Five LEED and Green Construction Trends to Watch in 2020
January 27, 2020 —
Tommy Linstroth - Construction ExecutiveTo succeed in any field, you can never stop learning—especially in the green construction industry where standards and technology are always growing and changing.
Here are a few of the exciting trends in LEED certification and green construction learned about during this year’s Greenbuild International Conference and Expo, which is the largest annual event for green building professionals in the world.
1. More Transparency About Products
In 2020, the product sustainability information provided by manufacturers will continue becoming more transparent and accessible. Manufacturers are coming to the table and presenting more useful information on environmental and health impacts, conducting life cycle analyses and making the information available for the design and construction marketplace.
Although this means even more information for construction and design teams to take into account when planning green construction projects, it’s a definite positive. We’re starting to see the actual environmental performance getting taken into account in product specification.
Reprinted courtesy of
Tommy Linstroth, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Designed to Expose: Beware Lender Certificates
August 20, 2018 —
Jacob Goodelman - Gordon & Rees Construction Law BlogDanny the Developer wishes to build Greenacre, a large residential and retail condominium complex in downtown Boston. However, Danny’s lender – the Bank of Barbara – will not lend Danny the money to develop the complex unless Danny’s architect signs a lender certificate. Danny presents the lender certificate to Allie the Architect, the certificate is relatively short and simple, it states:
“Allie the Architect prepared plans and specifications relating to Greenacre. Allie the Architect certifies that the plans are in accordance with all applicable zoning, building, housing and other laws, ordinances, regulations including but not limited to the Federal Fair Housing Act, the Uniform Federal Accessibility Standards, and the Americans with Disability Act. The Plans do not encroach over, across or upon any such easements, rights-of-way, or subsurface rights and the like. Allie further certifies that the load bearing capacity of the soil is adequate to support the plans. The Bank of Barbara shall rely upon Allie the Architects certification in loaning money to Danny the Developer for Greenacre.”
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Jacob Goodelman, Gordon Rees Scully MansukhaniMr. Goodelman may be contacted at
jgoodelman@grsm.com
Hong Kong Property Tycoon Makes $533 Million Bet on Solar
April 02, 2014 —
Ehren Goossens and Benjamin Haas - Bloomberg NewsA Hong Kong real-estate tycoon has spent the past year accumulating stakes in failing solar companies, piecing together what may become the biggest collection of photovoltaic factories in the world.
Zheng Jianming, also known in Cantonese as Cheng Kin Ming, has spent or pledged about $533 million to buy assets that at their peak were worth almost $20 billion, according to regulatory filings in the U.S. and Hong Kong, where he has a home and office.
The transactions, if completed, would transform Zheng, a newcomer to the solar industry, into one of its most powerful leaders. Another Zheng solar investment in 2012, a 30 percent stake in Shunfeng Photovoltaic International Ltd. (1165), has surged more than 2,900 percent and is now worth more than $745 million.
Mr. Goossens may be contacted at egoossens1@bloomberg.net; Mr. Haas may be contacted at bhaas7@bloomberg.net
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Ehren Goossens and Benjamin Haas, Bloomberg News
Construction Defect Headaches Can Be Avoided
February 21, 2013 —
CDJ STAFFConstruction defect claims can be an avoidable headache, if builders apply some forethought. Mark J. Peschel of Johnson & Lindberg, a Bloomington, Minnesota law firm, points out that simply says that windows should be weatherproofed by appropriate flashing, without any guidance on accomplishing that. He notes that “builders tend not to know the weatherproofing code provisions as well as they should.” Another lawyer, Eric S. Hayes of Brown and Carlson in St. Louis Park extends this, “it’s not just the building codes that need to be followed, but also the standards in the industry.”
Hayes notes that another way builders can avoid headaches is by being proactive. “I often hear, once things have gone sour and moved toward litigation, that the homeowner contacted the contractor a dozen times about a leaking basement and nothing was done, so they were forced to sue.” His advice for builders: “Don’t let it fester.”
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U.S. Construction Value Flat at End of Summer
December 04, 2013 —
CDJ STAFFThe Census Bureau has released it numbers for the value of construction put in place for September and October, and while further numbers are forthcoming, this current report shows little change. The value of construction dropped a miniscule 0.3% in September, however, residential construction actually showed a slight increase.
October then showed a 0.8% increase, but then private residential construction dropped by 0.5%. In all, however, by the end of October, private residential spending was up 17.8% over the prior year. As with other sectors of public spending, public residential spending dropped 3.4% from the prior year.
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Subrogation 101 (and Why Should I Care?)
July 16, 2023 —
Clark Thiel & Alexis N. Wansac - Gravel2Gavel Construction & Real Estate Law BlogWhat is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two.
What Is Subrogation?
“Subrogation” refers to the act of one person or party standing in the place of another person or party. It is a legal right held by most insurance carriers to pursue a third party that caused an insurance loss in order to recover the amount the insurance carrier paid the insured to cover the loss. This occurs when (i) the insurance carrier makes a payment on behalf of its insured as the result of a covered accident or injury, and then (ii) the insurer then seeks repayment from the at-fault party.
Reprinted courtesy of
Clark Thiel, Pillsbury and
Alexis N. Wansac, Pillsbury
Mr. Thiel may be contacted at clark.thiel@pillsburylaw.com
Ms. Wansac may be contacted at alexis.wansac@pillsburylaw.com
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Rio Olympics Work Was a Mess and Then Something Curious Happened
April 06, 2016 —
Jonathan Levin, Tariq Panja & David Biller – BloombergIn early 2014, a senior Olympic Committee official returned from a trip to Rio de Janeiro and declared Brazil’s preparations for the Summer Games to be the worst he’d ever seen. In the two years since, a crippling recession set in, dozens of construction executives were ensnared in a nationwide corruption scandal and the president has been pushed to the brink of impeachment.
And the preparations?
They’re basically fine now, actually. In what is emerging as a rare bright spot in a country buffeted by crisis on all sides, the organizing committee is saying that more than 95 percent of the venues are complete some four months ahead of the opening ceremony and, what’s more, data shows spending has largely remained under control.
Reprinted courtesy of Bloomberg reporters
Jonathan Levin,
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New Law Impacting Florida’s Statute of Repose
June 29, 2017 —
Meredith N. Reynolds & K. Stefan Chin – Peckar & Abramson, P.C.On June 14, 2017, Governor Scott signed House Bill 377 into law, clarifying that Florida’s ten-year
Statute of Repose commences either when the work is completed or when final payment becomes
due, whichever is latest. The new law resolves a problem for contractors created by a recent Florida
court ruling that held the Statute of Repose to commence as late as when the owner made final
payment. The applicable amendments to Florida Statute Section 95.11 take effect on July 1, 2017
and apply to all causes of action that accrue on or after that date.
Perhaps the most critical component of a construction professional’s risk management program is
the length of time that it is liable for the work performed on a project. While contractual warranty
periods typically run one or two years from substantial completion, the true length of a contractor’s
post-completion obligation is measured by the “Statute of Repose,” which establishes the period of
time following the completion of construction that a lawsuit can be filed for construction defects.
Reprinted courtesy of
Meredith N. Reynolds, Peckar & Abramson, P.C. and
K. Stefan Chin, Peckar & Abramson, P.C.
Ms. Reynolds may be contacted at mreynolds@pecklaw.com
Mr. Chin may be contacted at kschin@pecklaw.com
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