Georgia State and Local Governments Receive Expanded Authority for Conservation Projects
May 31, 2021 —
David R. Cook Jr. - Autry, Hall & Cook, LLPIn the 2020-2021 session, the Georgia General Assembly amended existing laws to expand state and local governments’ authority to enter conservation projects. In connection with these projects, the contractor guarantees that cost savings or revenue increases will cover any payments for the project.
Read more about
conservation projects, including
Guaranteed Energy Savings Performance Contracts
With regard to school systems, conservation projects had previously included facility alterations designed to reduce energy or water consumption or operation costs. But the new law expands the permitted projects to include equipment purchases used in new construction or building retrofit, addition, or renovation. It also adds training programs incidental to the contract.
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David R. Cook Jr., Autry, Hall & Cook, LLPMr. Cook may be contacted at
cook@ahclaw.com
Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!
May 10, 2017 —
Ben Reeves - Snell & Wilmer Real Estate Litigation BlogWhat law governs a deficiency action if the choice-of-law provisions in the note and deed of trust conflict? The Arizona Court of Appeals answered that very question in ZB, N.A. v. Hoeller, No. 1 CA-CV 16-0071 (Ct. App. April 15, 2017). It turns out, the note controls.
The Facts
In ZB, ZB, N.A. (ZB), a Utah bank, lent money to the Hoellers to purchase a commercial property in Missouri. The note included a choice-of-law provision stating that Utah law governed the debt. The deed of trust securing the commercial property, however, provided that Missouri law controlled “procedural matters related to the perfection and enforcement of [ZB’s] rights and remedies against the [p]roperty.” In 2012, the Hoellers defaulted, and the bank recovered the property through a trustee’s sale.
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Ben Reeves, Snell & WilmerMr. Reeves may be contacted at
breeves@swlaw.com
Suffolk Stands Down After Consecutive Serious Boston Site Injuries
May 23, 2022 —
Scott Van Voorhis - Engineering News-RecordAfter two serious safety incidents in consecutive days, the Boston-area’s largest contractor voluntarily issued a safety stand down on all projects in Boston through May 6.
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Scott Van Voorhis, Engineering News-Record
ENR may be contacted at enr@enr.com
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Hunton Insurance Partner Among Top 250 Women in Litigation
October 05, 2020 —
Hunton Insurance Recovery BlogBenchmark Litigation recently identified the Top 250 Women in Litigation. The list is based on an extensive research process, feedback from clients, and one-on-one interviews. Benchmark has identified the litigators who have participated “in some of the most impactful litigation matters in recent history” and have earned “hard-won respect of their peers and clients.”
Lorelie S. Masters was included in the list for the seventh time.
Reprinted courtesy of
Hunton Andrews Kurth LLP
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Chicago Cubs Agree to Make Wrigley Field ADA Improvements to Settle Feds' Lawsuit
December 03, 2024 —
James Leggate - Engineering News-RecordMajor League Baseball’s Chicago Cubs have entered into a settlement with the U.S. Dept. of Justice over renovations to Wrigley Field, federal and Cubs officials announced Oct. 31. As part of the settlement, the team agreed to update Wrigley Field with more accessibility options for people with disabilities.
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James Leggate, ENRMr. Leggate may be contacted at
leggatej@enr.com
Connecticut Civil Engineers Give the State's Infrastructure a "C" Grade
October 10, 2022 —
The American Society of Civil EngineersWATERBURY, CT. — The Connecticut Section of the American Society of Civil Engineers (ASCE) released the 2022 Report Card for Connecticut's Infrastructure today, with five categories of infrastructure receiving an overall grade of a 'C'. That means Connecticut's infrastructure is in mediocre condition, an improvement over the 'C-' grade issued in the 2018 report card. The bump is thanks in large part to improved condition of assets across several categories and additional funding allocated for roads, bridges and rail. Connecticut is also set to receive more than $5 billion from the federal bipartisan infrastructure bill, which was passed in late 2021. However, these improvements are threatened by Connecticut's aging infrastructure – one of the oldest infrastructure networks in the U.S. – and the recent suspension of the state's already-insufficient gas tax. Civil engineers graded bridges (C), drinking water (C), rail (B), roads (D+), and wastewater (C-).
"This Infrastructure Report Card shows that while Connecticut has made great progress, much more needs to be done to rebuild our state's roads and bridges and deliver essential services like clean drinking water," said U.S. Senator Richard Blumenthal. "President Biden's historic Bipartisan Infrastructure Law is expected to invest more than $5 billion in Connecticut's infrastructure and create thousands of good paying jobs for the workforce. These federal funds, along with critically increased job training resources, will help address the challenges outlined in the Report Card. I thank the Connecticut Society of Civil Engineers for their commitment to designing and building our infrastructure, as well as all of the workers who innovate and advance the systems and structures we rely on every day."
To view the report card and all five categories, visit https://infrastructurereportcard.org/state-item/connecticut/.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.
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Why A.I. Isn’t Going to Replace Lawyers Anytime Soon
April 18, 2023 —
Amir Kahana - Kahana FeldIn a recent article entitled, “A.I. Is Coming for Lawyers, Again” the New York Times explored the longstanding idea that the legal profession is most at risk of being disrupted by A.I. The article claimed that: “There are warnings that ChatGPT-style software, with its humanlike language fluency, could take over much of legal work.” And that: “Law is seen as the lucrative profession perhaps most at risk from the recent advance in A.I. because lawyers are essentially word merchants.”
The problem with these predictions is that they are based on a fundamental misunderstanding of what lawyers do, which is primarily to provide sound advice and formulate sophisticated strategy. All the wordsmithing in the world won’t make a bad case good, or vice versa. Lawyers do not have a Jedi mind trick. We analyze the facts, we make the best arguments possible under the circumstances, we advise our clients on their prospects, and we come up with a strategy for an optimal outcome, which almost always includes a path towards settlement. We are strategists and trusted advisors. Not wordsmithers.
This is not anything ChatGPT or current A.I. can do, or even come close to doing. And how do I know that? Because in a recent Wall Street Journal article, experts on self-driving cars explain that A.I. is nowhere close to being able to drive a car autonomously. In an article entitled “When Will Cars Be Fully Self-Driving?” the experts explain that the main impediment to fully autonomous vehicles is how dumb A.I. is. As one of the leading experts explains, fully autonomous cars “would require human-level artificial intelligence, and there is no commonly accepted theory on how to get there. As long as there is no human-level AI, autonomous mobility will be limited.”
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Amir Kahana, Kahana FeldMr. Kahana may be contacted at
akahana@kahanafeld.com
Once Again: Contract Terms Matter
May 11, 2020 —
Christopher G. Hill - Construction Law MusingsI know, you’ve heard this over and over again here at Construction Law Musings: courts in Virginia will interpret a contract strictly and in a manner that gives meaning to its unambiguous terms.
A recent case out of the Eastern District of Virginia federal court, White Oak Power Constructors v. Mitsubishi Hitachi Power Systems, reinforces this point. The basic facts of the case relevant to this discussion and the Court’s opinion are these. Old Dominion Electric Cooperative (ODEC) hired White Oak Power Constructors (White Oak) to build a natural gas power plant. The contract between ODEC and White Oak provided for liquidated damages for delay and also contained a risk of loss provision making ODEC responsible for certain losses or damages due to property damage at the plant. I highly recommend that you read the facts of the case in full to get the details of the terms of these clauses.
Needless to say (or this case wouldn’t be the subject of a construction law blog), the project ran past completion date and liquidated damages were assessed to the tune of more than $50,000,000.00. The delay was alleged to have been caused in substantial part by property damage due to weather, fire, and ice among other causes.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com