Pennsylvania Modular Home Builder Buys Maine Firm
December 11, 2013 —
CDJ STAFFExcel Homes, a modular home builder based in Liverpool, Pennsylvania, has bought Keiser Homes, a modular home builder based in Oxford Hills, Maine. Excel sought to increase their capacity, which acquisition of the Oxford Hills facility allows. Excel had previously shown an interest in the property of an Oxford Hills modular home builder that had closed, Oxford Homes, but a decrease in sales of modular homes lead Excel to reconsider the purchase.
Excel Homes plans on doubling the current output of the Oxford Hills facility and will be hiring additional employees. The purchase included all of Keiser’s machinery, trucks, trailers, equipment, and the customer list.
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The G2G Year in Review: 2019
February 03, 2020 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogAs we kick off the new decade, we wanted to share the top five most-read articles of 2019 from Gravel2Gavel. The most-read blog posts covered 2019 real estate and construction industry trends ranging from affordable housing to the new State Bill 35 (SB 35) to sustainability in modern real estate. Our posts provided deep insight and detailed case studies, and summarized hot topics that addressed the legal implications and exciting disruptions that are affecting the industry. We hope you enjoy the roundup:
- Assessing SB 35—Success or Failure? by Robert Howard, Alexander Walker and Matt Olhausen
Robert, Alex and Matt examined the newly implemented SB 35 and highlighted real examples of SB 35 in action.
- Update Your California Release Provisions to Include Amended Section 1542 Language by William S. Hale, P.E.
Bill Hale encouraged readers to update their California release provisions to include Amended Section 1542 Language, which ensures that the releasing party is consciously releasing both known and unknown claims that may be later discovered.
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Pillsbury's Construction & Real Estate Law Team
Where There's Smoke...California's New Emergency Wildfire Smoke Protection Regulation And What Employers Are Required To Do
August 26, 2019 —
Michael Studenka – Newmeyer DillionCalifornia employers need to pay heed to the recently announced California Division of Occupational Safety and Health Standards Board (Cal/OSHA) emergency regulation related to their duty to protect employees from the potential harm caused by wildfire smoke. As of July 29, 2019, employers are required to actively monitor their local Air Quality Index (AQI) and take steps to protect their employees from the harmful particulate matter contained within wildfire smoke.
Which Workplaces Are Impacted?
The regulation applies to all workplaces exposed to wildfire smoke with an AQI level of 151 or greater (ranging from "unhealthy" to "hazardous"). "Exposed" workplaces are those that are not in enclosed buildings, structures, or vehicles with mechanical ventilation and the ability to close all windows and doors. Outdoor occupations including construction, agriculture, landscaping, maintenance, commercial delivery, and others that expose the worker to the outside air for more than one hour will be the most impacted by this new regulation, although firefighters engaged in fighting wildfires are expressly exempt from the statute.
What If I Have A Potentially Exposed Workplace?
Employers with outdoor workplaces that are exposed to wildfire smoke are required to monitor the AQI before each shift, and "periodically throughout the day," all to ensure that the Air Quality Index for PM2.5 (particulate matter with an aerodynamic diameter of 2.5 micrometers or smaller) remains below 151. This can be done by visiting certain governmental websites, including U.S. Environmental Protection Agency's AirNow website (www.airnow.gov), which allow for regular email alerts to be issued to the employer. An employer with a potentially exposed workplace must also set up a communication system capable of communicating to all affected employees (in a language readily understood) the status of wildfire smoke hazards. The communication system must also provide the employees a process to inform the employer of worsening air quality and/or any adverse symptoms that they may be experiencing (e.g., asthma or chest pain).
Finally, employers are required to add to their Injury and Illness Protection Program (IIPP) the provision of effective training and instruction (i.e., approximately 15 minutes) regarding:
- the health effects of wildfire smoke;
- the right to obtain medical treatment without fear of reprisal;
- how employees can obtain the current AQI for PM2.5;
- the requirements of this regulation;
- the employer's communication system regarding wildfire smoke;
- the employer's methods for protecting employees from wildfire smoke;
- the importance, limitations, and benefits of using a respirator when exposed to wildfire smoke; and
- the proper use and maintenance of respirators.
The Required Provision of Respiratory Protective Equipment
Employers with exposed workplaces are required to provide effective NIOSH-approved respirators (e.g., N95 filtering facepiece respirators) when AQI for PM2.5 levels are 151-200 (unhealthy), 201-300 (very unhealthy), or 301-500 (hazardous). The N95 respirator typically costs less than a dollar per mask and can be easily purchased online. Employers are also required to clean, store, and maintain these respirators for times of need. Employees are free to decide whether to use a respirator when the AQI for PM2.5 level is between 151-500, although employers must be prepared to offer the equipment at an AQI level of 151 or higher. Use of the respirator by an employee exposed to an AQI for PM2.5 level that exceeds 500, however, is required by law.
What Should Potentially Exposed Employers Do Now?
Employers should immediately begin supplementing their IIPP platforms to include this regulation's prescribed training regarding wildfire smoke. Companies should also develop an adequate monitoring and communication plan regarding wildfire smoke hazards and effectively train their supervisors on the same. Finally, acquiring an adequate supply of N95 filtering respirators now will help ensure that employers are prepared for the next wildfire.
Michael Studenka is a partner in Newmeyer Dillion's Labor & Employment practice group. His practice focuses on the life cycle of Employment law. Mike advises and trains companies on proactive measures to keep them protected and in compliance, and leverages his significant trial experience when faced with litigation. You can reach out to him at michael.studenka@ndlf.com.
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Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.
January 31, 2018 —
Sean Minahan – Construction Contract AdvisorAccording to a quick Google search the term
“holding the bag” comes from the mid eighteenth century and means be left with the onus of what was originally another’s responsibility. Nobody wants to be left holding the bag. But that is the situation our client (subcontractor) found themselves in when upon completion of a public project the general contractor went out of business before paying the remaining amount due and owing to our client.
Under Nebraska law, liens are not allowed against public projects. Instead the subcontractor is to make a claim on the payment and performance bond secured by the general contractor at the start of the project. In our case, the general contractor never secured a bond on which to make a claim; consequently, leaving our client holding the bag.
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Sean Minaham, Lamson, Dugan and Murrary, LLPMr. Minahan may be contacted at
sminahan@ldmlaw.com
Signs of a Slowdown in Luxury Condos
January 28, 2015 —
Prashant Gopal, Oshrat Carmiel and John Gittelsohn – BloombergManhattan real estate agent Lisa Gustin listed a four-bedroom Tribeca loft for $7.45 million in October, expecting a quick sale. Instead, she cut the price by $550,000 in January. “I thought for sure a foreign buyer would come in,” says Gustin, a broker at Brown Harris Stevens who is still marketing the 3,800-square-foot apartment. “So many new condos are coming up right now. They’ve been building them for the past few years, and now they’re really hurting the resales.”
New high-priced condominiums and mansions are hitting the market in New York, Miami, and Los Angeles just as international buyers, who helped fuel luxury demand in the three cities, are seeing their purchasing power wane with the strengthening dollar. Signs of a pullback may already be showing in Manhattan, where luxury-home sales have slowed amid a boom in the construction of towers aimed at U.S. millionaires and foreign investors. Sales of homes costing more than $2 million in the New York area rose 10 percent last year, compared with a 27 percent jump in 2013, according to CoreLogic DataQuick.
Reprinted courtesy of Bloomberg reporters
Prashant Gopal,
Oshrat Carmiel and
John Gittelsohn
Mr. Gittlesohn may be contacted at johngitt@bloomberg.net; Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net; Mr. Gopal may be contacted at pgopal2@bloomberg.net
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Home Improvement in U.S. Slowing or Still Intact -- Which Is It?
May 20, 2015 —
Anna-Louise Jackson – BloombergTwo indexes that gauge U.S. home-remodeling activity suggest a slower pace ahead. Wall Street seems to disagree.
Future market conditions measured by the National Association of Home Builders’ Remodeling Market Index fell to 55.4 in the three months ended March 31 from a record-high of 59.5 in the fourth quarter, data from the group showed Thursday. Similarly, a leading indicator of remodeling work created by Harvard University projects annual growth in home-improvement spending will slow to 2.9 percent by year end from a projected 6.5 percent in the first quarter.
While these measures suggest sluggishness, investors don’t seem to mind. Following a “relatively weak year” for renovations in 2014, “people are warming up to housing again,” said Mike Wood, an analyst in New York at Macquarie Group Ltd.
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Anna-Louise Jackson, Bloomberg
Allegations that Carrier Failed to Adequately Investigate Survive Demurrer
July 30, 2014 —
Tred R. Eyerly – Insurance Law HawaiiThe California Court of Appeal reversed the trial court's dismissal of a complaint alleging bad faith for the insurer's failure to adequately investigate the claim. Maslo v. Ameriprise Auto & Home Ins., 2014 Cal. App. LEXIS 564 (Cal. Ct. App. June 27, 2014).
The insured was injured in an auto accident caused by an uninsured motorist. The insured sought policy limits of $250,000 from the insurer. In response, the insurer demanded arbitration. The arbitrator awarded $164,120.91.
The insured sued, alleging the breach of the covenant of good faith and fair dealing. The First Amended Complaint (FAC) alleged the insured was not at fault. The police report found that the uninsured motorist was the sole cause of the accident. The insured provided the police report and medical records to the insurer. When the insured demanded the $250,000 policy limits, the insurer did not respond.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Update Regarding New York’s New Registration Requirement for Contractors and Subcontractors Performing Public Works and Covered Private Projects
February 06, 2023 —
Christopher B. Kinzel, K. Greer Kuras, Aaron C. Schlesinger - Peckar & Abramson, P.C.Some significant changes are being made by chapter amendments (S.838 and A.984) to Section 220-i of New York’s Labor Law. Contractors and subcontractors bidding on public contracts and performing work on covered private projects will have two years (by December 30, 2024) to register with the Department of Labor, Bureau of Public Works, rather than one year. The amendments also remove the requirement that a contractor submit registration certificates for all its subcontractors at the time its bid is submitted; amend language with respect to notice and hearing requirements; require re-registration to occur not less than 90 days before expiration; and add language to require a monitor to oversee ongoing work if a contractor or subcontractor is found unfit.
The stated purpose of the law is to help enforce New York’s prevailing wage and other worker protection laws. The DOL will create an online system through which contractors and subcontractors will have to answer questions and submit documents about:
- the business entity and its owners and officers
- unemployment and workers’ compensation insurance
- any outstanding wage assessments
- debarment under New York or federal law, or any other state’s laws
- final determinations of a violation of any labor laws, employment tax laws, or workplace safety standards (including OSHA)
- association or signatory to an apprenticeship program
Reprinted courtesy of
Christopher B. Kinzel, Peckar & Abramson, P.C.,
K. Greer Kuras, Peckar & Abramson, P.C. and
Aaron C. Schlesinger, Peckar & Abramson, P.C.
Mr. Kinzel may be contacted at ckinzel@pecklaw.com
Ms. Kuras may be contacted at gkuras@pecklaw.com
Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com
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