstanding, the contractor’s personnel testified that they consulted the owner and were directed to proceed. In doing so, the contractor also expressly released the flooring subcontractor from any warranty claims.
Reprinted courtesy of
Christopher Kendrick, Haight Brown & Bonesteel LLP and
Valerie A. Moore, Haight Brown & Bonesteel LLP
Mr. Kendrick may be contacted at ckendrick@hbblaw.com
Ms. Moore may be contacted at vmoore@hbblaw.com
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How AI Can Become a Design Adviser
October 02, 2018 —
Aarni Heiskanen - AEC BusinessParametrized design software is not a recent invention. This software is based on predetermined, fixed algorithms, leaving most of the work to the designer. Sweco, a leading engineering consultancy, is now exploring how artificial intelligence (AI) could take design automation in the Architecture, Engineering, and Construction industry to the next level.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Policy Lanuage Expressly Prohibits Replacement of Undamaged Material to Match Damaged Material
March 09, 2020 —
Tred R. Eyerly - Insurance Law HawaiiConstruing an all-risk Businessowners Policy, the court found that the policy language did not required replacement of undamaged material match materials that were damaged. Pleasure Creek Townhomes Homeowners' Ass'n v. Am. Family Ins. Co., 2019 Minn. App. Unpub. LEXIS 1095 (Minn. Ct. App. Nov. 25, 2019).
The policy covered the Association's 14 townhome buildings. In June 2017, a hail storm damaged siding on all 14 buildings. An appraisal panel included the cost to replace the undamaged, faded siding in its appraisal award so that it would match the new siding. American Family refused to pay this component - which was appraised at about $211,382 - of the award.
An exclusion in the policy provided,
We will not pay to repair or replace undamaged material due to mismatch between undamaged material and new material used to repair or replace damaged material.
We do not cover the loss in value to an property due to mismatch between undamaged material and new material used to repair or replace damaged material.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com