New Proposed Regulations Expand CFIUS Jurisdiction Regarding Real Estate
January 20, 2020 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogOn September 17, 2019, the U.S. Department of Treasury issued two new proposed rules for the Committee on Foreign Investment in the United States (CFIUS) implementing the Foreign Investment Risk Review Modernization Act (FIRRMA). Of particular interest to readers of this blog was the second of the proposed rules, which addressed FIRRMA’s real estate-related expansion of CFIUS jurisdiction.
Pillsbury's Construction & Real Estate Law Team
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The Great Skyscraper Comeback Skips North America
February 05, 2015 —
Patrick Clark – BloombergTall buildings are back. Developers around the globe completed a record 97 buildings of at least 200 meters (656 feet) in height in 2014, according to a new report from the Council on Tall Buildings and Urban Habitat, as size-obsessed builders got back on a growth track after a two-year skyscraper dip.
It’s not hard to explain the pattern. A typical skyscraper takes two to four years to finish, says report co-author Daniel Safarik. Work back from the year of completion, and the global financial crisis looks like an easy explanation for the drop-off in tall buildings. If you thought it was hard to get a home loan in 2009, imagine asking bankers to finance a gravity-and-wind-defying symbol of luxury, industry, and capitalist will. Especially, as Bloomberg Businessweek’s Bryant Urstadt pointed out, since supertall buildings are notorious for being hard to fill with tenants. (It’s worth noting that “tall” isn’t a technical term, though “supertall,” which is used to describe buildings more than 300 meters tall, is. And construction schedules vary. The Ryugyong Hotel in Pyongyang, North Korea, planned for 330 meters, has been under construction for 28 years, according to a CTBUH report last year.)
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Patrick Clark, Bloomberg
Philadelphia Court Rejects Expert Methodology for Detecting Asbestos
October 11, 2017 —
Christian Singewald, Wesley Payne & Jonathan Woy - White and Williams LLPLawsuits against talcum powder manufacturers have recently made headlines for the multimillion dollar verdicts returned in favor of plaintiffs with ovarian cancer. However, lawsuits brought by individuals with mesothelioma who did not work in occupations traditionally associated with asbestos exposure represent another potential liability for talcum powder manufacturers and retailers. In such cases, expert testimony linking mesothelioma to trace amounts of asbestos in talcum powder should be carefully scrutinized.
Reprinted courtesy of White and Williams LLP attorneys
Christian Singewald,
Wesley Payne and
Jonathan Woy
Mr. Singewald may be contacted at singewaldc@whiteandwilliams.com
Mr. Payne may be contacted at paynew@whiteandwilliams.com
Mr. Woy may be contacted at woyj@whiteandwilliams.com
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ABC, Via Construction Industry Safety Coalition, Comments on Silica Rule
February 18, 2020 —
Rachel O'Connell - Construction ExecutiveThe Construction Industry Safety Coalition (CISC) has responded to OSHA’s request for information regarding changes to the “Occupational Exposure to Respirable Crystalline Silica – Specified Exposure Control Methods Standard,” also known as the silica rule. Specifically, OSHA requested comments in mid-August on potential changes to Table 1, which designates compliance actions for a range of conditions and tasks exposing workers to respirable crystalline silica.
CISC, comprised of 26 members including Associated Builders and Contractors, has formally requested that OSHA expand compliance options. “Expanding Table 1 and otherwise improving compliance with the rule is of paramount importance to member associations and contractors across the country,” CISC tells OSHA Principal Deputy Loren Sweatt. “Based upon feedback from contractors, both large and small, compliance with the rule remains challenging.”
Reprinted courtesy of
Rachel O'Connell, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Brazil World Cup Soccer Crisis Deepens With Eighth Worker Death
May 13, 2014 —
Tariq Panja – BloombergBrazil’s troubled World Cup staging efforts suffered another setback today following the electrocution death of a worker at one of the stadiums still under construction.
Mohammed Ali, 32, was killed while working in the Arena Pantanal in Cuiaba, said Renata Martins, a spokeswoman for the state of Mato Grosso, where the venue is located.
Ali’s death is the eighth construction related fatality at Brazil’s 12 World Cup venues and comes 35 days before the tournament opens on June 12 in Sao Paulo’s Corinthians Arena, another facility where work remains. The Cuiaba stadium, which will host four games starting with Chile playing Australia on June 13, is still missing 5,000 seats.
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Tariq Panja, BloombergMr. Panja may be contacted at
tpanja@bloomberg.net
Pennsylvania Finds Policy Triggered When Property Damage Reasonably Apparent
January 28, 2015 —
Tred R. Eyerly – Insurance Law HawaiiThe Pennsylvania Supreme Court addressed when a liability policy was triggered for ongoing property damage. The Court also declined to apply the multiple trigger theory. Pennsylvania Nat'l Mut. Cas. Ins. Co. v. John, 2014 Pa. LEXIS 3313 (Pa. Dec. 15, 2014).
In 2002, Appellants, co-owners of a dairy farm, expanded the size of their dairy herd and milking facility. Appellants hired LPH Plumbing to install a new plumbing system, which would include a wastewater drainage system and a separate freshwater drinking system. LPH Plumbing subcontracted with Stoltzfus Welding to weld metal pipes leading to a holding tank for the new freshwater drinking system. Construction was completed in July 2003.
Unknown to Appellants, the plumbing system was defective when dairy operations began. PVC piping for the wastewater was cracked, allowing "gray water" to escape. Further Stoltzfus failed to properly weld an intake pipe leading to a holding tank that formed a part of the freshwater drinking system for the dairy herd. Consequently, Appellants' herd was exposed to contaminated drinking water shortly after dairy operations began in July 2003.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Newmeyer & Dillion Announces Three New Partners
March 16, 2017 —
Newmeyer & Dillion LLPNEWPORT BEACH, Calif. – FEBRUARY 7, 2017 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that three of the firm’s attorneys – Ben Ammerman, Anne Kelley and Rondi Walsh – have been elected to partnership. Their promotions are effective immediately.
“The elevation of these three attorneys is a testament to their leadership, hard work, and unwavering commitment to superior service for our clients and the firm,” proclaimed Jeff Dennis, Newmeyer & Dillion’s Managing Partner. “This is an exciting time for the firm as we look forward to their continued success and contributions.”
Ammerman (based in Newport Beach, CA) focuses his practice in the areas of business, real estate, and tort litigation. In addition to his private practice, Ammerman presently serves as a Commander in the Navy Reserve Judge Advocate General’s Corps. He's also an active alumnus, currently named co-chair of the University of Southern California’s 20th Reunion Committee.
Kelley (based in Walnut Creek, CA) concentrates primarily in construction litigation and insurance coverage matters. She has over 12 years of experience working closely with builders, developers, contractors and subcontractors throughout Northern California developing legal strategies specific to the needs of each matter and the client’s business and goals. Kelley has litigated a wide variety of complex insurance coverage disputes.
Walsh (based in Newport Beach, CA) has incorporated into her practice the representation of policyholders in first and third-party insurance coverage, and business lawsuits involving contracts, property disputes, products liability and construction defect issues. She also has litigated numerous political and election law matters and has worked both professionally and as a volunteer on numerous political campaigns. Walsh is also an active member with the National Charity League.
About Newmeyer & Dillion
For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com.
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South Dakota Supreme Court Holds That Faulty Workmanship Constitutes an “Occurrence”
September 14, 2017 —
Samantha Martino - Saxe Doernberger & Vita, P.C.The South Dakota Supreme Court recently determined that damage resulting from a subcontractor’s failure to test soil compaction before constructing a home constituted an “accident” and was therefore an “occurrence” under a commercial general liability (CGL) policy.
In Owners Ins. Co. v. Tibke Construction, Inc., the homeowners hired Tibke Construction, Inc. to build a new house, and Tibke Construction hired subcontractor Jerry’s Excavating to perform excavation work. The homeowners contended that Jerry’s Excavating failed to do soil compaction testing before commencing construction, which resulted in the home being built on highly expansive soils, leading to damage including excessive settlement, cracking and structural unsoundness.
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Samantha Martino, Saxe Doernberger & Vita, P.C.Ms. Martino may be contacted at
smm@sdvlaw.com