Sales of New U.S. Homes Surged in August to Six-Year High
September 24, 2014 —
Jeanna Smialek – BloombergNew-home sales in the U.S. surged in August to the highest level in more than six years, a sign that the housing recovery is making progress.
Purchases of new houses jumped 18 percent to a 504,000 annualized pace, the strongest since May 2008 and surpassing the highest forecast in a Bloomberg survey of economists, Commerce Department figures showed today in Washington. The one-month increase was the biggest since January 1992.
The housing market is improving in fits and starts this year amid slow wage growth and tight credit conditions. Sustained improvement in the job market will be needed to push up pay and sustain a stronger recovery.
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Jeanna Smialek, BloombergMs. Smialek may be contacted at
jsmialek1@bloomberg.net
SAFETY Act Part II: Levels of Protection
June 21, 2024 —
Lorelie S. Masters, Kevin W. Jones & Charlotte Leszinske - Hunton Insurance Recovery BlogPart I of this series,
SAFETY Act is Powerful Protection Against Emerging Liabilities, addressed the benefits of obtaining SAFETY Act coverage, including:
- From a reputational perspective, SAFETY Act protection provides benefits even absent a security incident: it demonstrates that a knowledgeable federal agency has examined the relevant technology and determined that it is both safe and effective.
- SAFETY Act protection can benefit companies taking steps to enhance the security of their physical premises and operations, or their cybersecurity defenses, to reduce their potential liability and enhance their reputation.
- Other benefits include—depending on the level of protection—powerful liability protections including exclusive federal jurisdiction and choice of law for the venue where the incident occurred, caps on liability, prohibitions on punitive damages, and government contractor immunity.
This post will explain the levels of protection that a company can seek under the SAFETY Act.
Reprinted courtesy of
Lorelie S. Masters, Hunton Andrews Kurth,
Kevin W. Jones, Hunton Andrews Kurth and
Charlotte Leszinske, Hunton Andrews Kurth
Ms. Masters may be contacted at lmasters@HuntonAK.com
Mr. Jones may be contacted at kjones@HuntonAK.com
Ms. Leszinske may be contacted at cleszinske@HuntonAK.com
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Subcontractors Have a Duty to Clarify Ambiguities in Bid Documents
August 19, 2015 —
Craig Martin – Construction Contractor AdvisorSeveral months ago, I wrote about an escalator subcontractor that sued a general contractor, demanding payment for work completed based on approved shop drawings. The trial court agreed with the subcontractor, but the general contractor appealed. Ten months later, the Court of Appeals reversed, finding that the subcontractor had a duty to bring to the general contractor’s attention major discrepancies or errors they detect in the bid documents.
“The subcontractor failed to disclose ambiguities in the plans and must suffer the peril.”
Construction Difficulties
The subcontractor installed 32 inch escalators throughout the project, but the plans called for 40 inch escalators. The general contractor and subcontractor could not reach agreement on how the dispute should be resolved. The subcontractor sued the general to get paid for replacing the escalators and the general sued to subcontractor for concessions it had to pay to the owner.
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Craig Martin, Lamson, Dugan and Murray, LLPMr. Martin may be contacted at
cmartin@ldmlaw.com
How Do You Get to the Five Year Mark? Some Practical Advice
August 26, 2015 —
Christopher G. Hill – Construction Law MusingsFor this week’s Guest Post Friday here at Construction Law Musings, we would like to welcome back (again) Sean Lintow Sr. of
SLS Construction & Building Solutions . Sean has over 20 years working directly in the trenches in the construction arena. Since moving to Illinois, the focus of his business has shifted to helping builders, trade professionals& even code officials not only understand and meet the latest energy codes but how to improve their methods to accomplish it better and more affordably.
Currently he is RESNET Rater, AEE CEA (Certified Energy Auditor), ENERGY STAR partner & verifier, EPA Indoor airPLUS verifier, Level 2 Infrared Thermographer, Volunteer Energy Rater for Habitat for Humanity, and Builders Challenge Partner & Verifier. You may also want to check out his great resources on
The HTRC (Homeowners & Trades Resource Center).
I would like to thank Chris for inviting me back for my 6th musing on this great site. I would also like to give him a Belated Happy Birthday for reaching 5 years since going solo. Reaching five years is a big milestone for many businesses as most new ventures (I think it is 85% or maybe even 90%) fail during that time. Therefore, a big congrats to you Chris & here is to another five plus years.
For the most part the blame game for failure comes down to; wrong product offerings (market to saturated, not interested in, etc…), their ability to market, or poor business skills (not charging enough, realizing what they are spending, etc…) as the main point of failures. There is another group though that never seems to get much press and that is the ones that seemingly are blindsided by the dreaded “ignorance of the law” is no excuse… Not only does this effect many large companies but also many solo operations which is where I do want to focus today, especially on 4 “lesser” known issues.
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Christopher G. Hill, Law Office of Christopher G. Hill, PCMr. Hill may be contacted at
chrisghill@constructionlawva.com
How the California and Maui Wildfires Will Affect Future Construction Projects
October 30, 2023 —
Susan Doering - Construction ExecutiveJust like any kind of fire, wildfires are caused by the presence of fuel and a spark. In the case of the
2017 fires in the wine country of California, along with the state's 2018
Camp Fire, the fuel was dry leaf litter, branches and downed trees. And the spark, in some cases, resulted from electric utility lines and, in other cases, due to contractor’s work.
More recently, this summer's Maui fires have taken hundreds of lives—deceased and missing—and burned more than 2,500 acres. Lahaina’s historic sites cannot be replaced, and estimates of the rebuild costs are near $5 billion. In Hawaii, the fuel was the same as in California: dried forest debris. It is alleged that the spark was from a powerline downed by extreme winds from Hurricane Dora. While sparks were present, it is the increased volume of fuel that has been the true source of the disastrous recent wildfires.
The increased presence of fuel is the result of recent changes in forestry-management practices, coupled with accelerated climatic shifts in recent years toward hotter, drier weather from 2011 to 2020 in California and 2022 to 2023 in Maui, increasing both frequency and severity.
Reprinted courtesy of
Susan Doering, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Lawsuits over Roof Dropped
December 04, 2013 —
CDJ STAFFAn Iowa roofing contractor has dropped its lawsuit over a contract to re-roof a condominium complex. The condominium association has dropped its counterclaim against the roofer. Hansel Construction alleged that the Harbourage Owners Association failed to fulfill the contract’s provisions, which prevented Hansel Construction from fulfilling its contract. Further, Hansel alleged that it had expenses, losses, and damages, as a result of Harbourage’s actions.
In response, Harbourage sued James Hansel. Now, both lawsuits have been dismissed by the parties.
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San Diego Appellate Team Prevails in Premises Liability Appeal
December 06, 2021 —
Corinne Bertsche, Jeffry Miller & Tracy Forbath - Lewis BrisboisSan Diego, Calif. (October 28, 2021) - San Diego Appellate Practice Partners Jeffry A. Miller and Corinne C. Bertsche, along with Associate Tracy D. Forbath, recently obtained a win on appeal when California's Court of Appeal for the Second Appellate District, Division Four affirmed the trial court’s grant of a client homeowners association’s motion for summary judgment. In the underlying matter, the plaintiff alleged claims for premises liability and negligence for injuries he sustained when tripping over an uplift of two misaligned adjacent slabs of concrete sidewalk, measuring 1.25 inches and located next to a condominium complex.
The appellate court agreed that the defect in question was a trivial defect as a matter of law, despite the plaintiff’s arguments that there was a triable issue of material fact as to whether the uplift’s dangerousness was exacerbated by the presence of aggravating factors. The appellate court found that the plaintiff’s expert declaration did not support the alleged aggravating factors with admissible evidence, and that the trial court did not abuse its discretion in excluding it.
Reprinted courtesy of
Corinne Bertsche, Lewis Brisbois,
Jeffry Miller, Lewis Brisbois and
Tracy Forbath, Lewis Brisbois
Ms. Bertsche may be contacted at Corinne.Bertsche@lewisbrisbois.com
Mr. Miller may be contacted at Jeff.Miller@lewisbrisbois.com
Ms. Forbath may be contacted at Tracy.Forbath@lewisbrisbois.com
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Just How Climate-Friendly Are Timber Buildings? It’s Complicated
February 12, 2024 —
Eric Roston - BloombergThis article is part of the Bloomberg Green series Timber Town, which looks at the global rise of timber as a low-carbon building material.
The number of people living in urban areas around the world
will swell by upwards of 2 billion over the next three decades. Many of those people will need new homes. But building those with conventional materials would unleash a gusher of carbon dioxide: Concrete, steel, glass and bricks for construction make up a combined
9% of global CO2 emissions, according to research by the United Nations Environment Program.
Enter engineered wood, a seemingly no-brainer solution.
Mass timber is not the typical lumber that has structured single-family houses in North America for decades. The wood components are strong enough to hold up an office tower or apartment block, and building with them is thought to emit much less CO2 than using standard materials. And since wood is about 50% carbon, the material itself even stores a little carbon, to boot.
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Eric Roston, Bloomberg