Real Estate & Construction News Roundup (5/1/24) – IMF’s Data on Housing, REITs Versus Private Real Estate, and Suburban Versus Urban Office Property Market
May 28, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, apartment sales fall for seventh straight quarter, raising real estate capital proves challenging, aspiring homeowners face strong obstacles, and more!
- Rent increases have softened across the U.S. over the last year, and the combination of high home prices, elevated mortgage rates and low housing inventory creates strong obstacles for aspiring homeowners. (Alex Gailey, Bankrate)
- The housing market is showing innovative efforts to combat the inventory crisis with initiatives including repurposing commercial properties into residential units. (Angel Smith, Yahoo)
- Apartment sales fell for the seventh straight quarter in Q1, dropping 25% year over year to $20.6 billion. (Leslie Shaver, Multifamily Dive)
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Pillsbury's Construction & Real Estate Law Team
Self-Storage Magnates Cash In on the Surge in Real Estate
August 06, 2014 —
Hui-yong Yu – BloombergKelsey Smith is a single mother who works as a waitress in Midvale, Utah, and lives with a roommate in a small apartment in the Sugar House neighborhood of Salt Lake City. Smith, 26, pays $500 a month for daycare for her 3-year-old, which makes it hard to get by on a waitress’s pay. She says she’s had to move to cheaper lodgings six or seven times.
Rather than drag all her belongings with her, Smith rents a 10-foot-by-15-foot (3-meter-by-5-meter) self-storage unit, for which she pays $80 a month -- as much as two shifts’ worth of wages and tips. The unit contains furniture and other items she’s accumulated over the years -- “just the things you’d need if you had a home,” she says. “People don’t want to let go.”
Millions of Americans are like Kelsey Smith, Bloomberg Markets magazine will report in its September issue. They’ve got furniture and old photos, children’s toys and bric-a-brac that they’re loath to give up, yet they can’t find a place for it in their homes, garages or apartments.
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Hui-yong Yu, BloombergHui-yong Yu may be contacted at
hyu@bloomberg.net
Automating Your Home? There’s an App for That
April 03, 2013 —
CDJ STAFFWriting in the New York Times, Nick Wingfield looks at both the promise and failures of home automation, starting with a timer which had “buttons the size of a small seed” and was too difficult to reset. Wingfield said the timer “made my house dumber.”
He moves on to the useful items, such as the Nest thermostat, which improves on his previous programmable thermostat by being able to determine when people are actually home (so an empty house isn’t being heated) and it can be controlled from a smartphone app, useful for the taxi on the way home from the airport. The Belkin WeMo Switch allows users to control lamps from an iOS app and the timer functions can be accessed without having to use seed-sized buttons.
For those with bigger home automation budgets, there are now companies setting up whole house systems, including thermostat, light controls, motion detectors, surveillance cameras, and even monitors for your hot water heater and the level of carbon monoxide in your home. These systems start at around $1,500 but quickly go past $5,000. Other packages are sold on a month-by-month basis. And they include apps.
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Traub Lieberman Attorneys Recognized as 2023 Illinois Super Lawyers® and Rising Stars
February 01, 2023 —
Traub LiebermanTraub Lieberman is pleased to announce that two Partners from the Chicago, IL office have been selected to the 2023 Illinois Super Lawyers list. In addition, two Partners have been named to the 2023 Super Lawyers Rising Stars list.
2023 Illinois Super Lawyers
- Brian Bassett – Insurance Coverage
- Dana Rice – Insurance Coverage
2023 Super Lawyers Rising Stars
- Jessica Kull – Civil Litigation: Defense
- Jeremy Macklin – Insurance Coverage
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Traub Lieberman
Court Extends Insurer Rights to Equitable Contribution
October 28, 2015 —
Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLPIn Underwriters of Interest v. ProBuilders Specialty Ins. Co. (No. D066615; filed 10/23/15), a California appeals court refused to enforce an “escape” other insurance clause in an insurer versus insurer contribution action, refused to enforce a Contractors Special Conditions endorsement and found that equitable tolling applied to rule that a nondefending insurer was obligated to reimburse defense costs incurred defending the two insurers’ common insured.
Certain Underwriters provided CGL insurance to Pacific Trades Construction & Development in effect between October 23, 2001 and October 23, 2003. ProBuilders Specialty insured Pacific Trades from December 9, 2002 to December 9, 2004. When Pacific Trades was sued in construction defect actions arising out of the development and construction of single family homes, Underwriters provided a defense, while ProBuilders declined to participate. The case was ultimately settled and when Underwriters sued ProBuilders for contribution to the defense costs, the trial court granted summary judgment for ProBuilders, finding its other insurance clause precluded any obligation to contribute or reimburse Underwriters.
Reprinted courtesy of
Christopher Kendrick, Haight Brown & Bonesteel LLP and
Valerie A. Moore, Haight Brown & Bonesteel LLP
Mr. Kendrick may be contacted at ckendrick@hbblaw.com
Ms. Moore may be contacted at vmoore@hbblaw.com
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New Evidence Code Requires Attorney to Obtain Written Acknowledgement that the Confidential Nature of Mediation has been Disclosed to the Client
January 02, 2019 —
Steven J. Pearse, Esq. & David A. Napper, Esq. – Chapman Glucksman Dean Roeb & BargerSenate Bill 954: MEDIATION CONFIDENTIALITY DISCLOSURES.
California regards mediation as a beneficial process for parties to resolve disputes in an expeditious and economical fashion. To assure open and candid participation, there is a longstanding policy in California to maintain confidentiality during the mediation process. However, the mediation confidentiality statutes have prevented some clients from suing their·attorneys for alleged malpractice that occurred during the mediation process. (see Cassel v. Superior Court, (2011) 51 Cal.4th 113). Senate Bill ("SB") 954, was recently passed and thereafter approved by the Governor on September 11, 2018 to address this concern.
SB 954, which will amend California Evidence Code section 1122 and add California Evidence Code section 1129, requires that an attorney representing a client participating in a mediation or a mediation consultation provide that client with a written disclosure and acknowledgement containing the mediation confidentiality restrictions as set forth in the California Evidence Code.
This written disclosure and acknowledgement requirement does not apply to class or representative actions. Additionally, the failure of an attorney to follow the new requirement will not be a basis to set aside an agreement prepared in the course of, or pursuant to, a mediation. Any communication, document, or writing related to an attorney's compliance with the disclosure requirement will not be considered confidential and may be used in a disciplinary proceeding if the communication, document, or writing does not disclose anything said or done or any admission made in the course of the mediation.
California Evidence Code section 1129 sets forth the exact language that must be used in the disclosure. It even informs the client that all communications between the client and the attorney made in preparation for a mediation, or during a mediation, are confidential and cannot be disclosed or used (except in extremely limited circumstances), even if the client later decides to sue the attorney for malpractice because of something that happens during the mediation.
The new disclosure requirement will allow mediation to maintain the confidentiality that encourages open and candid communications during the process while ensuring that before clients agree to mediation that the clients are made aware of how that confidentiality can potentially impact them. SB 954, will take effect on January 1,2019.
Reprinted courtesy of
Stephen J. Pearce, Chapman Glucksman Dean Roeb & Barger and
David A. Napper, Chapman Glucksman Dean Roeb & Barger
Mr. Pearce may be contacted at dnapper@cgdrblaw.com
Mr. Napper may be contacted at jpaster@HuntonAK.com
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Like Water For Chocolate: Insurer Prevails Over Chocolatier In Hurricane Sandy Claim
November 08, 2017 —
Afua S. Akoto - Saxe Doernberger & Vita, P.C.Recently, a New Jersey Magistrate ruled that an insurer did not have to provide coverage for a chocolatier’s property damage and business interruption losses due to Hurricane Sandy.
Madeline Chocolate Novelties Inc. (Madeline), a family-owned chocolatier in Queens Rockaway Beach, held a one-year all-risk policy with Great Northern Insurance (Great Northern). The policy contained a flood exclusion and a windstorm endorsement. When Hurricane Sandy hit in October 2012, Madeline suffered extensive damage and ceased operations during the ensuing holiday season. The chocolatier claimed $40 million in property damage and $13.5 million in business interruption losses and sought coverage under its policy. Great Northern paid just under $4 million and denied the remainder of the claim, citing the policy’s flood exclusion.
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Afua S. Akoto, Saxe Doernberger & Vita, P.C.Ms. Akoto may be contacted at
asa@sdvlaw.com
Bridges Need More Attention
July 31, 2023 —
Christoph Klauser - Construction ExecutiveSince it became possible to calculate the specific design-build needs of bridges with increasing accuracy in the 19th century, and new materials—beginning with cast iron and steel, followed by reinforced and prestressed concretes—also became available to build them, the number of bridges constructed all over the world has increased. It is evident today that many of these bridges have aged considerably, conditions which often lead to collapse despite regular inspections and repairs. The Fern Hollow Bridge in Pittsburgh, an approximately 440-foot-long, three-span steel bridge over a forest ravine, collapsed in January 2022. Fortunately, no fatalities occurred, although several vehicles, including a bus, were involved in the collapse.
How can accidents of this nature be avoided, and which technologies are available to protect bridges more effectively? Bridges all over the world can be efficiently monitored with weigh in motion (WIM) and structural health monitoring (SHM), extending their service life and, in a worst-case scenario, preventing their collapse.
Reprinted courtesy of
Christoph Klauser, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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