Boston-area Asbestos-Abatement Firms Face Wage and Safety Complaints
January 26, 2017 —
Justin Rice - Engineering News-RecordSeveral federal and state complaints against asbestos-abatement and demolition firms operating in Massachusetts have sprouted in the wake of the region’s construction boom. Involving mostly small companies and immigrant workers, the cases allege wage and benefit violations as well as improper exposure to asbestos fibers, which contain cancer-causing carcinogens.
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Justin Rice, ENRMr. Rice may be contacted at
ricej@enr.com
Construction Defects and Commercial General Liability in Illinois
October 25, 2013 —
CDJ STAFFNathan B. Hinch writes on his blog about construction defect law in Illinois. Mr. Hinch notes that he has been providing continuing legal education presentations about commercial general liability insurance and coverage of defective construction. In Illinois, for coverage to exist, “there must be ‘an occurrence’ that results in ‘property damage.’”
The Illinois courts have determined that “defective work is not an ‘accident,’ reasoning that the contractor intended to do the work, whether it turned out to be defective or not,” however the court “found that there was an ‘accident’ and therefore an ‘occurrence’ in a case where a contractor allegedly caused property damage by negligently backfilling around a residential basement.” And ‘property damage’ must be “damage to property other than the work.”
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Real Estate & Construction News Round-Up (10/06/21)
October 18, 2021 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogReal estate tokenization and smart home technology continue to grow, negotiations surrounding the bipartisan infrastructure bill stall its passing, artificial intelligence is poised to transform the construction industry, and more.
- Contra Global leverages real estate tokenization, the process of creating tokens on the Blockchain and assigning them to real estate properties that already exist or are under construction, to remove traditionally high barriers to investment entry as well as intermediary fees in the industry. (Navid Ladani, Yahoo Finance)
- Following the 2-week closure of the construction industry after protests turned violent over vaccine mandates, the Victorian government announced its reopening with up to 25 percent capacity of workers and new vaccination rules. (ABC News)
- Though the construction industry has traditionally relied heavily on human experience and expertise to complete projects, the industry is rapidly adopting digital solutions to adapt to chronic labor shortages, the need for sustainable solutions, and supply-chain disruptions. (Tom Taulli, Forbes)
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Pillsbury's Construction & Real Estate Law Team
Floating Cities May Be One Answer to Rising Sea Levels
August 07, 2022 —
Adam Minter - BloombergThanks to climate change, sea levels are lapping up against coastal cities and communities. In an ideal world, efforts would have already been made to slow or stop the impact. The reality is that climate mitigation remains difficult, and the 40% of humanity living within 60 miles of a coast will eventually need to adapt.
One option is to move inland. A less obvious option is to move offshore, onto a floating city.
It sounds like a fantasy, but it could real, later if not sooner. Last year, Busan, South Korea's second-largest city, signed on to host a prototype for the world's first floating city. In April, Oceanix Inc., the company leading the project, unveiled a blueprint.
Representatives of SAMOO Architects & Engineers Co., one of the floating city's designers and a subsidiary of the gigantic Samsung Electronics Co., estimate that construction could start in a "year or two," though they concede the schedule might be aggressive. “It's inevitable,” Itai Madamombe, co-founder of Oceanix, told me over tea in Busan. “We will get to a point one day where a lot of people are living on water.”
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Adam Minter, Bloomberg
Framework, Tallest Mass Timber Project in the U.S., Is On Hold
August 07, 2018 —
Nadine M. Post - Engineering News-RecordThe tallest mass-timber building development in the U.S. is "on hold for the foreseeable future," according to the developer, named project^. The 12-story mixed-use building, known as Framework, has been under development in Portland, Ore., since 2014. Construction was first delayed a year ago and currently is postponed because of changing market conditions, which have had a negative impact on the development's bottom line. These include inflation, escalating construction costs and fluctuations in the tax credit market, says the developer.
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Nadine M. Post, ENRMs. Post may be contacted at
postn@enr.com
Gain in Home Building Points to Sustained U.S. Growth
October 22, 2014 —
Michelle Jamrisko and Danielle Trubow – BloombergBuilders started work on more homes in September and American consumers this month were the most optimistic in seven years, signaling the U.S. economy will ride out a global slowdown.
Housing starts climbed 6.3 percent to a 1.02 million annualized rate from a 957,000 pace in August as multifamily and single-family projects advanced, the Commerce Department reported today in Washington. The Thomson Reuters/University of Michigan preliminary sentiment index for October increased to 86.4, the strongest since July 2007, another report showed.
Gains in residential construction will help underpin the economic expansion as the recent drop in mortgage rates lifts home sales and gives builders reason to take on more projects. Other figures showing factory production rebounded last month and claims for jobless benefits dropped last week to the lowest level in 14 years added to evidence the turbulence in global markets has yet to depress the world’s largest economy.
Ms. Jamrisko may be contacted at mjamrisko@bloomberg.net; Ms. Trubow may be contacted at dtrubow@bloomberg.net
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Michelle Jamrisko and Danielle Trubow, Bloomberg
Coronavirus and Contract Obligations
March 30, 2020 —
David R. Cook - AHC Construction and Procurement BlogThe Coronavirus (COVID-19) pandemic has caused a global disruption to businesses, causing many to temporarily close and lay off employees. As businesses assess the short– and long–term economic impact of COVID-19, they should also evaluate what contractual obligations and remedies are available under various agreements (e.g., leases, vendor agreements, and supply agreements). When performance may be delayed or may not occur altogether, businesses should consider their force majeure clauses, if any, and the doctrines of impossibility, impracticability, and frustration of purpose.
Force Majeure
Generally, unless a contract provides that performance will be suspended or relieved when certain events occur (e.g., “acts of God,” government regulation, acts of war or terror, strikes), each party is obligated to perform. However, when there is an express force majeure provision, certain events or acts may excuse non-performance or delayed performance. But depending on the jurisdiction, courts may construe force majeure provisions narrowly and excuse performance only for those events expressly listed in the clause. Nonetheless, if the force majeure provision includes pandemic, epidemic, quarantine, government act, disease, or similar terms, then the COVID-19 pandemic may excuse performance or allow delayed performance.
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David R. Cook, Autry, Hall & Cook, LLPMr. Cook may be contacted at
cook@ahclaw.com
Caterpillar Said to Be Focus of Senate Overseas Tax Probe
March 26, 2014 —
Richard Rubin and Jesse Drucker - BloombergA U.S. Senate investigative panel is examining Caterpillar Inc. (CAT) and whether the company improperly avoided U.S. taxes by moving profits outside the country, said three people familiar with the inquiry.
The Senate’s Permanent Subcommittee on Investigations will hold a hearing in early April, said two of the people. They spoke on condition of anonymity before an official announcement.
Rachel Potts, a spokeswoman for Caterpillar, declined to comment. Two staff members for the subcommittee declined to comment.
In 2009, Daniel Schlicksup, an employee who had worked on tax strategy, alleged in a lawsuit in federal court that Caterpillar used a “Swiss structure” to shift profits to offshore companies and avoid more than $2 billion in U.S. taxes. He also alleged that Caterpillar used a “Bermuda structure” involving shell companies to return profits to the U.S. without paying required taxes.
Mr. Rubin may be contacted at rrubin12@bloomberg.net; Mr. Drucker may be contacted at jdrucker4@bloomberg.net
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Richard Rubin and Jesse Drucker, Bloomberg