Real Estate & Construction News Round-Up (01/11/23) – Construction Tech, Housing Market Confidence, and Decarbonization
February 01, 2023 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogTo kick of 2023, this week’s news round-up dives into contech inventions projected to impact the industry, shifting home prices and buyer confidence, investors prioritizing decarbonization efforts, and more.
- From holograms to robots, these 6 contech innovations are projected to tackle some of construction’s toughest issues. (Robyn Griggs Lawrence, Construction Dive)
- Manufacturing and data center projects will support the U.S. construction industry as work begins to slow on retail projects, warehouses and offices. (Sebastian Obando, Construction Dive)
- Despite macroeconomic headwinds, doubling down on decarbonization efforts is projected to be top-of-mind for investors and occupiers in 2023. (JLL)
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Pillsbury's Construction & Real Estate Law Team
20 Wilke Fleury Attorneys Featured in Sacramento Magazine 2020 Top Lawyers!
August 24, 2020 —
Wilke FleuryCongratulations to Wilke Fleury’s featured attorneys who made the Sacramento Magazine’s Top Lawyer List for 2020!
Each attorney has been awarded an accolade in the following practice areas:
Kathryne Baldwin – Insurance
Dan Baxter – Business Litigation & Government Contracts
Adriana Cervantes – Medical Malpractice
Heather Claus – Health Care
Aaron Claxton – Health Care
Dan Egan – Bankruptcy and Creditor/Debtor
Samson Elsbernd – Employment & Labor
Danny Foster – Litigation Insurance
David Frenznick – Construction & Construction Litigation
George Guthrie – Real Estate & Construction Litigation
Ron Lamb – Medical Malpractice
Neal Lutterman – Medical Malpractice
Steve Marmaduke – Business/Corporate & Real Estate
Gene Pendergast – Estate Planning & Probate
Mike Polis – Health Care
Matthew Powell – Business Litigation
Bianca Samuel – Employment & Labor
Shannon Smith-Crowley – Legislative & Governmental Affairs
Spencer Turpen – Medical Malpractice
Steve Williamson – Business Litigation & Bankruptcy and Creditor/Debtor
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Wilke Fleury
This Is the Most Remote and Magical Hotel on Earth
May 12, 2016 —
Sarah Hepola – BloombergThere are no signs leading to the Fogo Island Inn. That’s how hard it is to miss the place. Designed by architect Todd Saunders, who grew up in nearby Gander, the building takes its inspiration from the fishing shacks that dot the shoreline, sagging on old wooden stilts, but it was also made with the dimensions of a cruising vessel. Three hundred feet long by 30 feet wide. Like a ship that’s just sailed into harbor.
For decades, the flow of traffic in this community off the Newfoundland coast had moved in one direction: away. Fewer than 2,500 people live on an island four times the size of Manhattan. But the inn, the brainchild of Fogo Island native and tech millionaire Zita Cobb, reversed that trend when it was completed in 2013. Strangers now come from around the world to see the island, whose unspoiled landscape makes it a coveted spot for the under-the-radar traveler.
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Sarah Hepola, Bloomberg
To Require Arbitration or Not To Require Arbitration
December 31, 2014 —
Christopher G. Hill – Construction Law MusingsMany, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one tool in the contracting tool box in a state where the contract is king. I picked the title of this post carefully because I wanted to discuss whether such clauses should be required as a routine part of all construction contracts and, if so, how those clauses can and should be written.
I have previously shared my thoughts on mandatory arbitration and its desirability in numerous spots here at Construction Law Musings (you can search arbitration or check out the ADR page for more). In short, my opinion is that arbitration was initially conceived with the purpose of streamlining the dispute resolution process and to correspondingly lower the costs associated with such dispute resolution. Arbitration, when used correctly, can, in certain very industry specific cases, help by using an arbitrator or panel of arbitrators that have some expertise in the particular area of the construction industry or the particular specialized issue that will turn the case one way or the other. All of these goals are good and I applaud them.
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Christopher G. Hill, Law Office of Christopher G. Hill, PCMr. Hill may be contacted at
chrisghill@constructionlawva.com
Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs
May 11, 2020 —
Nancy Sabol Frantz, Marissa Levy, Timothy E. Davis & Kristen E. Andreoli - White and WilliamsIn support of financial institutions and borrowers during the COVID-19 pandemic, the newly enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes a number of provisions permitting lenders to suspend, during a covered period, requirements under U.S. Generally Accepted Accounting Principles (GAAP) with respect to categorizing certain loan modifications as a troubled debt restructuring (TDR) due to COVID-19. In light of the CARES Act, the Federal Deposit Insurance Corporation (FDIC) issued a series of answers to FAQs for financial institutions with respect to loan modifications. The FAQs help guide lenders as well as borrowers as they address pending defaults under existing credit facilities. The FAQs encourage financial institutions to work with borrowers who may be unable to meet their payment obligations due to COVID-19 in several ways:
Payment Accommodations
Short-term accommodations which modify, extend, suspend or defer repayment terms should be intended to facilitate the borrower’s ability to work through the immediate impact of the virus. According to the FAQs, all loan accommodation programs should ultimately be targeted towards repayment. To that end, the FDIC recommends that financial institutions address deferred or skipped payments by either extending the original maturity date or by making those payments due in a balloon payment at the maturity date of the loan.
Reprinted courtesy of White and Williams attorneys
Nancy Sabol Frantz,
Marissa Levy,
Timothy E. Davis and
Kristen E. Andreoli
Ms. Frantz may be contacted at frantzn@whiteandwilliams.com
Ms. Levy may be contacted at levymp@whiteandwilliams.com
Mr. Davis may be contacted at davist@whiteandwilliams.com
Ms. Andreoli may be contacted at andreolik@whiteandwilliams.com
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Ahead of the Storm: Preparing for Dorian
September 16, 2019 —
Adam P. Handfinger, Stephen H. Reisman & Gary M. Stein - Peckar & Abramson, P.C.While Hurricane Dorian churns in the Atlantic with its sights currently set on the east coast of Florida, storm preparations should be well underway. As you are busy organizing efforts to secure your job sites, we at Peckar & Abramson offer some quick reminders that may prove helpful:
- Review your contracts, particularly the force majeure provisions, and be sure to comply with applicable notice requirements
- Even if not expressly required at this time, consider providing written notice to project owners that their projects are being prepared for a potential hurricane or tropical storm and that the productivity and progress of the work will be affected, with the actual time and cost impact to be determined after the event.
- Consult your hurricane plan (which is often a contract exhibit) and confirm compliance with all specified safety, security and protection measures.
- Provide written notice to your subcontractors and suppliers of the actions they are required to take to secure and protect their portions of the work and the timetable for completion of their storm preparations.
Reprinted courtesy of Peckar & Abramson, PC attorneys
Adam P. Handfinger,
Stephen H. Reisman and
Gary M. Stein
Mr. Handfinger may be contacted at ahandfinger@pecklaw.com
Mr. Reisman may be contacted at sreisman@pecklaw.com
Mr. Stein may be contacted at gstein@pecklaw.com
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Premises Liability: Everything You Need to Know
September 09, 2019 —
Bremer Whyte Brown & O'Meara LLPPremises liability is a relatively simple concept: landowners, lessors, and occupiers of land must keep their property safe and avoid causing harm to others. Premises liability lawsuits can arise from an array of circumstances including a slip and fall by an individual, a construction site accident, or an accident at occurs on a residential or commercial property. Under California law, everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property. California Civil Code 1714 (a). When an individual is injured on a property, the person harmed generally brings a lawsuit based upon a theory of negligence. Under this theory, an injured Plaintiff must prove the following:
- The defendant owned, leased, occupied, or controlled the property;
- The defendant was negligent in the use or maintenance of the property;
- The plaintiff was harmed; and
- The defendant’s negligence was a substantial factor in causing the plaintiff’s harm.
California Civil Jury Instructions 1000.
When evaluating a negligence claim under the theory of premises liability, there are several key elements for both a Plaintiff and a Defendant to consider. First, the landowner, occupier, or lessor of a premises is under a duty to exercise ordinary care in the use or maintenance of the premises to avoid exposing persons to an unreasonable risk of harm. Rowland v. Christian, 69 Cal. 2d 108 (1968). Essentially, a landowner or occupier is required to take steps to keep individuals on the property free from harm.
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Bremer Whyte Brown & O'Meara LLP
FDOT Races to Re-Open Storm-Damaged Pensacola Bridge
April 12, 2021 —
Jim Parsons - Engineering News-RecordBuffeted by hurricanes, northwest Florida’s largest-ever infrastructure effort is finally seeing the light at the end of the storm. The three-mile-long bridge across Pensacola Bay is expected to reopen to traffic this spring after an ongoing replacement effort abruptly became an emergency repair job as well.
Reprinted courtesy of
Jim Parsons, Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com
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