Sales of New U.S. Homes Rose More Than Forecast to End 2014
January 28, 2015 —
Bloomberg News(Bloomberg) -- Purchases of new homes in the U.S. jumped in December to the highest level in more than six years, a sign the industry is poised to keep expanding in 2015.
Sales increased 11.6 percent to a 481,000 annualized pace, exceeding all estimates in a Bloomberg survey of economists and the most since June 2008, figures from the Commerce Department showed Tuesday in Washington. Demand increased in three of four regions.
Gains in employment, borrowing costs close to historically low levels and easing credit may prompt more prospective buyers to enter the housing market. The improving outlook is driving up confidence among builders, and companies such as D.R. Horton Inc. and Lennar Corp. project the recovery will be sustained.
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Bloomberg News
Woman Files Suit for Property Damages
January 15, 2014 —
Melissa Zaya-CDJ STAFFDebra Lovejoy filed suit on December 5th 2013 in Virginias Kanawha Circuit Court claiming that her home sustained damaged after a highway was built near her property, according to The West Virginia Record. The West Virginia Water Company, Carpenter Reclamation Inc., and the West Virginia Department of Transportation-Division of Highways were named in the suit.
“Lovejoy claims Carpenter disturbed the contours of the surface, thereby weakening the support for the bank extending along the highway,” reports Kyla Asbury of The West Virginia Record. Asbury continues: “As a result, the bank has slipped significantly over time, according to the suit.” Lovejoy claims the bank needs to be repaired in order to prevent it from further slips, and is pursuing compensation.
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Man Pleads Guilty in Construction Kickback Scheme
November 06, 2013 —
CDJ STAFFMark M. Palombaro, a former vice president at Simon Property Group, a development firm, has plead guilty to receiving $766,000 from the head of a construction firm in payback for the projects. Robert E. Crawford at Fox Chapel then overbilled for these projects, which were located in Seattle, Washington and Laguna Beach, California, in order that he and Mr. Palombaro would profit.
The total value of the projects, overbilling included, was $15 million. The two men settled a civil suit brought by Simon Property Group by paying $3.3 million. Mr. Crawford plead guilty in June. He admitted to bribing Mr. Palombaro.
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Encinitas Office Obtains Complete Defense Verdict Including Attorney Fees and Costs After Ten Day Construction Arbitration
May 23, 2022 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPPartner Vik Nagpal and Associate Attorney Tim McNulty of the Encinitas office recently obtained a substantial victory on behalf of BWB&O’s client after a 10-day binding construction arbitration before a three-arbitrator panel of the American Arbitration Association.
BWB&O’s client was sued by the Owner of a commercial office building related to a multimillion-dollar tenant improvement project in San Diego. The Owner asserted construction defect damages, delay damages, architectural negligence, fraudulent billing practices and consequential damages of $3.6 million dollars. BWB&O’s client claimed breach of contract damages against the owner for failure to pay invoices.
The Owner who had substantial financial resources and a personal spite against the general contractor, unreasonably pursued the case with an extensive team of lawyers and experts. At an earlier full-day mediation, the owner rejected a reasonable settlement offer which included a settlement payment to the Owner and the client’s agreement to dismiss their affirmative claim for damages.
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Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
Extreme Flooding Overwhelms New York Roadways, Killing 1 Person
July 24, 2023 —
Associated Press - BloombergNEW YORK (AP) — Heavy rain spawned extreme flooding in New York’s Hudson Valley that killed at least one person, swamped roadways and forced road closures on Sunday night, as much of the rest of the Northeast U.S. braced Monday for potentially punishing rains.
As the storm moved east, the National Weather Service extended flash flood warnings into Connecticut, including the cities of Stamford and Greenwich, before creeping into Massachusetts. Forecasters said some areas could get as much as 5 inches (12 centimeters) of rain.
In New York's Hudson Valley, rescue teams found the body of a woman in her 30s who drowned after being swept away while trying to evacuate her home, Orange County Executive Steven Neuhaus told WABC-TV. Officials were waiting for the medical examiner's office to arrive, he said.
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Bloomberg
Design Immunity Defense Gets Special Treatment on Summary Judgment
March 29, 2021 —
Garret Murai - California Construction Law BlogThis may be one that is more for the lawyers than it is for the contractors or owners.
If you’ve ever filed a motion for summary judgment or summary adjudication you know the standard is clear. You’re going to lose if the court finds a disputed issue of material fact. In other words, since summary judgment or summary adjudication is such an extreme remedy – you win without having to go to trial after all – the standard is pretty high. Thus, if there’s a dispute as to a material fact (was the light green or was it red?) it’s enough that the court will deny your motion.
That is, unless you’re seeking summary judgment or adjudication on a design immunity defense as the next case, Menges v. Department of Transportation, Case No. G057643 (December 24, 2020), reveals.
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Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Extreme Heat, Smoke Should Get US Disaster Label, Groups Say
July 15, 2024 —
Jennifer A Dlouhy - BloombergActivists are petitioning the US government to formally classify extreme heat and wildfire smoke as major disasters, as soaring temperatures threaten to set records across much of the country.
In a petition filed with the Federal Emergency Management Agency, they seek to unlock new funding to help communities address such events before they strike, with money for air filters that strip out smoke and rooftop solar systems that can supply electricity when demand overwhelms power grids.
Climate change has made fatal heat waves more intense and frequent, while hotter, drier conditions stoke the risk of fires that can blanket the US in toxic smoke. An estimated 2,300 people in the US died from heat-related illness in 2023, the hottest year on record. And heavy smoke from wildfires in Canada last year traveled as far south as Georgia, prompting people to shelter inside and canceling flights in some of the largest US cities.
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Jennifer A Dlouhy, Bloomberg
Virginia Civil Engineers Give the State's Infrastructure a "C" Grade
December 13, 2022 —
American Society of Civil Engineers (ASCE)VIRGINIA BEACH, Va. — The Virginia Section of the American Society of Civil Engineers (ASCE) released the 2022 Report Card for Virginia's Infrastructure today, with 11 categories of infrastructure receiving an overall grade of a 'C'. That means Virginia's infrastructure is in mediocre condition and requires attention. Virginia is a step ahead of the national average of 'C-' given in the 2021 Report Card for America's Infrastructure. Nine of the 11 categories ranked higher than the national grades, as only rail ('C-' compared to the national 'B' grade) and wastewater (tied with the national grade of 'D+') ranked the same or lower, a testament to the state's prioritization of its built environment. Virginia has implemented ambitious plans to improve each of its infrastructure systems and additional resources from the state level and the bipartisan infrastructure law will help these efforts. Civil engineers graded bridges (B), dams (C+), drinking water (C+), public parks (C), rail (C-), roads (C-), schools (C-), solid waste (B-), stormwater (C-), transit (C-), and wastewater (D+).
Virginia's transportation sector has performed better than the national average. Roughly 3% of the state's bridges are in poor condition – less than half the national average of 7.5% -- and the percentage of roads in 'good' condition rose from 48% in 2018 to 51% in 2022. Virginia is also a regional leader in transit services with connection to the Washington, D.C. Metro system and with 41 transit systems across the state, some of which have already surpassed pre-pandemic ridership levels. However, wastewater systems, despite making progress by reducing sewage overflows, face more than $6 billion in needs over 20 years and will need significantly more resources to improve systems and protect water quality for communities and the natural environment.
The Report Card was created as a public service to citizens and policymakers to inform them of the infrastructure needs in their state. Civil engineers used their expertise and school report card-style letter grades to condense complicated data into an easy-to-understand analysis of Virginia's infrastructure network. ASCE State and Regional Infrastructure Report Cards are modeled after the national Infrastructure Report Card, which gave America's infrastructure an overall grade of 'C-' in 2021.
To view the report card and all five categories, visit https://infrastructurereportcard.org/state-item/Virginia/.
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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