Fairfield Connecticut Building Expert Directory

Zero-Energy Commercial Buildings Increase as Contractors Focus on Sustainability

February 10, 2020 — Jeffrey S. Wertman - Construction Executive
Imagine a functional, low energy commercial building that annually consumes only as much power as the building creates with on-site, clean, renewable resources. From coast to coast, there is considerable momentum for zero-energy (ZE) buildings, also known as ZEB’s or net-zero energy buildings (NZEBs). Although still an emerging market, the growth trend for ZEBs is steep. The world’s net-zero energy market for commercial and residential projects is expected to exceed $1.4 trillion by 2035. The number of ZEBs across North America has dramatically increased since 2010 which encompasses about 80 million square feet of commercial building space. ZE has captured the attention of building owners, developers, architects, engineers, contractors, designers, policymakers and others who see its potential to efficiently use clean energy resources to reduce the substantial carbon footprint of buildings. Real Applications of Net Zero From 2012 to 2019, the number of ZE projects has increased ten-fold. According to the “2019 Getting to Zero Project List” released in May 2019 by the New Buildings Institute, a nonprofit organization striving to achieve better energy performance in commercial buildings, the total number of certified, verified and emerging ZE projects grew to 607 in 2019. New projects continue to appear regularly. Today, hundreds of ZE buildings, including commercial buildings of all types (including retail, office, warehouse, hotel, educational and government) are being developed. Reprinted courtesy of Jeffrey S. Wertman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

May 17, 2021 — Garret Murai - California Construction Law Blog
Readers of this blog are familiar with the concept of the design immunity defense. Codified at Government Code section 830.6, it provides in pertinent that a public entity is not liable for an injury caused by a plan or design of a public improvement where the plan or design has been “approved in advance . . . by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved” if the trial or appellate court finds that there “is any substantial evidence upon the basis of which (a) a reasonable public employee could have adopted the plan or design or the standards therefor or (b) a reasonable legislative body or other body or employee could have approved the plan or design or the standards therefor.” In the next case, Tansavatdi v. City of Rancho Palos Verdes, Case No. B293670 (January 29, 2021), the 2nd District Court of Appeal examined whether the design immunity defense also serves as a defense to a claim that a public entity has a duty to warn of a dangerous condition on public property. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

What Should Be in Every Construction Agreement

November 04, 2019 — Patrick Barthet - Construction Executive
A detailed and coherent construction agreement in place on every job minimizes confusion, makes clear everyone’s respective responsibilities and reduces disputes. There are six things that should be addressed in every construction agreement. DEFINE THE SCOPE Define what the scope of work is that will be provided. Will it be only materials; will it be materials and labor; or will it be just labor? Be very clear and specific in how the scope of work is spelled out. Many contracts state that the contractor is responsible for all work that’s shown on the plans and specifications, as well as that which is reasonably inferable. While subjective—even if not actually on the plans or specifications, someone may believe that something should be part of the contractor’s work. This could expand what has to be done beyond what was understood or priced. LIST ALL THE EXCLUSIONS Do the parties each have the same understanding as to what is covered in the contract? How often are contractors faced with customers thinking something was included as part of the work? The contractor may have believed that task, or that material, or that specially fabricated item was excluded. But was it? Did the contractor articulate what was and was not in the scope and price? Specifically listing what is excluded can obviate this problem. Articulate what is not in the price or scope and reduce the chance of one party believing that something is to be done when it isn't. Reprinted courtesy of Patrick Barthet, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Barthet may be contacted at pbarthet@barthet.com

How U.S. Design and Architecture Firms Can Profit from the Chinese Market and Avoid Pitfalls

December 23, 2024 — Chengdong ("C.D.") Xing - The Dispute Resolver
Despite recent challenges, including obvious political tensions, economic cooling in the PRC, and increased local competition, the Chinese market remains an attractive destination for U.S. design and architecture firms. For instance, PEI Architects has maintained its success in China through long-standing relationships with key clients and is currently involved in two major projects for the Bank of China: a 1.9 million-square-foot complex in Shanghai and a financial center in Haikou.[i] Similarly, NBBJ is playing a critical role in the development of Tencent’s Net City in Shenzhen, a 2-million-square-meter smart city project that aligns with China's goals of sustainable and tech-driven urbanization.[ii] These examples show that while the Chinese market presents challenges, it continues to offer significant opportunities, particularly in sectors where innovative and cutting-edge architectural solutions are in high demand. At the same time, U.S. firms should exercise care: proper advance planning and strategic alliances are crucial for profitable forays into the Chinese market. JR Design Project: A Cautionary Tale When operating in China, U.S. design firms often encounter regulatory challenges, particularly with respect to China’s strict qualification requirements for architectural design services. Failure to meet these requirements can result in serious legal issues, including the potential invalidation of design contracts, as demonstrated in a leading case decided by the Supreme People’s Court of PRC (the nation’s highest court). Read the court decision
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Reprinted courtesy of Chengdong ("C.D.") Xing, Rajah & Tann Singapore LLP
Mr. Xing may be contacted at chengdong.xing@rajahtann.com

The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

June 01, 2020 — Kenneth E. Rubinstein & Nathan Fennessy - Construction Executive
Having an end date for risk is important to construction professionals who need to know when they can close their books and destroy files relating to old projects. While professionals typically look to the statute of limitations and repose, these deadlines can sometimes be harder to determine than one might think. State Laws Prohibiting Alteration of Statutes of Limitation Many contractors seek to control the extent of their risk by negotiating the length of their liability period. In some instances, contractors may seek to shorten the statute of limitations to protect against stale claims. While in other instances, owners periodically negotiate for longer periods to ensure that they will not be time barred from pursuing valid claims. While the majority of states enforce such contractual provision, a number of states hold such clauses unenforceable. In these instances, the state’s original statute of limitations will apply regardless of what the contract says. Reprinted courtesy of Kenneth E. Rubinstein & Nathan Fennessy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Rubenstein may be contacted at krubinstein@preti.com Mr. Fennessy may be contacted at nfennessy@Preti.com Read the court decision
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Texas Couple Claim Many Construction Defects in Home

October 08, 2013 — CDJ STAFF
A Galveston, Texas couple has claimed that their new home has “many” defects and are suing the seller. John Klein and Cheri Harmon-Klein state that they were told that the house was built in conformance with the International Residential Code and that the all hurricane damage had been repaired. Instead, they characterized the house as “unfit for human habitation.” The couple claims that the defects were not evident at inspection prior to their purchase. Read the court decision
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Hunton Insurance Head Interviewed Concerning the Benefits and Hidden Dangers of Cyber Insurance

December 04, 2018 — Michael S. Levine - Hunton Insurance Recovery Blog
The head of Hunton Andrews Kurth’s insurance practice, Walter Andrews, was interviewed earlier this week by ABC 7 (WJLA) concerning the need for cyber insurance and the benefits that it can provide to government contractors and other businesses that are impacted by a cyber event. Andrews explains the diverse spectrum of benefits that are available through cyber insurance products, but cautions that a serious lack of uniformity exists among today’s cyber insurance products, making it crucial that policyholders carefully analyze their cyber insurance to ensure it provides the scope and amount of insurance they desire. Read the court decision
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Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth
Mr. Levine may be contacted at mlevine@HuntonAK.com

Brookfield Wins Disputed Bid to Manage Manhattan Marina

January 28, 2015 — Martin Z Braun – Bloomberg
(Bloomberg) -- Brookfield Property Partners won a bid to run a marina in New York’s Battery Park City neighborhood over the objections of residents backing a local businessman who operated the facility and a popular sailing club and school. The state’s Battery Park City Authority voted Thursday to approve a 10-year agreement with Brookfield, which owns an adjacent 8 million-square-foot office and retail complex. Brookfield is bringing in billionaire real estate investor Andrew Farkas’s Island Global Yachting to manage the North Cove Marina. Read the court decision
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Reprinted courtesy of Martin Z Braun, Bloomberg
Mr. Braun may be contacted at mbraun6@bloomberg.net

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