Seattle Washington Building Expert Directory

South African Building Industry in Line for More State Support

November 08, 2021 — Prinesha Naidoo - Bloomberg
South Africa’s government is planning more measures to bolster its ailing building industry after banning the use of imported cement on state construction projects. “Government is undertaking research across a range of construction-related products where there appears to be significant potential for localization,” Stephen Hanival, chief economist at the Department of Trade, Industry and Competition, said in an emailed response to questions. “Further announcements will be made in due course.” The country’s preferential procurement policy framework enables the department to designate sectors for localization in line with national development and industrial policy goals. While the government has pursued localization since 2014, it has become more strategic since the advent of the pandemic with business, government and labor groups agreeing on an initial list of 42 products and sub-sectors that should be prioritized, Hanival said. Read the court decision
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Reprinted courtesy of Prinesha Naidoo, Bloomberg

Amos Rex – A Museum for the Digital Age

September 10, 2018 — Aarni Heiskanen - AEC Business
In the very heart of Helsinki, a new museum is set to open its doors to showcase the art of the future. Amos Rex is an architectural and artistic gem that seeks to make modern art more accessible for people to experience and enjoy. The construction work for the museum was almost completed when I visited the site in early August. I met with Kai Kartio, an art historian with years of experience as a museum director. Kartio has been involved in the construction of Amos Rex from the beginning. The forerunner of Amos Rex was the Amos Anderson Art Museum, which was run by the Konstsamfundet foundation for 50 years in its founder’s own building nearby. Anderson was a Finnish newspaper tycoon and patron of arts who bequeathed his estate to the foundation. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Real Estate & Construction News Round-Up (02/08/23) – The Build America, Buy America Act, ESG Feasibility, and University Partnerships

February 27, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
This week’s round-up explores President Joe Biden’s recent State of the Union address and plans for the Build America, Buy America Act, the feasibility of real estate companies achieving their ESG goals, and how developers, lenders, and tenants are partnering with universities to solve real estate challenges.

During his annual State of the Union address, President Joe Biden detailed his Build America, Buy America plans and standard to require all construction materials on federal infrastructure projects to be made in the United States. (Jennifer Goodman & Zachary Phillips, Construction Dive)
Speculation surrounding the economic environment and real estate stability is testing the feasibility and resilience of the environmental, social and corporate governance (ESG) framework used by corporations to measure their societal impact. (Anna Staropoli, Commercial Observer)
Adopting Web3 and decentralization in the real estate industry is projected to bring about significant changes and improvements. (David Bitton, Forbes)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Properly Trigger the Performance Bond

January 05, 2017 — David Adelstein – Florida Construction Legal Updates
A performance bond is a valuable tool designed to guarantee the performance of the principal of the contract made part of the bond. But, it is only a valuable tool if the obligee (entity the bond is designed to benefit) understands that it needs to properly trigger the performance bond if it is looking to the bond (surety) to remedy and pay for a contractual default. If the performance bond is not properly triggered and a suit is brought upon the bond then the obligee could be the one materially breaching the terms of the bond. This means the obligee has no recourse under the performance bond. This is a huge downside when the obligee wanted the security of the performance bond, and reimbursed the bond principal for the premium of the bond, in order to address and remediate a default under the underlying contract. A recent example of this downside can be found in the Southern District of Florida’s decision in Arch Ins. Co. v. John Moriarty & Associates of Florida, Inc., 2016 WL 7324144 (S.D.Fla. 2016). Here, a general contractor sued a subcontractor’s performance bond surety for an approximate $1M cost overrun associated with the performance of the subcontractor’s subcontract (the contract made part of the subcontractor’s performance bond). The surety moved for summary judgment arguing that the general contractor failed to property trigger the performance bond and, therefore, materially breached the bond. The trial court granted the summary judgment in favor of the performance bond surety. Why? Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dma@katzbarron.com

Commercial Real Estate in 2023: A Snapshot

January 17, 2023 — Adam J. Weaver - Gravel2Gavel Construction & Real Estate Law Blog
As we close out the last remaining weeks of 2022, all eyes look ahead to 2023. Below is a quick snapshot highlighting three trends and predictions that may continue to shape the commercial real estate landscape in 2023.

Office space and the digital economy present attractive investment opportunities and potential. Even with all of the chatter about office vacancies during the last three years, according to Moody’s Analytics, “it’s important to note that none of the regions across the U.S. have seen office vacancy rates dip below their pre-pandemic Q4 2019 levels.” This might be due to creative and reimagined office spaces as the return to office continues. The hybrid work format and flexibility in spaces will continue in 2023.
Data analytics and Proptech will continue to play a larger role, allowing property owners and tenants to collaborate to provide more efficiency, whether to achieve sustainability goals or leverage technology like immersive experiences to entice tenants to new spaces. An increase in demand for technology to solve issues will most likely continue in commercial real estate.

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Reprinted courtesy of Adam J. Weaver, Pillsbury
Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com

DOJ to Prosecute Philadelphia Roofing Company for Worker’s Death

June 17, 2015 — Beverley BevenFlorez-CDJ STAFF
While Construction Dive reported that it’s rare for the Department of Justice (DOJ) to prosecute employers for on-the-job deaths, the DOJ “plans to prosecute the owner of a Philadelphia roofing company for alleged crimes that the government claims led to the death of a construction worker.” According to Construction Dive, James J. McCullaugh, owner of James J. McCullagh Roofing Inc. has been accused of lying to US. Occupational Safety and Health Administration investigators “in an attempt to cover up his company’s failure to provide required fall protection for a man – Mark T. Smith – who died after falling 45 feet from a church roof in 2013. Two other workers said no fall protection was provided.” Read the court decision
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Utilities’ Extreme Plan to Stop Wildfires: Shut Off the Power

October 28, 2024 — Mark Chediak - Bloomberg
A growing number of utilities are resorting to an extreme measure to prevent their equipment from sparking catastrophic wildfires: turning off the power. Electric companies serving about 24 million homes and businesses across the fire-prone US West now have plans to preemptively cut electricity during dangerous fire conditions, according to an analysis of data compiled by researchers at Stanford University. The proactive blackouts, however, run counter to the power companies’ main mission — which is to keep the lights on. And that’s angering customers and officials. Lawsuits — and the billions of dollars of damage claims that come with them — are an increasing concern among utilities, said Michael Wara, who leads the Climate and Energy Policy Program at Stanford University. Read the court decision
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Reprinted courtesy of Mark Chediak, Bloomberg

#8 CDJ Topic: The Las Vegas HOA Fraud Case Concludes but Controversy Continues

December 30, 2015 — Beverley BevenFlorez-CDJ STAFF
In the long-running case involving the scheme to take over and defraud homeowner associations in Las Vegas, Nevada, the Las Vegas Review-Journal reported that a “total of 43 defendants either pleaded guilty or were convicted at trial in what prosecutors say is the largest public corruption case ever in Nevada.” Despite the conclusion of the trial and the convictions, “U.S. Magistrate Judge George Foley Jr. denied a June request by the Las Vegas Review-Journal to dissolve two protective orders keeping secret 6 million pages of documents, including 10,000 pages of FBI and other law enforcement reports.” Read the full story... Reported in an editorial, the Las Vegas Review-Journal attorney Maggie McLetchie stated after Judge Foley’s ruling: “It’s our view the public and the newspaper should be able to evaluate a law enforcement investigation including assessing why the government may have gone more lightly on some people. Given the issues…within the U.S. attorney’s office, it’s in the public’s interest to probe what occurred.” Read the full story... Read the court decision
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