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    Building Expert News and Information
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    Napa Quake Seen Costing Up to $4 Billion as Wineries Shut

    Architect Plans to 3D-Print a Two-Story House

    Is the Issuance of a City Use Permit Referable? Not When It Is an Administrative Act

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    Fairfield, Connecticut

    China Bans Tallest Skyscrapers Following Safety Concerns

    July 25, 2021 —
    China is prohibiting construction of the tallest skyscrapers to ensure safety following mounting concerns over the quality of some projects. The outright ban covers buildings that are taller than 500 meters (1,640 feet), the National Development and Reform Commission said in a notice Tuesday. Local authorities will also need to strictly limit building of towers that are more than 250 meters tall. The top economic planner cited quality problems and safety hazards in some developments stemming from loose oversight. A 72-story tower in Shenzhen was closed in May for checks following reports of unexplained wobbling, feeding concern about the stability of one of the technology hub’s tallest buildings. Construction of buildings exceeding 100 meters should strictly match the scale of the city where they will be located, along with its fire rescue capability, the commission said. “It’s primarily for safety,” said Qiao Shitong, an associate law professor at the University of Hong Kong who studies property and urban law. Extremely tall buildings “are more like signature projects for mayors and not necessarily efficient.” Read the court decision
    Read the full story...
    Reprinted courtesy of Bloomberg

    Joint Venture Dispute Over Profits

    January 28, 2019 —
    A recent Georgia Court of Appeals case demonstrates the risk of joint ventures failing to carefully define accounting rules in their joint venture agreement. Two trade contractors teamed up to accomplish certain tasks on a job at a wastewater lift station at Fort Gordon. A joint venture agreement provided for an equal split of the profits and losses. Unfortunately, the parties did not define “profit,” and particularly did not define what cost would be deducted in calculating profit. They disputed in particular whether certain large payments to individuals and 15% overhead charges should be deducted in calculating profits. One party presented the expert testimony of an accountant while the other did not. The party presenting expert testimony asked the court to dismiss the other party’s claim because it was not supported by expert testimony of an accountant. The trial court granted the motion and dismissed the claim. Read the court decision
    Read the full story...
    Reprinted courtesy of David R. Cook, Jr., Autry, Hall, & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com

    Bid Bonds: The First Preventative Measure for Your Project

    September 03, 2019 —
    For this week’s Guest Post Friday, Construction Law Musings welcomes Danielle Rodabaugh. Danielle is a principal for Surety Bonds.com, an agency that issues surety bonds to individuals and businesses across the nation. She writes articles to clarify bonding rules and regulations for those who have a stake in the surety bond industry–from contractors to telemarketers, and every professional in between. In construction we often value performance and payment bonds when considering how to protect the financial investments put into a project. We do so because these bonds provide a legal financial guarantee that the selected contractor will fulfill the contract. However, a third, equally protective kind of construction bond is often overlooked. Before an official contract has been agreed to and successfully executed, bid bonds guarantee that the selected low-bidder will officially enter into the contract at a later date. Bidders must submit a bid bond with their bid. Without doing so, the bidder becomes non-responsive–or an invalid candidate. Sometimes we overlook the benefits provided by this kind of Virginia surety bond, and yet they frequently act as the only legal protection for a project prior to groundbreaking. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Construction Defect Claim not Barred by Prior Arbitration

    October 28, 2015 —
    According to Stan Martin of Commonsense Construction Law LLC, the Appellate Court of Connecticut ruled in favor of the owner of a twenty-two building development in a construction defect suit despite the contractor’s objection “that the lawsuit was barred by doctrines of res judicata or collateral estoppel.” When issues of “construction and alleged defects” arose in 1996, the “contractor eventually filed for arbitration, seeking the contract balance.” The contractor was awarded $82,812.81. During the arbitration, “no claims for defective construction were advanced.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Substitutions On a Construction Project — A Specification Writer Responds

    July 03, 2022 —
    In response to the post about Substitute Materials on a construction project, Phil Kabza explains how his company, SpecGuy, handles tracking of all such materials on a project. Phil writes: Excellent and important topic, about which there is much confusion among design professionals and contractors. We try to maintain definitions for:
    • Pre-bid requests for prior approval of proposed comparable products where products are named in the specifications
    • True pre-bid substitution requests that present an alternate type of product from that specified (ie., not “comparable” but perhaps suitable)
    • Read the court decision
      Read the full story...
      Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
      Ms. Brumback may be contacted at mbrumback@rl-law.com

      Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake

      August 31, 2020 —
      Before the Kardashians, before Empire, before Crazy Rich Asians there was Lifestyles of the Rich and Famous with Robin Leach. The next case, Moore v. Teed, Case No. A153523 (April 24, 2020), 1st District Court of Appeals, is about the unfulfilled wishes and dashed dreams of the $13 million dollar “fixer upper.” Moore v. Teed The $13 Million Dollar “Fixer Upper” Justin Moore just wanted to buy a house in San Francisco. But he couldn’t afford one in the neighborhoods he preferred. But in 2011, luck struck, when Moore met Richard Teed, a real estate agent with “over 25 years of experience as a building contractor,” “an extensive background in historic restorations” and a “deep understanding of quality construction.” Teed told Moore that he could locate a “lower-priced fixer-upper in a choice neighborhood and then renovate it.” Moore was sold. Read the court decision
      Read the full story...
      Reprinted courtesy of Garret Murai, Nomos LLP
      Mr. Murai may be contacted at gmurai@nomosllp.com

      Carillion Fallout Affects Major Hospital Project in Liverpool

      October 30, 2018 —
      Managers of a 90%-complete, 646-bed hospital in Liverpool will take charge of the project after unravelling a public-private partnership with the contractor Carillion Plc, which collapsed ignominiously in January (ENR 1/22 p. 12). Following cancellation of the contractor’s other large U.K. hospital P3, near Birmingham, project lenders face large losses. Read the court decision
      Read the full story...
      Reprinted courtesy of Peter Reina, ENR
      Mr. Reina may be contacted at reina@btinternet.com

      Axa Unveils Plans to Transform ‘Stump’ Into London Skyscraper

      June 17, 2015 —
      Plans for a skyscraper at 22 Bishopsgate in the City of London go on show for the first time today before developers Axa Real Estate and Lipton Rogers seek planning approval. Axa bought the site in February, three years after work halted on the tower during the financial crisis. The plot became known as “the stump” because only the foundations, basements and the lift core up to level nine were built. Read the court decision
      Read the full story...
      Reprinted courtesy of Patrick Gower, Bloomberg