An Upward Trend in Commercial Construction?
March 28, 2012 —
Melissa Brumback, Construction Law in North CarolinaYear-end economic indicators demonstrate that private commercial construction may be increasing in 2012, primarily as demand grows for new projects built in the United States.
According to an article in Businessweek, the Architecture Billings Index held at 52 in December, indicating a modest expansion in the market. The American Institute of Architects said that the commercial and industrial component of the number climbed to 54.1 in December, the highest in 10 months.
The monthly survey of U.S.-based architecture firms is one of the main indicators of nonresidential construction, and these numbers suggest that modest improvement may be on the horizon.
The information is confirmed by data from the Census Bureau that shows that spending on lodging, office, commercial and manufacturing buildings grew 8.2 percent in November to $9.2 billion from a year ago. These types of commercial and industrial projects are historically canaries in the mine and are usually the first part of the industry to improve as the economy expands.
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Reprinted courtesy of Melissa Dewey Brumback of Ragsdale Liggett PLLC. Ms. Brumback can be contacted at mbrumback@rl-law.com.
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House of Digital Twins
March 08, 2021 —
Cristina Savian - AEC BusinessAs a vocal and passionate advocate for the adoption of Digital Twins for our built assets, I keep finding myself standing in, what feels like, the middle of a house of cards, observing its always rocky structure in constant danger of collapse. A wobbly system threatened by the tremors stressed by one of the most prominent digital revolutions that our construction industry has ever experienced.
DIGITAL TWINS FOR OUR BUILT ASSET.
This booming industry trend is gaining speed at a rate that the construction industry has never experienced before. Construction has always been slow at innovating and still holds its title as the least digitalised industry, but the Digital Twin revolution has now found our location and is ready to disrupt. I often witness how these forces attempt to pull down the cards, but, to my surprise, their resilience is what keeps holding the house together. Hold on, is this resilience or resistance?
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Cristina Savian, AEC Business
Ex-Turner Exec Gets 46 Months for Bloomberg Construction Bribes
July 11, 2021 —
Eydie Cubarrubia - Engineering News-RecordA third New York City-based construction executive was sentenced to federal prison June 15, receiving 46 months, as part of the $15-million bribery scheme involving interiors work for financial giant Bloomberg LLP at its Manhattan headquarters.
Reprinted courtesy of
Eydie Cubarrubia, Engineering News-Record
Ms. Cubarrubia may be contacted at cubarrubiae@enr.com
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5 Ways Equipment Financing is Empowering Small Construction Businesses
August 24, 2017 —
Duane Craig - Construction InformerSmall construction businesses can often get 100% equipment financing, eliminating the down payment, and freeing up cash, according to the Equipment Leasing and Finance Association (ELFA).
Most small businesses need equipment in order to operate and grow, and each business must decide on an acquisition strategy that is right for it. But, a majority of businesses turn to equipment leasing and financing so they can take advantage of a range of benefits.
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Duane Craig, Construction InformerMr. Craig may be contacted at
dtcraig@constructioninformer.com
Obama Says Keystone Decision May Be Announced in Weeks or Months
March 05, 2015 —
Justin Sink – Bloomberg(Bloomberg) -- President Barack Obama said a decision on whether to approve the Keystone XL pipeline is possible in weeks or months.
The president told Reuters in an interview Monday that the decision definitely “will happen before the end of my administration.” Asked to be specific, he said, “Weeks or months.”
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Justin Sink, BloombergMr. Sink may be contacted at
jsink1@bloomberg.net
Ten Newmeyer & Dillion Attorneys Selected to the Best Lawyers in America© 2019
September 17, 2018 —
Newmeyer & DillionNEWPORT BEACH, Calif. – AUGUST 15, 2018 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that ten of the firm's Newport Beach attorneys were recently recognized in their respective practice areas in The Best Lawyers in America© 2019.
Attorneys named to The Best Lawyers in America, include:
Jason M. Caruso
Personal Injury Litigation - Plaintiffs
Product Liability Litigation – Plaintiffs
Michael S. Cucchissi
Real Estate Law
Jeffrey M. Dennis
Insurance Law
Gregory L. Dillion
Commercial Litigation
Construction Law
Insurance Law
Litigation - Construction
Litigation - Real Estate
Joseph A. Ferrentino
Litigation - Construction
Litigation - Real Estate
Thomas F. Newmeyer
Commercial Litigation
Litigation - Real Estate
John O'Hara
Litigation - Construction
Bonnie T. Roadarmel
Insurance Law
Jane Samson
Real Estate Law
Carol Sherman Zaist
Commercial Litigation
Best Lawyers is the oldest peer-review publication within the legal profession with a history of over 35 years. Attorneys are selected through exhaustive peer-review surveys in which leading lawyers confidentially evaluate their professional peers. Their listings are published in 75 countries worldwide and are recognized for their reliable and unbiased selections.
Newmeyer & Dillion is immensely proud of these lawyers and looks forward to their continued contributions to the firm, and the Orange County community as a whole.
About Newmeyer & Dillion
For almost 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 cybersecurity and privacy, corporate, employment, real estate, construction, insurance law and trial work, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. 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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Top Five Legal Mistakes in Construction
April 04, 2022 —
Jonathan A. Cass, Nicholas F. Morello & John A. Greenhall - Construction ExecutiveMany contractors repeatedly make the same mistakes in negotiating contracts. Here are the most common mistakes contractors make—and how they can be avoided.
1. Not Being Careful With Force Majeure Clauses
To protect themselves from liability in the event of unforeseen circumstances like fires, floods, wars, unusual delays in deliveries, strikes, pandemics or acts of God, contractors should ensure their contracts contain robust force majeure provisions. These provisions state that in the event of any extenuating circumstances outside of its control, the contractor is not liable for any damages that result from a delay to the project completion date and is entitled to a time extension. This clause has been critical in addressing COVID-19-related disruptions and the current material shortages. Contractors should be wary, however, of “no damage-for-delay” language, which often appears in conjunction with these clauses.
Reprinted courtesy of
Jonathan A. Cass, Nicholas F. Morello and John A. Greenhall, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Mr. Cass may be contacted at jcass@cohenseglias.com
Mr. Greenhall may be contacted at jgreenhall@cohenseglias.com
Mr. Morello may be contacted at nmorello@cohenseglias.com
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Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence
June 10, 2015 —
Christopher Kendrick and Valerie A. Moore – Haight Brown & Bonesteel LLPIn Albert v. Mid-Century Insurance Co. (No. B257792, filed 4/28/15, ord. pub. 5/20/15), a California Court of Appeal held that an insured’s trimming of a neighbor’s trees which allegedly damaged the trees was not an accident or occurrence covered by her homeowners insurance, despite a mistaken and good faith belief as to where the property line lay.
Ms. Albert was sued by her adjoining neighbor, who alleged damage to his property when she erected an encroaching fence and pruned nine mature olive trees on his property. The two parcels shared a reciprocal roadway easement providing for access to the main public road. At some point, Ms. Albert erected a fence that was subsequently determined to be on the neighbor’s land, and which enclosed a grove of nine mature olive trees. Ms. Albert claimed that the trees straddled the property line and were mutually owned. She pointed out that she had regularly been notified by the Los Angeles Fire Department to clear the area, and that she had been trimming the trees for years. Thus, she claimed a good faith belief that the trees were hers and that she was required to trim them.
Contending that her trimming had caused severe damage by reducing the aesthetic and monetary value of the trees, the neighbor sued alleging causes of action for trespass to real property and trees; abatement of private nuisance; declaratory relief; and for quiet title. He sought treble damages under Civil Code sections 733 and 3346, for injury to timber or trees.
Reprinted courtesy of
Christopher Kendrick, Haight Brown & Bonesteel LLP and
Valerie A. Moore, Haight Brown & Bonesteel LLP
Mr. Kendrick may be contacted at ckendrick@hbblaw.com; Ms. Moore may be contacted at vmoore@hbblaw.com
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