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    Local # 0780
    433 Meadow St
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    Brooklyn’s Hipster Economy Challenges Manhattan Supremacy

    Illinois Insureds are Contesting One Carrier's Universal Denial to Covid-19 Losses

    Construction Law Breaking News: California Supreme Court Rules in Favor of Beacon Residential Community Association

    New York City Construction: Boom Times Again?

    California’s Labor Enforcement Task Force Continues to Set Fire to the Underground Economy

    Defense Owed to Insured Subcontractor, but not to Additional Insured

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    Fairfield, Connecticut

    A Vision and Strategy for the Adoption of Open International Standards

    November 18, 2019 —
    The final report of RASTI is now available in English. The project outlined a national vision and strategy for the adoption of open international standards in the real estate and construction industries. The Finnish version includes several appendices. One of the frameworks that RASTI devised was a built environment life-cycle process map. It is derived from the model of Antti Autio of the Ministry of the Environment. The map presents the processes of the four “lanes”: the customer’s/users value creation processes, public sector processes, information work, and production. Ideally, data and information flow across the processes, using open standards. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Toll Brothers to Acquire Shapell for $1.6 Billion

    November 08, 2013 —
    Toll Brothers is purchasing the home-building business of Shapell Industries for $1.6 billion. This will increase Toll Brother’s presence in California, where it has been building homes since 1994. After the acquisition, Toll Brothers will have about 9,200 lots in California, while it currently has about 4,000. Toll Brothers is not purchasing the commercial development arm of Shapell. Read the court decision
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    Reprinted courtesy of

    Minnesota Senate Office Building Called Unconstitutional

    November 06, 2013 —
    The state of Minnesota has plans for a $63 million Senate office building. Not so fast, says a former member of the Minnesota House. Jim Knoblach, the former representative for St. Cloud, has filed a lawsuit claiming that the appropriation for the building violated the state’s constitution. Funding for the senate office building was included in a tax bill, and Mr. Knoblach claims that violates the state’s requirement that laws have only a single subject. “It was buried deep in the tax bill and passed on the chaotic last day of session,” said Mr. Knoblach. In Minnesota, public works projects must reach 60% approval in both houses, while the tax bill only required 50% approval. State Republicans oppose the building. Read the court decision
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    A Few Green Building Notes

    April 03, 2019 —
    This past week, the blogosphere (if that’s even the word these days) has been abuzz about green building and the value that green can add to a project. Three items in particular (among many) got my attention. The first of these was the fact that a new private sustainability rating system is ready for launch. The Institute for Sustainable Infrastructure (or ISI) is seeking public comment on its proposed envISIon. This new system (aptly dubbed Version 1.0) will go “live” in July for comment. Why mention this new system? First of all, ISI’s founding members are the American Society of Civil Engineers (ASCE), the American Public Works Association (APWA) and the American Council of Engineering Companies (ACEC). This trio gives the new program some fairly heavy weight backing. Second, while there are rating systems aside from the ever present LEED, none have taken hold in any real way to compete with LEED. I am curious to see if the envISIon system has any better luck. Finally, this shows that sustainable building is of interest to more than the USGBC and those of us that discuss LEED on a daily basis. I find this to be a great thing that could lead to more societal acceptance of sustainable practices as a standard practice rather than a goal. Hopefully such efforts will offset the other two notes that caught my eye recently. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Appeals Court Affirms Civil Engineer Owes No Duty of Care to General Contractor

    August 20, 2014 —
    According to Shareholder Karen Holmes and Law Clerk Justin Reid of Balestreri Potocki & Holmes, in Atlas-Allied v. SD Community College District, the California Court of Appeal “confirmed that a civil engineer owes no duty of care to the General Contractor absent privity of contract.” The Appellate court considered Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP to reach that conclusion. Holmes and Reid commented that the Atlas-Allied decision “can assist in clarifying the extent liability is owed when no contract exists. Here, while unpublished, the 4th District clearly refused to extend a duty by the civil engineer to the general contractor on a public works project, giving counsel guidance on the application of Beacon and prior decisions on design professionals’ liability.” Read the court decision
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    Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:

    January 17, 2022 —
    1. Aas v. Superior Court (2000) 24 Cal. 4th 627 – economic loss rule
    2. Amelco Electric v. City of Thousand Oaks ( (2002) 27 Cal. 4th 228 – abandonment does not apply to public works – total cost theory is allowed
    3. Beacon Residential Community Association v. Skidmore, Owings & Merrill (2014) 59 Cal. 4th 568 – architect liable in absence of privity
    4. Cates Const., Inc. v. Talbot Partners (1999) 21 Cal.4th 28 – no tort recovery on bonds – performance bonds can cover contract warranties
    5. Condon-Johnson & Associates, Inc. v. Sacramento Municipal Utility Dist., 149 Cal. App. 4th 1384 – liability for concealed conditions
    6. Connolly Development, Inc. v. Superior Court of Merced County (1976) 17 Cal. 3d 803 – mechanic lien remedy is constitutional
    7. Crawford v. Weather Shield Mfg. (2008) 44 Cal. 4th 541 – indemnity implies obligation to defend [now limited to commercial contracts under CCP 2782 (c)–(h)]
    Read the court decision
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    Reprinted courtesy of Ted Senet, Gibbs Gidden
    Mr. Senet may be contacted at tsenet@gibbsgiden.com

    Top 10 OSHA Violations For The Construction Industry In 2023

    February 26, 2024 —
    Every year, the Occupational Safety and Health Administration (OSHA) publishes their top violations in the construction industry. And typically, the most common violations are consistent year after year. What separates 2023 is the number of citations involving Fall Protection, Scaffolding, Ladders, and the failure to use personal protective equipment (PPE) or other life safety equipment (LSE). The following is the list of the Top Ten OSHA violations for 2023: (10) Toxic and Hazardous Substances. There were 382 citations issued for “hazardous communication” and improper warnings issued to construction employees. (9) Excavations. There were 395 citations issued for failure to provide proper and specific excavation requirements and instructions. (8) Scaffolding – Aerial Lifts. There were 481 citations issued for improper lifting equipment and supports for building scaffolding. Reprinted courtesy of Dominic Donato, Kahana Feld and Jeff Miragliotta, Kahana Feld Mr. Donato may be contacted at ddonato@kahanafeld.com Mr. Miragliotta may be contacted at jmiragliotta@kahanafeld.com Read the court decision
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    No Choice between Homeowner Protection and Bankrupt Developers?

    February 10, 2012 —

    Donna DiMaggio Berger, writing in the Sun Sentinel argues those may be the only current choices in Florida. A recent court case, Lakeview Reserve HOA v. Maronda Homes has caused a swift response from the legislators. Ms. Berger notes that the construction defect bill, HB 1013, “would take away a homeowner’s rights to pursue a developer for defects to the driveways, roads, sidewalks, utilities, drainage areas and other so-called ‘off-site’ improvements.” The alternative? She notes that applying the Maronda decision would “bankrupt developers who don’t build defect-free roads and sidewalks.”

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