Strategic Communication Considerations for Contractors Regarding COVID-19
April 06, 2020 —
Sarah Skidmore - Construction ExecutiveThe COVID-19 is a worldwide wildcard. Around the globe, organizations are forced to communicate with a wide variety of audiences. Audiences range from employees to customers and vendors—and more. A pandemic of this nature is new for the modern globalized workforce. Societies realize the breadth of international influence involved in a single supply chain now more than ever before. Domestically based organizations realize their place in the larger global system—and the construction industry is a perfect example.
Here are key questions for leaders to ponder.
1. Who are your audience groups?
In a wildcard situation, organizations are often tasked with communicating to many different audience groups and stakeholders. So, take some time to think beyond the groups that come top-of-mind such as customers, vendors, partners and owners.
- Does the organization have any community-based events on the calendar?
- Does the organization have professional development sessions on the calendar?
- Does the organization have planned maintenance or facilities work scheduled with third parties?
- Does the organization have interns or apprenticeship programs with local colleges?
Reprinted courtesy of
Sarah Skidmore, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Ms. Skidmore may be contacted at
sarah@skidmore-consulting.com
Want More Transit (and Federal Funding)? Build Housing That Supports It
January 08, 2024 —
M. Nolan Gray - BloombergAfter
decades of planning (and $2.1 billion spent), Los Angeles’ newest light rail line opened in October 2022. Joined by geeky rail obsessives and chaperoned children, I rode the K Line on opening day. A blend of underground, elevated and at-grade track, it’s a route only a politician could love. Stations were lavished with public art, and when the train wasn’t stuck in traffic, it glided through the sprawl.
Yet one year later, it is Los Angeles’ least-used line, averaging
just over 2,000 riders on an average weekday this fall.
It isn’t hard to see why: The line begins at a vacant patch in Crenshaw and ends in a low-slung industrial park about six miles away, lined by strip malls the entire way. Walk one block east or west from any given station, and you’ll find yourself amid single-story postwar bungalows on 7,500-square-foot lots — all illegal to redevelop into apartments, thanks to local zoning. The Hyde Park Station deposits riders into a cluster of gas stations and drive-thru fast-food joints.
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M. Nolan Gray, Bloomberg
Home Sales Topping $100 Million Smash U.S. Price Records
May 07, 2014 —
Prashant Gopal – BloombergThe U.S. trophy-home market is shattering price records this year as an increasing number of residential properties change hands for more than $100 million.
Barry Rosenstein, founder of hedge fund Jana Partners LLC, has purchased an 18-acre (7.3-hectare) beachfront property in East Hampton, New York, for $147 million, according to the New York Post. That would break the U.S. single-family price record of $120 million set last month with the sale of a Greenwich, Connecticut, waterfront estate on 51 acres. In Los Angeles, a 50,000-square-foot (4,600-square meter) home sold in February for $102 million in cash after a bidding war.
The world’s richest people are moving cash to real estate as they seek havens for their wealth. In the U.S., an improving economy and stocks at a record are bolstering confidence among the affluent. Home purchases of $2 million or more jumped 33 percent in January and February from a year earlier to the highest level for the two-month period in data going back to 1988, according to an analysis by DataQuick.
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Prashant Gopal, BloombergMr. Gopal may be contacted at
pgopal2@bloomberg.net
Philadelphia Revises Realty Transfer Tax Treatment of Acquired Real Estate Companies
January 05, 2017 —
Nancy Frantz, Kevin Koscil & James Vandermark – White and Williams LLPOn December 8, 2016, the Philadelphia City Council voted unanimously to amend the ordinance governing realty transfer taxes in an effort to increase tax revenue. The current combined realty transfer tax rate in Philadelphia is 4.0% and will increase to 4.1% after December 31, 2016.[1] The amendment significantly impacts how taxes are imposed upon transfers of ownership in so-called “real estate companies” and effectively eliminates deals commonly referred to as 89-11 transactions. The amendment mainly focuses on transfers of real estate companies, rather than direct transfers of real estate, but it also affects certain direct transfers of real estate in exchange for noncash consideration.
Reprinted courtesy of White and Williams LLP
Nancy Frantz,
Kevin Koscil and
James Vandermark
Ms. Frantz may be contacted at frantzn@whiteandwilliams.com
Mr. Koscil may be contacted at koscilk@whiteandwilliams.com
Mr. Vandermark may be contacted at vandermarkj@whiteandwilliams.com
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Absence of Property Damage During Policy Period Equates to No Coverage
April 01, 2015 —
Tred R. Eyerly – Insurance Law HawaiiThe Montana Supreme Court determined there was no coverage for the insured due to a lack of property damage during the policy period. Truck Ins. Exchange v. O'Mailia, 2015 Mont. LEXIS 54 (Mont. Feb. 17, 2015).
The insured plumbing company, Lolo Plumbing & Heating, installed a water heater at Famous Dave's restaurant. At the time of installation, the insured had a CGL policy with Truck. The policy provided coverage from July 10, 2006 to November 29, 2009.
On March 12, 2010, three years after the water heater was installed, a burning smaell was detected in the restaurant's mechanical room. The fire department turned off the water heater and asked that a plumber look at it. Diamond Plumbing & Heating was called and replaced the combustion air fan assembly, but did not further examine the water heater.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
The Fourth Circuit Applies a Consequential Damages Exclusionary Clause and the Economic Loss Doctrine to Bar Claims by a Subrogating Insurer Seeking to Recover Over $19 Million in Damages
February 23, 2016 —
William L. Doerler – White and Williams LLPIn Severn Peanut Company, Inc. v. Industrial Fumigant Company, 807 F.3d 88 (4th Cir. (N.C.) 2015), the United States Court of Appeals for the Fourth Circuit (Fourth Circuit), applying North Carolina law, considered whether a consequential damages clause in a contract between the Severn Peanut Company, Inc. (Severn) and Industrial Fumigant Company (IFC) barred Severn and its subrogating insurer, Travelers Property Casualty Company of America (Travelers), from recovering over $19 million in damages that Severn suffered as the result of a fire and explosion at its Severn, North Carolina plant. The Fourth Circuit, rejecting Severn’s unconscionability and public policy arguments related to the consequential damages clause and finding that the economic loss doctrine barred Severn from pursuing negligence claims, affirmed the trial court’s judgment granting summary judgment in IFC’s favor.
As noted in the Severn decision, the facts showed that Severn and IFC signed a Pesticide Application Agreement (PAA) requiring IFC to use phosphine, a pesticide, to fumigate Severn’s peanut storage dome and to apply the pesticide “in a manner consistent with instructions . . . and precautions set forth in [its] labeling.” With respect to damages, the PAA specified that IFC’s charge for its services, $8,604 plus applicable sales tax, was “based solely upon the value of the services provided” and was not “related to the value of [Severn’s] premises or the contents therein.” In addition, the PAA specified that the $8,604 sum to which the parties agreed was not “sufficient to warrant IFC assuming any risk of incidental or consequential damages” to Severn’s “property, product, equipment, downtime, or loss of business.”
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William L. Doerler, White and Williams LLPMr. Doerler may be contacted at
doerlerw@whiteandwilliams.com
Unpunished Racist Taunts: A Pennsylvania Harassment Case With No True 'Winner'
December 04, 2023 —
Richard Korman - Engineering News-RecordThe taunts started in the first days of Andre Pryce’s new job, camouflaged as joking. During the nine months of 2019 spent working as a drill rig hand, mostly in the woods in western Pennsylvania, for a contractor that also performs much construction-related drilling, he said coworkers filled his ears with racist insults.
Reprinted courtesy of
Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com
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Changes to Judicial Selection in Mexico Create a New Case for Contractual ADR Provisions
November 25, 2024 —
Juan Pablo Sandoval - The Dispute ResolverThe Mexican Congress recently discussed and approved a Constitutional Amendment called the “Judiciary Amendment” which was ironically published in the Official Gazette on September 15, 2024, the day before Mexican Independence Day.
With this Judiciary Amendment, the Mexican Congress determined that Federal Judges, Federal Magisters and the Ministers of the Supreme Court will now be elected through direct and popular election. Before the Judiciary Amendment, Federal Judges and Magisters used to have a judicial career; many of them started as law clerks and were promoted step by step until becoming Judge or Magister.
Ministers of the Supreme Court were appointed by the Senate through an election of three candidates designated by the President.
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Juan Pablo Sandoval, COMAD, S.C.Mr. Sandoval may be contacted at
jpsandoval@comad.com.mx