PCL Sues Big Bank for $30M in Claimed NJ Mall Unpaid Work
July 16, 2023 —
Mary B. Powers - Engineering News-RecordDenver-based PCL Construction Services sued JPMorgan Chase Bank in federal court earlier this month for $30 million in claimed unpaid work and interest related to construction of a $5-billion northern New Jersey mall and entertainment center that also faces other financial challenges since its COVID-19-impacted opening in 2019.
Reprinted courtesy of
Mary B. Powers, Engineering News-Record
ENR may be contacted at enr@enr.com
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Grupo Mexico Spill Sparks Public Scrutiny of $150 Million Mop-Up
September 17, 2014 —
Nacha Cattan – BloombergMexico is sending federal officials to Sonora state to oversee Grupo Mexico SAB (GMEXICOB)’s $150 million cleanup of a copper mine spill that the government says contaminated the water supplies of at least 24,000 people.
The special commission of environmental and agriculture ministry officials will monitor the company’s pledge to clean Mexico’s worst mining spill, which occurred Aug. 6 in the northern state that borders Arizona.
Grupo Mexico said last week it would create a $150 million trust after its Buenavista del Cobre operation dumped 11 million gallons of copper sulfate solution into two Sonora rivers. Industrias Bachoco SAB de CV and Ford Motor Co. (F) operate plants in Hermosillo, south of the contaminated waterways.
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Nacha Cattan, BloombergMs. Cattan may be contacted at
ncattan@bloomberg.net
Smart Construction and the Future of the Construction Industry
October 11, 2021 —
Caroline A. Harcourt, James W. McPhillips & Adam J. Weaver - Gravel2Gavel Construction & Real Estate Law Blog“Smart Construction” is a loose term but generally refers to the development and use of processes and applications that improve construction planning and the management of projects (thereby potentially streamlining costs of construction).
The increased deployment of collaboration tools (e.g., Zoom, Microsoft Teams, WebEx) and other cloud-based technology solutions during the COVID-19 pandemic will invariably result in more efficient project management in construction going forward. These type of efficiencies are sorely needed, especially as the industry is trying to recover from supply chain issues, lockdown challenges and social distancing requirements resulting from the pandemic.
However, smart construction goes well beyond those basic business efficiency and collaboration tools. For example, drones are regularly used on construction projects to monitor site conditions, detect problems, and assess conditions safely. Meanwhile, newer technologies such as “programmable” cement, “self-healing” concrete, and autonomous and robotic machinery are increasingly being deployed in construction projects. And yet, these current technology solutions are just the tip of the iceberg as researchers continue to look for new ways machines and technology can be used to solve complex engineering challenges.
Reprinted courtesy of
Caroline A. Harcourt, Pillsbury,
James W. McPhillips, Pillsbury and
Adam J. Weaver, Pillsbury
Ms. Harcourt may be contacted at caroline.harcourt@pillsburylaw.com
Mr. McPhillips may be contacted at james.mcphillips@pillsburylaw.com
Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com
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Preparing For and Avoiding Residential Construction Disputes: For Homeowners and Contractors
September 18, 2023 —
Christopher G. Hill - Construction Law MusingsFor this week’s Guest Post Friday here at Construction Law Musings, we welcome a great friend. Scott Wolfe Jr. (@scottwolfejr)is a construction attorney in Louisiana, Washington and Oregon, and is the founding member of the construction practice Wolfe Law Group. He authors the Construction Law Monitor. He is also the founder of the mechanic lien and preliminary notice filing service, Zlien, and the author of its Construction Lien Blog.
Residential construction disputes come in all shapes and sizes, but very typically have one thing in common: they can get very nasty.
This is understandable, especially in today’s economy. The homeowner is spending hard-earned money on something very personal to them, their home. They want it done right. The contractor is working on really tight margins, and with a diligent client.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
New Addition to the ASCE/SEI 7-22 Standard Protects Buildings from a 500-year Flood Event
June 05, 2023 —
The American Society of Civil EngineersReston, VA — The
American Society of Civil Engineers (ASCE) released a new update to their most widely used standard today,
ASCE/SEI 7-22 Minimum Design Loads and Associated Criteria for Building and Other Structures. As the increasing frequency of severe storms puts strain on communities across the globe, the design standard's
new flood load provisions will protect against 500-year flood events, which is a significant improvement to the 100-year flood hazard referenced in the previous version. The update — which is available in a supplement as a free download — is a significant revision of the design provisions in Chapter 5 to strengthen building resilience against the flood hazard. The ASCE 7 national loading standard is an integral part of building codes in the United States and around the globe.
"For more than 30 years, the ASCE 7 standard has been the authoritative source for the specification of minimum design loads and related criteria in the civil engineering community," said Tom Smith, ASCE Executive Director. "To ensure structures continue to be safe for the public, it is imperative that the standards we rely on are updated to account for emerging risks to the built environment. This Supplement is the most significant change to the standard's flood load provisions since the inception of ASCE 7 and will improve the safety and reliability of structures across the globe."
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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Congratulations to Associate Madeline Arcellana on Her Selection as a Top Rank Attorney in Southern Nevada!
July 18, 2022 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is proud to announce Senior Associate Madeline Arcellana was selected by Nevada Business Magazine as a Top Rank Attorney in Southern Nevada for her work in Civil Litigation, General Liability, and Personal Injury!
The lawyers selected to Nevada Business Magazine, Top Rank Attorneys list are at the top of their field and each nomination is put through an extensive verification process, resulting in the top attorneys in Nevada who are chosen by their peers. To view Nevada’s 2022 Top Rank Attorneys, please click
here.
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Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts
December 18, 2022 —
Anthony B. Cavender - Gravel2GavelThis is a review of initial Supreme Court and Federal Appeals Courts oral arguments and other matters in October 2022.
Oral Arguments at the Supreme Court
Michael Sackett, et ux., v. Environmental Protection Agency
The Supreme Court’s 2022 term began on October 3, 2022, with this important oral argument. For many years, the petitioner has encountered EPA opposition to the construction of a home on his property located near a lake in Idaho. The agency insists that the land is subject to federal regulatory jurisdiction, in that a Clean Water Act permit will be needed before work can proceed. Several courts have already weighed in on this issue; whether the land in question is considered a regulated “wetlands” pursuant to the “significant nexus” test developed by the Court in the Rapanos case decided in 2006. The oral argument was fairly long and spirited. The justices appear to believe that the “significant nexus” is unworkable because in many instances it provides little or no guidance to landowners as to whether their property may be subject to federal jurisdiction, and thus subject to civil and even criminal penalties. Justice Kavanaugh remarked that “this case is going to be important for wetlands throughout the country and we have to get it right.” Later, Justice Gorsuch lamented the fact that implementing a test for federal jurisdiction under the Clean Water Act test is so difficult to apply: “If the federal government doesn’t know [if a property is adjacent to navigable water and is regulated,] “does a reasonable landowner have any idea.” The issue is very difficult to resolve, and the Congress has indicated that is has no interest in entering this regulatory thicket.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
Obtaining Temporary Injunction to Enforce Non-Compete Agreement
June 09, 2016 —
David Adelstein – Florida Construction Legal UpdatesWhen a party breaches a
non-compete agreement (with a
non-solicitation clause), the non-breaching party typically moves for a
temporary injunction. The breaching party is the party that signed the
non-compete agreement, such as a former employee or consultant that agreed not to solicit its employer’s customer lists or
referral sources upon leaving. The non-breaching party or the party moving for the
temporary injunction is the party that is looking to protect its trade secret customer lists or referral sources, such as the employer.
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David M. Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com