Nuclear Fusion Pushes to Reach Commercial Power Plant Stage
August 05, 2024 —
Mary B. Powers, Debra K. Rubin, Peter Reina & David Godkin - Engineering News-RecordThe quest to develop nuclear fusion—the process that energizes the sun and other stars—as an earth-based power source dates back more than a century when Albert Einstein and other scientists theorized how enormous amounts of energy could be produced when atoms fuse. That research was partly diverted for wartime weapons priorities but later targeted to develop fusion for commercial-scale energy—what sector proponents have called the “holy grail” for decades since.
Reprinted courtesy of
Mary B. Powers, Engineering News-Record,
Debra K. Rubin, Engineering News-Record,
Peter Reina, Engineering News-Record and
David Godkin, Engineering News-Record
Ms. Rubin may be contacted at rubind@enr.com
Mr. Reina may be contacted at reina@btinternet.com
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Good News on Prices for Some Construction Materials
June 28, 2021 —
ABC - Construction ExecutiveThe elevated price of softwood lumber, a major talking point during much of the pandemic, appears to have peaked in early May at more than $1,700 per thousand board feet. As of June 23, the price has fallen below $900 per board feet, down about 49% in less than two months.
That’s still an unusually lofty price by historic standards—prices remain almost twice as high as in February 2020—but the trend is very much in the right direction. Builders that had been hoarding lumber have now begun to sell from their own inventory, other builders have delayed lumber purchases in anticipation of lower prices and sawmill operators have been adding shifts, as well as expanding capacity, all of which puts downward pressure on prices.
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ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Negligence of Property Appraiser
September 28, 2017 —
David Adelstein - Florida Construction Legal UpdatesA new appellate decision came out discussing the statute of limitations associated with a negligence claim against a property appraiser. In this case, Llano Financing Group, LLC v. Petit, 42 Fla. L. Weekly D2071a (Fla. 1st DCA 2017), the court held that the four year statute of limitations for negligence claims commences when the lender relied on the appraisal to fund the loan. The statute of limitations does not commence years later when the property is ultimately sold at a loss. Oh no. Once the lender receives the appraisal and funds the loan, the statute of limitations for the negligence claim begins. Applying this rationale in other contexts, the statute of limitations to sue a property appraiser in negligence would commence once an appraisal is received and relied on.
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David Adelstein, Florida Construction Legal UpdatesMr. Adelstein may be contacted at
dadelstein@gmail.com
Superior Court Of Pennsylvania Holds That CASPA Does Not Allow For Individual Claims Against A Property Owner’s Principals Or Shareholders
January 07, 2015 —
William J. Taylor and Michael Jervis – White and Williams LLPIn Scungio Borst Assocs. v. 410 Shurs Lane Developers, LLC, the Superior Court of Pennsylvania held that an individual principal/shareholder of a property owner could not be held personally liable as an “agent of the owner” for unpaid invoices, penalties, and attorneys fees under the Pennsylvania Contractor and Subcontractor Payment Act (CASPA), 73 P.S. §§ 501-516, even though the property owner itself had failed to make payments allegedly due under a construction contract.
CASPA is a Pennsylvania statute which is designed to protect contractors and subcontractors from nonpayment and which, to that end, establishes rules and deadlines for payment under construction contracts between property owners, contractors, and subcontractors. An owner or contractor who does not adhere to the Act’s payment requirements is subject to the imposition of interest, penalties, and attorneys’ fees. In this recent case, the property owner, a limited liability company, had retained the plaintiff contractor to perform construction services on a condominium project. Upon completion of the work, the contractor was not paid approximately $1.5 million that it was owed under the contract. The contractor filed suit under CASPA to obtain the payment it was owed plus interest, penalties and fees, and named both the property owner and its individual principal as defendants. The trial court granted summary judgment to the individual principal on all claims asserted against him, and the contractor appealed, arguing that CASPA allows for claims against both a property owner and its principal when the principal is an “agent of the owner acting with the owner’s authority.”
Reprinted courtesy of
Michael Jervis, White and Williams LLP and
William J. Taylor, White and Williams LLP
Mr. Jervis may be contacted at jervism@whiteandwilliams.com; Mr. Taylor may be contacted at taylorw@whiteandwilliams.com
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Congratulations Devin Brunson on His Promotion to Partner!
April 26, 2021 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is very proud to announce Devin Brunson has been promoted to the position of partner with the firm!
Mr. Brunson came to BWB&O from another civil litigation firm and helped start the Denver, Colorado office along with partners Lucian Greco, John Toohey and Peter Brown. He has taken on a significant leadership role within the firm over the past several years and has been integral in growing the office to its current footprint.
He is licensed to practice law in Colorado, District of Colorado, and in the U.S. District Court. His practice is focused in the areas of civil and business litigation, construction litigation, and employment law. Mr. Brunson has a diverse practice background that includes complex civil litigation and intellectual property disputes and has had the privilege of representing business owners, contractors, corporate executives, and professional athletes during the course of his career.
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Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
Construction Defect Journal Seeks Article Submissions Regarding SB800 and Other Builders Right to Repair Laws
October 28, 2011 —
CDJ STAFFAs we approach the tenth anniversary of the passage and signing of SB800, California’s right-to-repair law, we’d like to hear your reactions to the law, your experiences with it, and your thoughts on it and right-to-repair laws in other states.
We invite you to submit articles either reacting to SB800 or on other matters relevant to construction defect and claims issues. You can promote your firm’s capabilities and get valuable exposure through the publication of your articles. Construction Defect Journal is widely read by our highly targeted audience of decision makers, construction attorneys, builders, owners, and claims professionals.
Articles may contain relevant images, your firm’s name, and links to your corporate website or third parties and can be submitted through e-mail to submitstory@constructiondefectjournal.com. Please remember to include your contact information if you would like it to be published with your content. If you are submitting photos or PDF documents with your article, please send them as e-mail attachments. Items submitted are assumed to be cleared for publishing upon receipt by CDJ.
Normally articles are published in full, although we reserve the right to edit content for space purposes. All articles submitted are considered for publication. For additional questions please contact editor@constructiondefectjournal.com.
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Fee Simple!
November 11, 2024 —
Daniel Lund III - LexologyFollowing the grant of summary judgment by a Nebraska federal court on a construction claim, the prevailing subcontractor sought recovery of attorney’s fees, but received pushback from its opponent based upon the Federal Rules of Civil Procedure.
The general contractor urged “that attorney’s fees are ‘special damages’ that must be specifically pleaded within a complaint under Federal Rule of Civil Procedure 9(g).” The GC said that a prayer for “a judgment for… costs, interest, and attorney’s fees be entered” – without further asserting a statutory or factual basis for the recovery – is insufficient. The subcontractor shot back that “it complied with the requirements of Rule 9(g) because its prayer for relief expressly referenced attorney’s fees, and the request for such fees was based on the facts asserted in the pleadings themselves.”
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Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
Hunton Andrews Kurth Insurance Attorney, Latosha M. Ellis, Honored by Business Insurance Magazine
May 03, 2021 —
Andrea DeField & Michael S. Levine - Hunton Andrews KurthWe are proud to share that Business Insurance has named Hunton Andrews Kurth insurance coverage associate, Latosha M. Ellis, one of the magazine’s 2021 Break Out Award winners. Business Insurance’s Break Out Awards honor 40 top professionals from around the country each year who are expected to be the next leaders in risk management and the property/casualty insurance field. Business Insurance reviewed hundreds of nominees, all of whom have worked in commercial insurance or related sectors for under 15 years. Out of those hundreds, Latosha was selected as one of the 40 honorees for 2021.
Latosha is well-deserving of this honor. She is committed to excellence in the practice of law and in her service to clients, both of which have earned her a sterling reputation in the Virginia and District of Columbia legal communities. In addition to her litigation success and excellent client service skills, Latosha is a leader, both in the firm and in the legal community. Latosha not only serves as a mentor to several young attorneys at our firm, but she is also a board member of the University of Richmond Law School Alumni Board (currently serving on a three-year term) and a planning member of the American Bar Association’s (ABA) professional development committee. She also co-chaired the 2021 ABA Insurance Coverage and Litigation Committee Annual CLE Conference, for which she implemented new diversity and inclusion standards and ensured several program sessions geared towards young lawyers. In addition, Latosha was selected as the firm’s 2019 Pathfinder for the Leadership Council for Legal Diversity, serves on the executive board of the Women’s Bar Association of the District of Columbia, and was inducted into the American Bar Association’s Section of Litigation Young Lawyer Leadership Program.
Reprinted courtesy of
Andrea DeField, Hunton Andrews Kurth and
Michael S. Levine, Hunton Andrews Kurth
Ms. DeField may be contacted at adefield@HuntonAK.com
Mr. Levine may be contacted at mlevine@HuntonAK.com
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