Real Estate & Construction News Roundup (7/31/24) – International Homebuying Shrinks Commercial Real Estate Focus on Sustainability, and U.S. Banks Boost Provisions for Credit Losses
September 09, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, mortgage rates drop to lowest levels since March, hotel construction activity highest since February 2023, Biden administration calls for legislation regarding property owners, and more!
- International buyers bought 54,300 existing homes from April 2023 to March 2024 – a 36% drop from the year before. (Diana Olick, CNBC)
- The Biden administration called on Congress to pass legislation penalizing property owners for rent increases above a certain level as part of its plan to lower housing costs through a series of administrative actions. (Mary Salmonsen, Multifamily Dive)
- U.S. banks have boosted their provisions for credit losses as deteriorating commercial real estate (CRE) loans and high interest rates fuel fears of defaults. (Manya Saini, Niket Nishant and Matt Tracy, Reuters)
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Pillsbury's Construction & Real Estate Law Team
Wilke Fleury and Attorneys Recognized as ‘Best Law Firm’ and ‘Best Lawyers’ by U.S. News!
November 08, 2017 —
Wilke FleuryWilke Fleury is pleased to announce its inclusion in the 2018 editions of ‘Best Law Firms’ in America and ‘Best Lawyers’ in America. The two award categories reflect excellence in legal service – firms included in the 2018 “Best Law Firms” list are recognized for professional excellence by clients and peers and Best Lawyers® has become universally regarded as the definitive guide to legal excellence.
Wilke Fleury Recognized in U.S. News 2018 Edition ‘Best Law Firms’ in America
Wilke Fleury is honored to be recognized among the nation’s Best Law Firms by U.S. News – Best Lawyers.
“Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.”
Wilke Fleury Attorneys Elected to U.S. News 2018 Edition ‘Best Lawyers’ in America
Congratulations to
David A. Frenznick and
Ernest James Krtil on their election to the 2018 Edition ‘Best Lawyers in America.’
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Wilke Fleury
Giant Floating Solar Flowers Offer Hope for Coal-Addicted Korea
March 21, 2022 —
Heesu Lee - BloombergMore than 92,000 solar panels in the shape of plum blossoms, floating on the surface of a reservoir in South Korea, offer a vision of how land-scarce developed nations can overcome local resistance to giant renewable-energy projects.
The 17 giant flowers on the 12-mile-long reservoir in the southern county of Hapcheon are able to generate 41 megawatts, enough to power 20,000 homes, according to Hanwha Solutions Corp., which built the plant.
It’s one of the biggest floating solar plants in the world, and it’s in a nation that has been a laggard in adopting renewable energy, even though South Korea’s industrialized economy relies heavily on imported fossil fuels.
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Heesu Lee, Bloomberg
U.K. to Set Out Plan for Fire-Risk Apartment Cladding Crisis
March 01, 2021 —
Emily Ashton & Olivia Konotey-Ahulu - BloombergThe U.K. government will set out its plans for stripping cladding from potentially unsafe apartment blocks, more than three years after a fire at London’s Grenfell Tower killed 72 people.
Reports suggest Housing Secretary Robert Jenrick will set out a package of measures amounting to billions of pounds when he makes a statement to the House of Commons on Wednesday.
Ministers announced a 1.6 billion pound ($2.2 billion) “safety fund” to remove dangerous cladding last year but Jenrick is expected to announce additional support on top of this. The price for the repairs could be as high as 15 billion pounds, according to a parliamentary committee last June.
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Emily Ashton, Bloomberg and
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ASCE Statement on Congress Passage of National Debt Limit Suspension
June 12, 2023 —
The American Society of Civil EngineersThe following is a statement by Tom Smith, Executive Director, American Society of Civil Engineers (ASCE):
WASHINGTON, D.C. – The
American Society of Civil Engineers (ASCE) applauds Congress for passing a measure to avoid a U.S. debt default while safeguarding the critical funding allotments for our nation's infrastructure from the Infrastructure Investment and Jobs Act (IIJA). The bipartisan Fiscal Responsibility Act of 2023 (
H.R. 3746) will not only protect funding from the IIJA, but it also takes steps to advance permitting reform, a major priority for ASCE and the civil engineering community.
Streamlining permitting is crucial to ensuring we make the most of available funding mechanisms. ASCE is pleased to see that many elements of the
BUILDER Act made it into the debt ceiling suspension, including setting deadlines for environmental reviews and providing clarity around permitting requirements. Although further actions are needed to streamline these processes, the Fiscal Responsibility Act is a crucial first step towards implementing much-needed permitting reform to keep valuable projects moving and bring benefits to communities across the country.
ASCE once again applauds Congress and the Administration for taking these necessary steps to protect the U.S. economy and infrastructure systems.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.
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Attorney Writing Series on Misconceptions over Construction Defects
June 28, 2013 —
CDJ STAFFMark Wiechnik, a litigation partner at Herrick, Feinstein LLP, has started a seven-part series in which he looks at the misconceptions homeowner board members have when they’re facing construction defect lawsuits. He opens by setting the scene of unit owners “complaining of leaks, roof problems, mold and myriad of other issues”, but conflicting views on what to do about them. In his series, he looks at some of the most common mistaken assumptions and discusses how board members should respond.
Wiechnik’s first misconception examined is the claim that “we should file a homeowners warranty claim right away!” He notes that this is “rarely a good idea,” since if the building is more than two years old, the warranty will only be worthwhile if the building is near collapse. He also notes that once you file a warranty claim, “the association is precluded from ever filing a lawsuit on that issue.”
Additionally, Wiechnik points out that filing a warranty claim puts everything into the hands of an arbitrator, who gets control of the whole process and whose decision is final, whether the association is happy with the results. Further, he notes, “the program favors builders and contractors over the homeowners.”
In his second section, he looks at the fears that if the developer is bankrupt, there is no point is suing. Here he notes that the money for repairs does not come from the developer, but “from the developer’s and subcontractor’s insurance carriers.”
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The Benefits of Trash Talking: A Cautionary Tale of Demolition Gone Wrong
September 02, 2024 —
Joshua Levy, Anne O'Meara & Kimberly Gutierrez - Construction ExecutiveThat sinking feeling has crossed everyone’s mind at some point: "Did I accidentally throw out...?” It can happen to anyone, from valuable jewelry to uncashed checks or even (in the case of one contractor) to fire-pump control cabinets.
Demolishing the wrong equipment is a concern construction and demolition contractors should review before beginning any project. Recently, one general contractor and its demolition subcontractor would have benefitted from a more detailed “trash” talking session, which could have helped them avoid a dumpster-fire of a legal dispute.
In this case, the general contractor was contracted to renovate a hangar for a military base. The company subcontracted the demolition work to a local, family-owned contractor to demolish aspects of the hangar’s fire-suppression room. The two companies met many times, from planning to daily field walk-downs. They discussed that any equipment that was tagged with bright orange tags would remain in the fire-suppression room. The contractor also reviewed the demolition plans with the demolition company, detailing what should and should not be removed.
Reprinted courtesy of
Joshua Levy, Anne O'Meara & Kimberly Gutierrez, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Second Circuit Finds Potential Ambiguity in Competing “Anti-Concurrent Cause” Provisions in Hurricane Sandy Property Loss
November 28, 2018 —
CDJ STAFFThe Second Circuit recently held that competing “anti-concurrent cause” provisions in a commercial property policy present a potential ambiguity that could result in favor of coverage for losses sustained by Madelaine Chocolate after storm surge from Hurricane Sandy combined to cause substantial damage to Madelaine’s property and a resulting loss of income.
Madelaine was insured under an all-risk insurance policy issued by Chubb subsidiary Great Northern Insurance Company. By endorsement, Madelaine’s policy added “windstorm” as a covered peril and defined “windstorm” as “wind… regardless of any other cause or event that directly or indirectly contributes concurrently to, or contributed in any sequence to, the loss or damage.” The policy also included a common flood exclusion that removed coverage for loss or damage caused by or resulting from waves, tidal water, or tidal waves, or the rising, overflowing, or breaking of any natural harbors, oceans, or any other body of water, whether driven by wind or not. Like the windstorm endorsement, the flood exclusion contained concurrency language that broadened the exclusion to any loss to which flood contributed, regardless of any other cause or event that directly or indirectly contributed to the loss.
Reprinted courtesy of
Michael S. Levine, Hunton Andrews Kurth and
Tae Andrews, Hunton Andrews Kurth
Mr. Levine may be contacted at mlevine@HuntonAK.com
Mr. Andrews may be contacted at tandrews@HuntonAK.com
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