Quick Note: Aim to Avoid a Stay to your Miller Act Payment Bond Claim
February 23, 2017 —
David Adelstein – Florida Construction Legal UpdatesStrategy is important. This is especially true if you are trying to avoid arbitration. In a recent federal district court case, a subcontractor sued the prime contractor and the Miller Act payment bond surety. The subcontractor, however, had an arbitration provision in its subcontract with the prime contractor. The prime contractor moved to compel arbitration pursuant to the subcontract and moved to stay the subcontractor’s Miller Act payment bond claim. The last thing, and I mean the last thing, the subcontractor wanted to do was to stay its claim against the Miller Act payment bond. However, the district court compelled the subcontractor’s claim against the prime contractor to arbitration and stayed the subcontractor’s Miller Act payment bond claim pending the outcome of the arbitration. See U.S. v. International Fidelity Ins. Co., 2017 WL 495614 (S.D.Al. 2017). This is not what the subcontractor wanted.
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David Adelstein, Florida Construction Legal UpdatesMr. Adelstein may be contacted at
dadelstein@gmail.com
Quick Note: October 1, 2023 Changes to Florida’s Construction Statutes
November 13, 2023 —
David Adelstein - Florida Construction Legal UpdatesEffective October 1, 2023, there were changes to Florida’s statutory scheme dealing with construction projects. This includes Florida’s Lien Law. A copy of these changes can be found below which identify additions in blue and deletions with strikethroughs. No different than before, if you have questions or concerns as to your statutory rights on a construction project, do the prudent thing, consult a construction lawyer. A construction lawyer can help you understand changes to the applicable statutory scheme or how the statutory scheme pertains to your rights. This is important because you want to make sure you understand statutory changes that apply to your work and rights.
A noteworthy change, bolded in blue below, is that there is now a basis to lien for a contractor performing construction management services “which include scheduling and coordinating construction and preconstruction phases for the construction project, or who provides program management services”:
Fla. Stat. s. 713.01 (8) “Contractor” means a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it, or who takes over from a contractor as so defined the entire remaining work under such contract. The term “contractor” includes an architect, landscape architect, or engineer who improves real property pursuant to a design- build contract authorized by s. 489.103(16). The term also includes a licensed general contractor or building contractor, as those terms are defined in s. 489.105(3)(a) and (b), respectively, who provides construction management services, which include scheduling and coordinating preconstruction and construction phases for the construction project, or who provides program management services, which include schedule control, cost control, and coordinating the provision or procurement of planning, design, and construction for the construction project.
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
When a Request for Equitable Adjustment Should Be Treated as a Claim Under the Contract Disputes Act
August 29, 2022 —
David Adelstein - Florida Construction Legal UpdatesIn federal contracting, contractors are sometimes torn about submitting a request for equitable adjustment (known as an “REA” under 48 C.F.R. 252.243-7002) or submitting a formal claim under the Contract Disputes Act (41 U.S.C. s. 7103), the latter requiring a final decision by the contracting officer and starts the clock with respect to interest and preserving rights. It is also sometimes not easy for the contracting officer receiving an REA to determine whether the REA is actually a claim under the Contract Disputes Act requiring more immediate action. This recent take by the United States Court of Appeals for the Federal Circuit hits the nail on the head:
We recognize that contracting officers will sometimes face the difficult challenge of determining whether a request for equitable adjustment is also a claim. Contractors must choose between submitting a claim—which starts the interest clock but requires the contracting officer to issue a final decision within 60 days—and submitting a mere request for equitable adjustment—which does not start the interest clock but gives the contractor more time to negotiate a settlement and possibly avoid hefty legal fees. The overlap between these two types of documents might create room for gamesmanship. For example, a contractor could submit a document that is a claim—starting the interest clock—but appears to be a mere request for equitable adjustment—causing the contracting officer to not issue a final decision within the 60-day deadline and allowing interest to accrue for months or years. But the government has tools to address this challenge: The contracting officer can communicate to the contractor that she is going to treat the document as a claim and issue a final decision within 60 days. Or the government can explicitly require the contractor to propose settlement terms and attempt to settle disputes before submitting a claim to the contracting officer for a final decision.
Zafer Construction Company v. U.S., 2022 WL 2793596, *5 (Fed.Cir. 2022).
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
The BUILDCHAIN Project Enhances Data Exchange and Transparency in the EU Construction Industry
January 23, 2023 —
Aarni Heiskanen - AEC BusinessTrace Labs, a WEB 3 developer, joins the EU’s efforts to create a smarter and more sustainable built environment with the
BUILDCHAIN project. With its 11 EU partners, Trace Labs aims to improve efficiency, reduce errors, and increase transparency and trust in construction.
Efficient, transparent, and trusted data exchange is a powerful tool for driving sustainability, resilience, and energy efficiency in construction. However, there are several obstacles to trusted data exchange in the industry today:
- Data silos: Construction projects involve multiple parties and stakeholders, each of which may have its systems for storing and sharing information. This can lead to data silos and a lack of coordination, making it difficult to access and trust the data.
- Lack of standardization: Construction projects may use different formats for storing and sharing data, leading to difficulties in comparing and combining information from various projects.
- Data security: Construction projects often involve sensitive information, such as building plans, materials lists, and inspection results. Ensuring this information is secure and protected from unauthorized access can be a significant challenge.
- Lack of incentives: There are often few incentives for construction companies and other stakeholders to share data and collaborate on projects, making establishing trust and transparency challenging.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
AI-Powered Construction Optioneering Today
April 08, 2024 —
Aarni Heiskanen - AEC BusinessIn this episode of the AEC Business Podcast, Aarni Heiskanen interviews René Morkos, the founder and CEO of ALICE Technologies. They discuss construction tech, AI, and ALICE Core, the company’s latest product launch.
How the Construction Technology Landscape has Changed
The construction tech industry has evolved significantly since 2015, as discussed with René.
In 2015, there was a lack of understanding and reluctance toward construction tech, with some investors even hesitant to invest in the sector. However, by 2017-2018, there was a noticeable shift as construction tech became a sought-after investment opportunity.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
The Great Skyscraper Comeback Skips North America
February 05, 2015 —
Patrick Clark – BloombergTall buildings are back. Developers around the globe completed a record 97 buildings of at least 200 meters (656 feet) in height in 2014, according to a new report from the Council on Tall Buildings and Urban Habitat, as size-obsessed builders got back on a growth track after a two-year skyscraper dip.
It’s not hard to explain the pattern. A typical skyscraper takes two to four years to finish, says report co-author Daniel Safarik. Work back from the year of completion, and the global financial crisis looks like an easy explanation for the drop-off in tall buildings. If you thought it was hard to get a home loan in 2009, imagine asking bankers to finance a gravity-and-wind-defying symbol of luxury, industry, and capitalist will. Especially, as Bloomberg Businessweek’s Bryant Urstadt pointed out, since supertall buildings are notorious for being hard to fill with tenants. (It’s worth noting that “tall” isn’t a technical term, though “supertall,” which is used to describe buildings more than 300 meters tall, is. And construction schedules vary. The Ryugyong Hotel in Pyongyang, North Korea, planned for 330 meters, has been under construction for 28 years, according to a CTBUH report last year.)
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Patrick Clark, Bloomberg
Norfolk Southern Accused of Trying to Destroy Evidence of Ohio Wreck
February 27, 2023 —
Jef Feeley - BloombergNorfolk Southern Corp.’s plan to remove wrecked rail cars from a derailment that resulted in potentially poisonous gas being released over an Ohio town will destroy evidence of the company’s liability, lawyers for residents say.
Lawyers in proposed class-action lawsuits over the Feb. 3 accident on Friday asked a federal judge to block the company from clearing the wreckage in East Palestine, Ohio. According to the lawyers, Norfolk Southern informed them last week that it planned to move the 11 rail cars by March 1 and would make them available for inspection for only two days.
Adam Gomez, a lawyer for East Palestine residents, said in a court filing that it was “common sense” to keep the wreckage where it is for now. “These communities have questions and we need the evidence to answer them,” he said.
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Jef Feeley, Bloomberg
Millennium’s Englander Buys $71.3 Million Manhattan Co-Op
September 03, 2014 —
Oshrat Carmiel – BloombergIsrael Englander, the founder and chief executive officer of hedge-fund firm Millennium Management LLC, bought a duplex apartment on New York’s Park Avenue for $71.3 million, a record price for a Manhattan co-op.
The seller was the government of France, New York City property records filed on Aug. 30 show. The six-bedroom unit at 740 Park Ave. was listed for $48 million in April, according to real estate website StreetEasy.com.
The Park Avenue tower, completed in 1931 and designed by Rosario Candela and Arthur Loomis Harmon, has been home to John D. Rockefeller Jr. and Jacqueline Kennedy Onassis, according to StreetEasy. Its 31 units include duplexes and triplexes of as much as 20,000 square feet (1,900 square meters). The 18-room co-op bought by Englander includes a private elevator, 35-foot (10.6-meter) marble gallery and five fireplaces, said the listing by John Burger of Brown Harris Stevens.
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Oshrat Carmiel, BloombergMs. Carmiel may be contacted at
ocarmiel1@bloomberg.net
