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Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates, Trouble for the Real Estate Market and Real Estate as a Long-Term Investment

July 31, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, the evolution of stadium construction, an increase in legal and legislative action affecting the multifamily sector, and growing concerns for owners of office space.

The work-from-home trend will likely push up the commercial property vacancy rate in 2026 to a peak average of 24%, or 4 percentage points higher than the first quarter of this year. (Jim Tyson, CFO Dive)
In recent years, stadium construction has evolved to focus more on cultivating the game day experience with some multibillion-dollar projects breaking ground, as existing venues get renovations. (Zachary Phillips, Construction Dive)
A number of prominent issues affecting the multifamily industry, including rent control, fees and antitrust concerns, have been subject to increasing levels of legal and legislative action over the past year. (Mary Salmonsen, Multifamily Dive)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

UCP Buys Citizen Homes

March 31, 2014 — Beverley BevenFlorez-CDJ STAFF
UCP, a home builder and land developer based in San Jose, California, has purchased “Charlotte-based Southeast regional home building venture Citizens Homes, whose chairman is well-known home building industry veteran Tony Mon, and whose president and chief operating officer is third-generation home builder Scott Thorson,” according to Big Builder. According to a UCP press statement, as quoted by Big Builder, “[t]he purchase price, estimated to be approximately $15 million, is based on the total assets of Citizens at the closing of the acquisition, less cash and cash equivalents, and less certain assumed trade payables. In addition, Citizens is eligible to receive earnout payments from UCP of up to $6 million in the aggregate based on performance over the next five years.” The acquisition is expected to close during the second quarter of 2014. Read the court decision
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Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673

March 22, 2017 — John P. Ahlers - Ahlers & Cressman PLLC
On October 25, 2016, the Federal Acquisition Regulatory Council (FAR Council) and the U.S. Department of Labor implemented former President Obama’s Executive Order 13673: “Fair Pay and Safe Workplaces” rules. The rules became effective on October 25, 2016 and fundamentally altered the way federal contractors and subcontractors will need to handle and resolve employment and labor claims, as well as compliance issues involving their entire workforce. The final rules can also result in otherwise-capable companies being “blacklisted” and effectively barred from federal contracts and subcontracts based on labor and employment law violations related or unrelated to prior or current federal contract performance. The centerpiece of the new regulatory scheme was the new disclosure and responsibility requirements. Contractors and subcontractors needed to disclose all “labor law decisions” that they had during the three years (prior to bid submission) as part of the process of applying for a new federal contract or subcontract. If a contractor or subcontractor has too many “labor law decisions” to report or the few it has are too severe, pervasive, repeated, or willful in the eyes of the government “experts,” the company could be deemed “non-responsible” and denied a contract. 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

South Carolina Legislature Redefining Occurrences to Include Construction Defects in CGL Policies

April 01, 2011 — Beverley BevenFlorez CDJ STAFF

The question of what circumstances must be in place for construction defects to be covered in a general commercial liability (CGL) policies is being raised by the courts and the legislature in South Carolina. The Insurance Journal reports that the American Insurance Association as well as the Property and Casualty Insurers Association of America are speaking out on the issue.

The problem seems to be centered on what defines an “occurrence.” CGL policies were not meant to cover faulty workmanship, according to the filing by the South Carolina Supreme Court. In January of this year, the South Carolina Supreme Court reversed the ruling in Crossmann Communities v Harleysville Mutual declaring that “Respondents cannot show the damage here was the result of an occurrence. Rather, the damage was a direct result and the natural and expected consequence of faulty workmanship; faulty workmanship did not cause an occurrence resulting in damage.” They focused their attention on the word “accident,” stating that there is a fortuity element that is not diminished.

The South Carolina legislature reacted by producing a bill that would add new language directly negating the ruling by the Supreme Court. The South Carolina bill S-431 would change the definition of an occurrence in regards to construction defects as follows: “For a liability insurance policy issued to a construction professional, an ‘occurrence’ means, at a minimum: (1) an accident; or (2) continuous or repeated exposure to substantially the same general harmful condition or substance. No additional requirement of a fortuitous event is needed to constitute an ‘occurrence.’”

S-431 is currently residing in the House Committee on Labor, Commerce and Industry.

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Chutes and Ladders...and Contracts.

November 25, 2024 — Daniel Lund III - Lexology
A contractor which designed and constructed a hydroelectric plant in Guatemala sued under the Federal Arbitration Act in federal court in Florida to overturn a project-related arbitration decision, “on the basis that the Tribunal had exceeded its powers.” That petition was denied based upon Eleventh Circuit precedent which foreclosed that challenge under the FAA for an arbitration conducted “under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,” a.k.a., the “New York Convention.” The U. S. 11th Circuit initially affirmed the lower court decision, but then upon an en banc rehearing reversed: holding that in a New York Convention case where the arbitration seat is in the U. S., or where United States law governs the arbitration conduct, “Chapter 1 of the FAA provides the grounds for vacatur of the arbitral award. … § 208 of the FAA provides that ‘Chapter 1 applies to actions and proceedings brought under [Chapter 2] to the extent that chapter is not in conflict with [Chapter 2] or the [New York] Convention as ratified by the United States.’ …Chapter 1 of the FAA… thus acts as a gapfiller and provides the vacatur grounds for an international arbitration award otherwise governed by Chapter 2.” Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

Safeguarding History: Fire Risks in Renovating Historic Buildings

January 28, 2025 — Birgitte Messerschmidt - Construction Executive
The renovation of historic and unique buildings is both a labor of love and a huge responsibility. Rich in stories and architectural beauty, these structures link communities to their past. However, giving new life to these iconic buildings through renovation projects can place them in jeopardy, as fire-related risks remain a significant challenge. This is evidenced by the number of devasting fire tragedies that have happened during work on these structures, including at the Glasgow School of Art in 2014 and 2018 and the Notre-Dame Cathedral in 2019, showcasing how vulnerable these buildings are amid the status quo of renovation protocols. Preventing these types of fire-related incidents during future historic building renovations, maintaining compliance with codes and standards such as NFPA 241, Standard for Safeguarding Construction, Alteration, and Demolition Operations, and NFPA 914, Code for the Protection of Historic Structures, must be a top priority for all workers on site. These resources provide workers with the proper tools and guidelines to address the intricate challenges that come with these operations. Reprinted courtesy of Birgitte Messerschmidt, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Cuomo Proposes $1.7 Billion Property-Tax Break for New York

January 14, 2015 — Freeman Klopott – Bloomberg
Governor Andrew Cuomo wants to give middle-class New Yorkers a $1.7 billion break on property taxes. The plan announced at Hofstra University on Long Island today would provide credits to more than 1 million homeowners and another 1 million renters. The plan, which will be included in Cuomo’s proposed budget next week, builds on his effort to control what he says are the nation’s highest property levies. Read the court decision
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Reprinted courtesy of Freeman Klopott, Bloomberg
Mr. Klopott may be contacted at fklopott@bloomberg.net

New OSHA Rule Creates Electronic Reporting Requirement

June 22, 2016 — John K. Baker & Kevin Conrad – White and Williams LLP
The United States Occupational Safety and Health Administration (OSHA) issued a Final Rule revising portions of its Recording and Reporting Occupational Injuries and Illnesses regulations (Recording and Reporting Regulations). The revisions take effect August 10, 2016. Employers subject to the new requirements have until July 1, 2017 to submit electronically the required information for calendar year 2016. OSHA will make electronically-submitted workplace-safety data for each reporting employer available publicly in an online database. Reprinted courtesy of John K. Baker, White and Williams LLP and Kevin Conrad, White and Williams LLP Mr. Baker may be contacted at bakerj@whiteandwilliams.com Mr. Conrad may be contacted at conradk@whiteandwilliams.com Read the court decision
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