Construction Mediation Tips for Practitioners and 'Eyes Only' Tips for Construction Mediators
December 05, 2022 —
Stacy L. La Scala - Construction ExecutiveConstruction mediation can occur during or after construction and prior to or during arbitration or litigation. But, regardless of when a construction mediation occurs, its success often depends on the parties’ willingness to exchange critical information well in advance of the mediation session.
Tips for the Construction Practitioner
- Schedule a mandatory pre-session call.
A pre-session call with the mediator is the first and most effective opportunity to convey your client’s position and to allow the mediator to absorb and evaluate that information without distraction. On that call, counsel should describe the dispute and identify the decision-makers. Additionally, counsel should address the following questions:
- Are the parties working together and sharing information, or are they at war?
- Have the parties shared expert information?
- Have demands been published?
- Will the parties be publishing their briefs?
- What confidential information is not in the mediation brief?
- Will the decision-makers be participating? Are there any decision-makers who are not available or “behind the scenes”?
Reprinted courtesy of
Stacy L. La Scala, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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U.K. Developer Pledges Building Safety in Wake of Grenfell
April 19, 2022 —
Ryan Hesketh - BloombergCrest Nicholson Plc intends to sign the building safety pledge set up in the aftermath of the Grenfell fire in 2017 to improve standards that may cost the U.K. developer as much as 120 million pounds ($157 million).
The company’s best estimate of further liability as a result of the pledge would be 80 million pounds to 120 million pounds, according to a statement Tuesday. Since 2019, Crest Nicholson has recorded 47.8 million pounds of net charges from obligations imposed after the fire at Grenfell Tower in London in which flammable cladding materials contributed to the deaths of 72 people.
The Secretary of State for the Department for Levelling Up, Housing and Communities announced in January the government’s intention to increase the legal obligation on developers to fix potentially dangerous buildings. Since then, Crest Nicholson has engaged in “intensive dialogue” with the government about the new guidelines, resulting in the decision to sign the pledge, the firm said in the statement.
The new restrictions will be enacted in law through proposed amendments to the Building Safety Bill that is currently passing through parliament. Crest Nicholson is currently considering whether any further regulatory approvals are required in respect of the proposed laws, according to the statement.
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Ryan Hesketh, Bloomberg
Los Angeles Recovery Crews Begin to Mobilize as Wildfires Continue to Burn
January 21, 2025 —
Scott Blair, Aileen Cho, & C.J. Schexnayder - Engineering News-RecordMore than a week since wildfires broke out in the Los Angeles area stoked by hurricane-force Santa Ana winds, officials are hoping that a change in the weather will soon allow the long process of recovery to begin.
Reprinted courtesy of
Scott Blair, ENR,
Aileen Cho, ENR and
C.J. Schexnayder, ENR
Mr. Blair may be contacted at blairs@enr.com
Ms. Cho may be contacted at choa@enr.com
Mr. Schexnayder may be contacted at schexnayderc@enr.com
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Housing Starts Plunge by the Most in Four Years
May 20, 2015 —
Bloomberg(Bloomberg) -- Housing starts plummeted in February by the most since 2011 as plunging temperatures and snow became the latest hurdles for an industry struggling to recover.
Work began on 897,000 houses at an annualized rate, down 17 percent from January and the fewest in a year, the Commerce Department reported Tuesday in Washington. The pace was slower than the most pessimistic projection in a Bloomberg survey of 81 economists.
“Today’s report leaves me a little concerned,” said Michelle Meyer, deputy head of U.S. economics at Bank of America Corp. in New York. “While the initial reaction is to dismiss much of the drop because of the bad weather, the level of home construction continues to be depressed.”
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Bloomberg News
Green Construction Trends Contractors Can Expect in 2019
May 01, 2019 —
Emily Folk - Construction ExecutiveThe construction industry has come a long way since it was started building homes out of logs and sticks. Modern homes and buildings are marvels of engineering filled with wood, concrete and steel—much of which could be recycled if the building were ever torn down. Green construction is a growing field that will continue to expand in the coming year. What green construction trends can we expect to see in the coming year?
Augmented and Virtual Reality
Augmented reality (AR) is growing more popular every year for games and entertainment, but it also has some applications in green construction. AR and virtual reality (VR) programs, either through a headset or on a smartphone, can be used to improve collaboration between companies, allowing each company to see a virtual overlay of their stage of the project.
For green and eco-friendly construction, it can be used to show how a finished product will look on undeveloped land, making it easier to judge the ecological impact of the project. The use of AR and VR in green construction is still in its infancy, though we will likely start to see more of it in 2019.
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Emily Folk, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Real Estate & Construction News Roundup (6/4/24) – New CRE Litmus Tests, Tech Integration in Real Estate and a Jump in Investor Home Purchases
July 02, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, big bank exposure to CRE lending grows, concerns for the construction industry abound, U.S. hotel securitized loans come due, and more!
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Pillsbury's Construction & Real Estate Law Team
Homeowner’s Policy Excludes Coverage for Loss Caused by Chinese Drywall
November 18, 2011 —
Tred R. Eyerly - Insurance Law HawaiiExclusions barred the homeowners from recovering for losses caused by Chinese drywall in their home. Ross v. C. Adams Const. & Design, L.L.C., 2011 La. App. LEXIS 769 (La. Ct. App., released for publication Oct. 5, 2011).
Two years after purchasing their home, the Rosses began experiencing chronic malfunctions in the heating, ventilation and air conditioning system. After discovering the presence of gypsum drywall, or "Chinese drywall", they submitted a claim to their insurer, Louisiana Citizens Property Insurance Company, for damages caused by the Chinese drywall. Louisiana Citizens denied the claim.
The Rosses sued. The trial court granted summary judgment to Louisiana Citizens based upon exclusions in the policy.
On appeal, the appellate court first agreed the Rosses had sustained a direct physical loss. The inherent qualities of the Chinese drywall created a physical loss to the home and the drywall had to be removed and replaced.
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com
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Greg Dillion & Newmeyer Dillion Named 2019 Good Scout Award Recipient
November 24, 2019 —
Newmeyer DillionNewmeyer Dillion, a prominent business and real estate law firm, today announced Greg Dillion and the firm were named the 2019 Good Scout Award recipient by the Boy Scouts of America, Orange County Council. Dillion and the firm were recognized at the 38th annual Construction Industry Luncheon on November 18th at Hotel Irvine in Irvine, CA. The award is given to individual/company in recognition of their outstanding character, leadership in their industry and commitment to their community.
"When reviewing the 12 points of the Scout's law, with each point as a goal for every Scout to live up to, the two that stand out the most for me that Greg embodies are that Greg is 'helpful' and Greg is 'brave,'" says Newmeyer Dillion's Managing Partner Paul Tetzloff, who served as Master of Ceremonies for this year's award.
"Greg has the instantaneous willingness to help, and he will make the time to help even when he has no time to do so. Greg never runs and he never backs down. He is the person that we look up to. He never hesitates, and he never blames. He only moves forward. I've been blessed in my life to be around and influenced by some tremendous leaders. Greg is the real deal. The Boy Scouts could not have picked a better man to honor."
Greg Dillion is a founding partner of Newmeyer Dillion. Established 35 years ago, the firm has grown from three attorneys to over 70 in three offices. Along with an active trial and appellate public and private practice, Dillion represents residential and commercial developers and other businesses in complex and high stakes business, insurance, real estate and construction disputes. He also advises on insurance policy placement and review; risk avoidance, transfer and management; and alternative dispute resolution methods, techniques and enforceability.
Dillion is active in the community in which he serves, as a supporter of numerous charities and non-profit organizations like the American Cancer Society, Boys Scouts of America, The City of Hope, Interval House, Joyful Child, The Catalina Conservancy, Orangewood Foundation, The Shea Center, The Catalina Cowboy Heritage Foundation and more. He currently sits on the Board for the Surfing Heritage & Culture Center and the Los Caballeros.
Learn More:
https://www.newmeyerdillion.com/gregory-l-dillion/
https://vimeo.com/374510243/a587df2eaa
About Newmeyer Dillion
For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of corporate, employment, real estate, privacy & data security and insurance law, Newmeyer Dillion delivers legal services tailored to meet each client's needs and takes an integrated and holistic approach to its legal representation that propels each clients' vision, mission, culture, operations, peace of mind and bottom line. 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 have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com.
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