Construction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or Engineer
August 14, 2023 —
Melissa Dewey Brumback - Construction Law in North CarolinaWhat if you are told that your own design services are no longer needed or welcome on a project? Can they do that? What happens then? How do you protect yourself.
As you probably realize, while rare, the Owner does have the legal right to fire you “for cause”. See B101 §9.4, as long as the Owner gives you 7 days written notice. In fact, the Owner can terminate your contract for any reason at all (maybe you root for the wrong basketball team?) by terminating you for convenience (i.e., for any reason whatsoever) under B101 §9.5, again with 7 days written notice.
As with
Contractor terminations, the money you get when fired for convenience is much greater than when you are terminated for cause. If you are fired “for convenience”, you get paid for all services previously rendered as well as termination expenses, including anticipated profit on the value of services not performed. See B101 §9.7.
Read the court decisionRead the full story...Reprinted courtesy of
Melissa Dewey Brumback, Ragsdale LiggettMs. Brumback may be contacted at
mbrumback@rl-law.com
The International Codes Development Process is Changing to Continue Building Code Modernization
March 06, 2023 —
The International Code CouncilWashington D.C., March 02, 2023 (GLOBE NEWSWIRE) -- The International Code Council is revising its rigorous code development process. The changes will take effect in 2024-2026 for the development of the 2027 International Codes (I-Codes) and will move the development process to an integrated and continuous three-year cycle.
In the new timeline, year one will include two Committee Action Hearings for Group A Codes; year two will include two Committee Action Hearings for Group B Codes; and year three will be the joint Public Comment Hearings and Online Governmental Consensus Vote for both Group A and B Codes.
The addition of the second Committee Actions Hearings in year one and two will foster a more in-depth vetting of code change proposals, allowing an opportunity for the committee members to review and evaluate the original proposals and consider the submitted responses. This also provides more opportunity for proponents to build consensus for their code change proposal and ensure the best version of their intended improvement to the existing codes.
Additionally, with combined Public Comment Hearings in the third year, voting members are able to vote on all suggested changes to the next edition of the I-Codes at one time. The updated process also provides more opportunity for proposed new referenced standards to be developed and finalized on a consistent timeline regardless of the group (Group A or B) with which they are associated.
About the International Code Council
The International Code Council is the leading global source of model codes and standards and building safety solutions. Code Council codes, standards and solutions are used to ensure safe, affordable and sustainable communities and buildings worldwide.
Read the court decisionRead the full story...Reprinted courtesy of
Traub Lieberman Attorneys Recognized as 2022 New York – Metro Super Lawyers®
October 17, 2022 —
Traub LiebermanTraub Lieberman is pleased to announce that seven Partners from the Hawthorne, NY Office have been selected to the 2022 New York - Metro Super Lawyers list.
2022 New York – Metro Super Lawyers
- Copernicus Gaza – Insurance Coverage
- Jonathan Harwood – Professional Liability
- Lisa Rolle – Construction Litigation
- Christopher Russo – Professional Liability
- Lisa Shrewsberry – Professional Liability
- Stephen Straus – Insurance Coverage
- Richard Traub – Insurance Coverage
Read the court decisionRead the full story...Reprinted courtesy of
Traub Lieberman
A DC Office Building Offers a Lesson in Glass and Sculpture
May 08, 2023 —
Kriston Capps - BloombergFrom the outside, the facade of 2050 M Street, an office building in Washington, DC, looks like it’s made with liquid soap. Standing inside and looking out, its structure is almost invisible. The building, which was finished in 2020, boasts an ethereal curtain wall, created from hundreds of fluted planes of glass treated with a special industrial coating. The result is a multifaceted surface that pushes the limits of transparency, enhanced with a silver opal shine.
According to Joshua Ramus, founding principal of the architecture firm REX, the 12-story structure’s design reflects Washington’s building history, while its construction required a rather novel procurement process. The building, he says, is very much a DC story.
Each of its 978 glass panels is concave, shaped using an innovative machine called a bending tempering furnace. Curving glass makes it stronger as a material, and this building’s panes are strong enough to stand up with minimal infrastructure. The building doesn’t employ mullions, window components that hold glass in place. Even a few years ago, achieving such an effect by shaping pieces of glass would have been prohibitively expensive.
Read the court decisionRead the full story...Reprinted courtesy of
Kriston Capps, Bloomberg
Louisiana Politicians Struggle on Construction Bills, Hospital Redevelopment
June 16, 2011 —
CDJ STAFFLouisiana politicians are still working on a compromise in the state’s construction budget, as reported in the Times-Picayune. Rob Marrianneax, the chair of the Senate Revenue and Fiscal Affairs Committee, removed a $45 million request from Governor Bobby Jindal and added $4 million for projects that Jindal vetoed last year.
Two senators have formed competing plans to fund redevelopment construction for New Orleans’s Methodist Hospital. Mitch Landrieu, the mayor of New Orleans, hoped for $30 million dollars in state bonds. Senator Cynthia Willard-Lewis proposed an amendment that would supply $1.6 million, while Senator J.P. Morrell has an amendment that would supply $4 million.
Read the full story…
Read the court decisionRead the full story...Reprinted courtesy of
Living Not So Large: The sprawl of television shows about very small houses
March 12, 2015 —
S Jhoanna Robledo – BloombergVince and Sam are newlywed twentysomethings who’ve been bunking with family for a year. Finally, they’ve saved up enough to buy a palace to call their own. Well, sort of: They want to shrink their footprint and expenses by living in a custom-built, 204-square-foot standalone house in southern New Jersey. It has to have room for gym equipment—they’re fitness buffs—and a study for Sam, who’s in medical school. Even Vince’s adorably headbanded mom isn’t sure how it will all fit. When Vince and Sam first see their new digs under construction, tall and narrow like a top-heavy garage, Vince admits they’re “freaking out on the inside.”
So goes a standard episode of Tiny House Nation, the first of a half-dozen miniaturized real estate shows that have recently premiered. “We discovered that for millennials, there was an overriding social trend of extreme downsizing, and we wanted to dig deep into that,” says Gena McCarthy, executive producer of the show, which began airing last year after the Biography Channel morphed into the youth-focused FYI network. Last summer’s first season averaged 257,000 viewers per week, according to Nielsen; this season’s average viewership is up 77 percent, to 465,000.
Read the court decisionRead the full story...Reprinted courtesy of
S Jhoanna Robledo, Bloomberg
Connecticut Federal District Court Follows Majority Rule on Insurance Policy Anti-Assignment Clauses
March 20, 2023 —
Saxe Doernberger & Vita, P.C.A recent decision by the United States District Court for the District of Connecticut further confirms that Connecticut courts follow the majority rule that contractual anti-assignment clauses do not bar assignment of an insured’s claim after the loss occurred.1
The September 2022 decision in
Am. Guarantee & Liability Ins. Co. v. 51 Roses Mill LLC arose out of a fire that destroyed a property under contract for sale. At the time of the fire, the property was owned by Bridge33 Capital LLC (“Bridge33”), insured by American Guarantee & Liability Insurance Company (“American Guarantee”), and under contract for sale to 51 Roses Mill LLC (“51 Roses”). After the fire, Bridge33 assigned its insurance claim to 51 Roses. American Guarantee filed suit seeking a declaratory judgment that the assignment was invalid, or that, if it was valid, 51 Roses could only recover under the actual cash value, rather than the replacement cost value, of the lost property. 51 Roses brought counterclaims for breach of contract and bad faith and sought a declaratory judgment that it was entitled to replacement cost value under the policy.
Read the court decisionRead the full story...Reprinted courtesy of
Saxe Doernberger & Vita, P.C.Saxe Doernberger & Vita, P.C. may be contacted at
coverage@sdvlaw.com
Complying With Data Breach Regulations in the Construction Industry
November 24, 2019 —
Ryan Bilbrey - Construction ExecutiveRecent data breach incidents—like the massive Capital One cyberattack, where a former employee accessed more than 100 million customer accounts and credit card applications—have left many users questioning how safe their information really is in the hands of companies.
There is reason to be concerned. More than 4.1 billion records were exposed in nearly 4,000 data breaches reported in the first half of 2019 alone, according to the 2019 MidYear QuickView Data Breach Report. Construction companies are not immune.
As the industry becomes more reliant on technology—using augmented reality, Building Information Modeling and drones on construction sites, for example—construction companies are becoming greater targets for hackers looking to gain a financial or strategic advantage.
Instead of assuming a company will never experience a breach (or rather, denying that it will ever happen), it’s important to be aware of possible threats and establish data breach response policies to minimize potentially catastrophic fallout.
Reprinted courtesy of
Ryan Bilbrey, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the court decisionRead the full story...Reprinted courtesy of
Mr. Bilbrey may be contacted at
rbilbrey@biaprotect.com