COLUMBUS OHIO BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Texas Public Procurements: What Changed on September 1, 2017? a/k/a: When is the Use of E-Verify Required?

October 11, 2017 — Timothy D. Matheny – Peckar & Abramson, P.C.
Every contractor that does business with the federal government is familiar with the requirement to use of E-Verify in order to document the employability of a contractor’s employees. But, when is a contractor required to use E-Verify in Texas? And, does this requirement to use E-Verify extend to the contractor’s subcontractors? All contractors and each of their subcontractors will be required to use E-Verify for a variety of goods and services contracts with state agencies. Failure to understand these requirements could lead to your company losing out on the award of the next Texas public procurement contract. Read the court decision
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Reprinted courtesy of Timothy D. Matheny, Peckar & Abramson, P.C.
Mr. Matheny may be contacted at tmatheny@pecklaw.com

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Domingo Tan Receives Prestigious Ollie Award: Excellence in Construction Defect Community

May 28, 2024 — Wood Smith Henning & Berman
(Anaheim, CA.) - Wood Smith Henning & Berman is thrilled to announce that Domingo Tan, a partner in the Los Angeles office, has been awarded the prestigious Jerrold S. Oliver Award of Excellence. Fondly known as the "Ollie", this esteemed accolade is presented annually to a standout professional in the construction defect community who has demonstrated exceptional contributions and unwavering dedication to the field. The exciting announcement of Tan's victory took place during the 30th Anniversary of the West Coast Casualty Construction Defect Seminar in Anaheim. Widely recognized as the nation's largest conference for professionals handling construction defect matters, the event drew a remarkable gathering of general counsel, risk managers, claim professionals, and attorneys who actively participated in the nomination and voting process. The Ollie award pays tribute to the late Judge Jerrold S. Oliver, a highly respected legal professional renowned for his groundbreaking work in alternate dispute resolution methods for construction defect disputes. It celebrates individuals who embody the values of loyalty, commitment, and trust within the industry. Read the court decision
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Reprinted courtesy of Wood Smith Henning & Berman

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Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)

October 16, 2018 — Christopher G. Hill - Construction Law Musings
In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts. In short, the Virginia Supreme Court stated that such overly broad provisions violate Section 11-4.1. A recent case out of the Eastern District of Virginia Federal District Court examined a provision in a contract between a designer/architect and a contractor or owner on a project. In Travelers Indem. Co. of Conn. v. Lessard Design Inc. the Court examined the application of Section 11-4.1 to the following provision of a design contract where Lessard, the indemnitor, agreed to:

[i]ndemnify, defend and hold the Owner, Owner’s Developer, and Owner’s and Owner’s Developer’s wholly owned affiliates and the agents, employees and officers of any of them harmless from and against any and all losses, liabilities, expenses, claims, fines and penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees and court costs relating to the services performed by the Architect hereunder . . .

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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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Real Estate & Construction News Round-Up (11/16/22) – Backlog Shifts, Green Battery Storage, and Russia-Ukraine Updates

December 05, 2022 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
This week’s round-up explores backlog shifts in the nonresidential construction sector, updates from the ongoing war between Russia and Ukraine, lithium-ion battery storage issues in New York City, and more.

• According to Associated Builders and Contractors, construction backlog fell back below the reading observed in February 2020, largely due to a decline in the commercial and institutional sector. (Sebastian Obando, Construction Dive)
• Amid celebration after retaking Kherson from retreating Russian troops, the Kremlin targeted critical infrastructure before withdrawing. (Michael Kern, Oil Price)
• Real estate value in the metaverse is rising, given that virtual land can be built upon to create unique branding experiences that lend to advertising, marketing, socializing, and entertainment. (Evan Bourke & Sarah Hedley Hymers, Euronews)

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

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Speeding up Infrastructure Projects with the Cloud

July 28, 2018 — Aarni Heiskanen - AEC Business
Infrakit, a cloud service developed by a Finnish startup company, is accelerating infrastructure projects both in Finland and, increasingly, abroad. Automatic transfer of information among parties involved in a project saves time, reduces paperwork, and facilitates the work of land surveyors. In addition to excavators, rock drills can now also be viewed on the map. The CEO and founder of DSC Finland, the supplier of Infrakit, is Teemu Kivimäki. He states that despite the name of the company changing over the years, its principles have stayed the same. Kivimäki describes the functions of the service: “The digital site plans are added to Infrakit, and they can then be viewed on a map and in a 3D view with a browser. When the working machines are also linked to the service, the user can see if the work has been executed according to plan.” Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Florida Legislative Change Extends Completed Operations Tail for Condominium Projects

December 10, 2024 — Holly A. Rice - Saxe Doernberger & Vita, P.C.
The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § 718.124 changes the trigger events for when the “clock” starts running and impacts how long the SOR runs. Notably, Florida Statute § 718.124 already governed the trigger event for the statute of limitations (“SOR”) for condominium projects. One important overarching takeaway for contractors to carefully assess is that the change in the “trigger” event may result in the SOR concluding at a later date than originally planned – affecting time on the risk and, critically, the availability of insurance. The standard approach of using a static 10-year completed operations tail on a condominium construction insurance program may now be insufficient in certain circumstances. Read the court decision
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Reprinted courtesy of Holly A. Rice, Saxe Doernberger & Vita, P.C.
Ms. Rice may be contacted at HRice@sdvlaw.com

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Despite Increased Presence in Construction, Women Lack Size-Appropriate PPE

September 26, 2022 — Robin Marth - Construction Executive
Fit. Functionality. Comfort. These are absolute musts for any employee wearing personal protective equipment (PPE) for work. Yet for many women in the workplace, finding PPE that fits well remains a challenge. In 2021, women comprised 11% of construction workers, 7.9% of truck drivers and 29% of manufacturing employees (Bureau of Labor Statistics), and their numbers in these fields continue to increase. Unfortunately, their options for proper-fitting PPE are not growing. "It's difficult to find PPE that fits women, because there is limited availability of these products, or suppliers do not offer them at all," says Brandy Bossle, owner and principal consultant at Triangle Safety Consulting LLC. "We really need suppliers to go out of their way to offer PPE that's cut for both men and women." Private fleet driver and Women in Trucking Image Team member Carol Nixon agrees, saying, "You can find men's hats, gloves, jackets and safety vests everywhere, but not with a female fit." Women can be shaped differently from head to toe—their faces, shoulders, waists, fingers and toes are often narrower, and they often have shorter torsos, among other differences. In order for PPE to fit many women comfortably and properly, these proportions need to be taken into account. In fact, OSHA states on its website that PPE used by women should be based on female body measurement data and that employers should offer PPE in sizes suitable for women. Reprinted courtesy of Robin Marth, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Reprinted courtesy of
Ms. Marth may be contacted at media@jjkeller.com

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State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act

June 13, 2018 — Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog
On June 1, the U.S. Court of Appeals for the Fifth Circuit decided the case of State of Texas v. U.S., et al. The Court of Appeals held that the petition for mandamus filed by the State of Texas essentially seeking to compel the Nuclear Regulatory Commission (NRC) to establish a schedule for the operation of the Yucca Mountain, NV nuclear waste depository was untimely filed. The depository is very controversial in Nevada, and as a consequence, none of the many deadlines established by Congress have been met. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

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