AGC Seeks To Lead Industry in Push for Infrastructure Bill
May 01, 2019 —
Jennifer Seward - Engineering News-RecordThe ongoing call for better infrastructure funding, along with workforce innovation and an enhanced focus on diversity and inclusivity, is taking center stage at the Associated General Contractors of America. The association’s leaders emphasized that these issues are crucial to the industry’s future as more than 2,800 attendees gathered for AGC’s annual convention in Denver April 1-4.
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Jennifer Seward, ENRENR may be contacted at
ENR.com@bnpmedia.com
Firm Announces Remediation of Defective Drywall
October 16, 2013 —
CDJ STAFFThe residents of Villa Lago at Renaissance Commons will be relieved of their problems with defective Chinese drywall, according to an announcement from their legal counsel, Whitfield Bryson & Mason. Gary E. Mason, a founding member of the firm, announced to homeowners that remediation would begin on November 1. “The project will start with about 30 units on the top floor and will continue floor by floor for the next 12 months.” Residents will be moved out of their units for about three months while all drywall is removed and replaced.
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New York Court Rules on Architect's Duty Under Contract and Tort Principles
November 05, 2014 —
Beverley BevenFlorez-CDJ STAFFAccording to Traub Lieberman Straus & Shrewsberry LLP's blog, in a recent case, "which involved a five story expansion/conversion of an existing one story commercial building located in Brooklyn, New York," the architect was retained with obligations among five construction phases. Later, the condominium board alleged that construction defects existed and filed suit against contractors, engineers, and the architect.
The Court granted the Architect's motion to dismiss the complaint, holding "that the allegations of negligence under the circumstances were based on construction defects and 'as such, sound in breach of contract rather than tort.' This was so, even though plaintiff alleged 'breach of a duty of care,' a traditional tort liability concept. The Court dismissed the breach of contract claim as well, holding that a 'successor in interest' argument should not be permitted to erode the firmly established privity requirement for an architect’s contract-based liability."
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Fourth Circuit Questions EPA 2020 Clean Water Act 401 Certification Rule Tolling Prohibition
August 10, 2021 —
Karen C. Bennett - Lewis BrisboisLast week, in North Carolina Department of Environmental Quality v. Federal Energy Regulatory Commission, the Fourth Circuit Court of Appeals suggested that Congress did not intend for the states, or tribes, to take final action on Clean Water Act (CWA) Section 401 applications within a year of filing. The opinion conflicts with the Environmental Protection Agency's (EPA) 2020 final rule that sought to limit state and tribal certifying authorities’ ability to delay federal projects through various tolling schemes. 85 Fed. Reg. 42210 (Jul. 13, 2020).
EPA’s rule, codified in existing regulations, states that the CWA imposes a strict one-year deadline for certification decisions, otherwise certification is waived. However, the Fourth Circuit’s view suggests that this waiver is not triggered in cases where the certifying authority has acted on the application, even if it takes longer than a year to make a final certification decision. The court ultimately decided the case on other grounds, leaving a resolution on the statutory interpretation question for another day.
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Karen C. Bennett, Lewis BrisboisMs. Bennett may be contacted at
Karen.Bennett@lewisbrisbois.com
City Drops Impact Fees to Encourage Commercial Development
November 08, 2013 —
CDJ STAFFThe Orvido, Florida city council wants to encourage commercial development, and they’re willing to do it by discouraging residential development. The impact fees for commercial buildings have dropped sharply, the Orlando Sentinel notes that for a 50,000 square-foot office building, the city is reducing the impact fee from $2,890 to $1,575, a drop of $1,313, nearly half.
Meanwhile, the impact fee for single-family homes has seen an increase of seven percent, going from $3,195 to $3.433. The city is clear about its reasons. “We’re very heavy on the residential side. We want to have more high-paying jobs come into the city,” said Keith Britton, a member of the council.
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Maine Court Allows $1B Hydropower Transmission Project to Proceed
August 31, 2020 —
Mary B. Powers - Engineering News-RecordMaine’s Supreme Court cleared the way for construction to begin on the nearly $1-billion, 145-mile high voltage transmission line that will feed hydroelectric power from Quebec into the New England power grid.
Mary B. Powers, Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com
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Newmeyer Dillion Named 2023 Best Law Firm in Multiple Practice Areas By U.S. News-Best Lawyers
November 07, 2022 —
Newmeyer DillionNEWPORT BEACH, Calif. – November 3, 2022 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that U.S. News-Best Lawyers® has recognized the firm in its 2023 "Best Law Firms" rankings, in seven practice areas earning the highest ranking possible - Tier 1 in the Orange County Metro area. The practices recognized include:
Commercial Litigation
Construction Law
Insurance Law
Litigation - Construction
Litigation - Insurance
Litigation - Real Estate
Real Estate Law
Additionally, the firm has been recognized as Tier 2 in Employment Law - Management and Tier 3 in Litigation - Labor & Employment.
"Newmeyer Dillion prides itself on genuinely partnering with our clients to offer business-oriented solutions for their legal issues," said Managing Partner Paul Tetzloff. "Receiving this honor shows that our clients appreciate the quality of our work and our team's dedication to their organization's success."
Firms included in the 2023 "Best Law Firms" list have been recognized by their clients and peers for their professional excellence. Firms achieving a Tier 1 ranking have consistently demonstrated a unique combination of quality law practice and breadth of legal expertise.
To be eligible for the "Best Law Firms" ranking, a firm must have at least one attorney recognized in the current edition of The Best Lawyers in America for a specific practice area. Best Lawyers recognizes the top 4 percent of practicing attorneys in the U.S., selected through exhaustive peer-review surveys in which leading lawyers confidentially evaluate their professional peers.
About Newmeyer Dillion
For over 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.
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Philadelphia Proposed Best Value Procurement Bill
December 08, 2016 —
Wally Zimolong – Supplemental ConditionsAn opinion piece in today’s Philadelphia Inquirer concerning proposed legislation that would change the way the City of Philadelphia awards public construction projects is causing quite a stir. The article concerns legislation that would allow the City to award public construction contracts based on a “best value” approach rather than the current requirement that the contract be awarded to the lowest responsible and responsive bidder. The author worries that by removing the current objective criteria and replacing it with subjective ones, contracts can be steered to politically favored contractors. The author cites the recent no-bid contract awarded to a law firm run by the friend of Mayor Jim Kenney as an example of the chaos would ensue if this bill was passed.
Considering that the Bill’s sponsor, Bobby Hennon, is under FBI investigation, and some of the Mayor’s biggest supporters are as well, the author has ever right to be concerned. However, article comes up short in explaining what the Bill says and what best value procurement, if adopted, would mean for public construction work in Philadelphia.
First, the Bill that Councilman Hennon is proposing is actually a Bill that would make the best value procurement question a ballot question next November. In other words, the Bill, if passed, would but to a City wide vote the question of whether the City should change it procurement practices to permit the best value approach to be used in addition to the low bid approach that is current used.
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Wally Zimolong, Zimolong LLCMr. Zimolong may be contacted at
wally@zimolonglaw.com