Cambridge Massachusetts Building Expert Directory

ACEC Research Institute Releases New Engineering Industry Forecast

December 13, 2021 — American Council of Engineering Companies
Washington, DC, Dec. 09, 2021 (GLOBE NEWSWIRE) -- Today, the ACEC Research Institute released two new reports on the Engineering and Design Services industry: the 2021 Economic Assessment of the Engineering and Design Services Industry and a new Engineering Business Sentiment report for Q4 2021. The data shows the industry has rebounded from project postponements due to COVID, though firms identify a tight labor market and lack of qualified workers as continued barriers to growth across public and private markets. This is the second annual release of the Engineering and Design Services industry assessment, which tracks the industry's economic contributions, analyzes key economic drivers, and forecasts industry growth. Snapshot of the Engineering and Design Services Industry: 1.5 million direct full- and part-time jobs $97,300 average yearly wages $338 billion in industry sales $198 billion direct economic contribution $105 billion collected in total federal, state & local tax Both reports, the 2021 Economic Assessment of the Engineering and Design Services Industry and the Engineering Business Sentiment report for Q4 2021, are available for download by clicking here. ### The ACEC Research Institute is the research arm of the American Council of Engineering Companies – the business association of the nation's engineering industry. The ACEC Research Institute's mission is to deliver knowledge and business strategies that guide and elevate the engineering industry and to be the leading source of knowledge and thought leadership for creating a more sustainable, safe, secure and technically advanced built environment. For more information, go to www.acecresearchinstitute.org. Read the court decision
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General Contractor’s Ability to Supplement Subcontractor Per Subcontract

July 10, 2018 — David Adelstein - Florida Construction Legal Updates
As a subcontractor, you need to appreciate that the subcontract you (more than likely) sign is going to have you bear risk associated with furnishing manpower to maintain the prime contractor’s schedule and progress. A subcontractor can factor some of this risk into the lump sum amount it agrees to in the subcontract. But, from the general/prime contractor’s perspective, it is very important that this risk is borne by the subcontractor because there is no such thing as a schedule written in stone. The baseline schedule, whether attached to the subcontract or not, will change. Activities will be re-sequenced. Activities will be added. Activities will overlap. Activity start dates and finish dates will change. It is the nature of construction. As a subcontractor, you know all of this because it is the same no matter the project. Schedules are never written in stone — they change on a regular basis. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

99-Year-Old Transmission Tower Seen as Possible Cause of Devastating Calif. Wildfire

December 11, 2018 — Contra Costa Times - Engineering News-Record
Dec. 08 --PULGA -- With winds gusting around 50 mph in the morning hours of Nov. 8 , portions of a PG&E steel lattice transmission tower -- exposed to the elements high on a ridgetop and originally built when Woodrow Wilson was president -- failed. As high-voltage lines got loose and whipped around, striking the metal tower, molten aluminum and metal sprayed across tinder dry vegetation, igniting the brush. Arriving firefighters could only watch as the blaze underneath the power lines quickly spread to wild timber and brush. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com

President Trump’s Infrastructure Plan Requires a Viable Statutory Framework (PPP Statutes)[i]

April 13, 2017 — John P. Ahlers - Ahlers & Cressman PLLC
Although we live in a politically-divided nation, there is one issue on which there seems widespread agreement: our country requires a massive upgrade to its infrastructure. Rundown airports, crumbling highways, obsolete ports, and dangerous bridges are now endemic across the United States. By contrast, Asian airports and elegant European bridges and rails show that our country needs an upgrade, the cost of which will be enormous. President Trump promised to revitalize America’s aging roads, bridges, railways, and airports. He chose Wilbur Ross for Commerce Secretary and professor of Conservative Economics and Public Policy, Peter Navarro, to formulate an infrastructure plan. Navarro and Ross recommended that the government allocate $137 billion in tax credits for private investors who underwrite infrastructure projects. They estimate that over the next ten years, the credits could spur $1 trillion in investments. That is how much President Trump promised to spend on infrastructure, a key part of his job-creation plan. His plan involves building the infrastructure with private-money financing. Public Private Partnerships (“PPP”) are not a new concept and have been successful in Canada, Europe, and various U.S. states who have pioneered this method of procurement. Federal tax credits have been used to spur private investment in housing, resulting in tens of thousands of low-income housing developments over the years. The credits are sold to private entities such as banks and equity firms that invest anywhere from $.70 to $1.10 in housing developments for every dollar they receive in credits, a ratio that fluctuates with economic conditions. Read the court decision
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Reprinted courtesy of John P. Ahlers, Ahlers & Cressman PLLC
Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

SunEdison Gets Shinsei Bank Funding for Japan Solar Power Plant

March 12, 2015 — Ehren Goossens – Bloomberg
(Bloomberg) -- SunEdison Inc., a U.S. solar developer, got financing from Tokyo-based Shinsei Bank Ltd. for a large-scale project in the country. The 9.6-megawatt Tarumizu project on the southern Japanese island of Kyushu will power about 3,000 homes, Maryland Heights, Missouri-based SunEdison said Wednesday in a statement. The project is under construction and expected to be completed in September. Financial details weren’t disclosed. Read the court decision
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Reprinted courtesy of Ehren Goossens, Bloomberg
Mr. Goossens may be contacted at egoossens1@bloomberg.net

No Coverage for Roof Collapse During Hurricane

January 29, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit affirmed the district court's determination that the insured's roof collapse was not covered. Exclusive Real Estate Inv., L.L.C. v. S.G.L. No. 1, Ltd., 2023 U.S. App. LEXIS 29368 (5th Cir. Nov. 3, 2023). A building owned by Exclusive Real Estate partially collapsed during a rain-storm. The insurer, SGL, inspected the roof and determined that there was no coverage. Exclusive sued SGL for breach of contract and bad faith. SGL moved for summary judgment, which was granted by the district court. Exclusive appealed. The poicy covered "direct physical loss to the property" caused by windstorms. Exclusions, however, precluded coverage for losses "caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening." Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Gene Witkin Joins Ross Hart’s Mediation Team at AMCC

March 01, 2021 — Arbitration Mediation Conciliation Center (AMCC)
AMCC is pleased to announce Gene Witkin joining Ross Hart’s mediation team effective March 1 this year. Prior to joining our esteemed roster of neutrals, Mr. Witkin was active in complex litigation, insurance disputes, and conflict resolution in numerous different states and venues throughout the United States for more than thirty years. In 2000, he co-founded the law firm Menter & Witkin LLP that focused in large part on risk sharing and funding of large lawsuits, which gave him the diverse experience of representing both plaintiffs and defendants, as well as third-party defendants and insurance companies. Mr. Witkin completed mediator training at National Conflict Resolution Center in 2017, and is an AV Rated “Preeminent Attorney” by Martindale-Hubbell (highest rating) and “Super Lawyer” every year since 2015. He may be contacted at g.witkin@amccenter.com or through AMCC at (800) 645-4874. Reprinted courtesy of Arbitration Mediation Conciliation Center (AMCC) Read the court decision
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Even Fraud in the Inducement is Tough in Construction

November 06, 2023 — Christopher G. Hill - Construction Law Musings
I have discussed how hard it is in the Commonwealth of Virginia to make out a claim for fraud when a construction contract is involved. On limited exception is where a claim for “fraud in the inducement” is involved. Essentially, such a claim states that one party was hoodwinked into entering the contract in the first place. Because of the initial fraud (for instance misrepresenting the class or existence of a contractor’s license), the courts may bypass the terms of the contract and allow a claim for fraud to go forward. While you may think that this would lead to many claims making it past a Motion to Dismiss, at least one court here in Virginia makes it clear that such claims will not be taken lightly and must be supported by specific and substantial allegations that would support more than just “advertising” or opinion. In County of Grayson v. Ra-Tech Services Inc., the U. S. District Court for the Western District of Virginia reviewed an amended complaint from the Plaintiff seeking to make out a claim for fraud in the inducement based upon the defendant’s statements in support of a proposal that certain brands of equipment would be used. The Court further considered general allegations that the Defendant never intended to provide those particular brands of equipment. 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

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