Why Ethiopia’s $5 Billion Dam Has Riled Its Neighbors
September 12, 2022 —
Samuel Gebre & Fasika Tadesse - BloombergEthiopia has been at loggerheads with downstream neighbors Egypt and Sudan for years over a $5 billion mega-dam it’s building on the Nile River. A third phase of filling a 74 billion cubic-meter (2.6 trillion cubic-foot) reservoir behind the Grand Ethiopian Renaissance Dam was completed in August, a process that’s reignited tensions. Egypt has described the unilateral action as a violation of international law and its foreign minister, Sameh Shoukry, wrote to the United Nations Security Council in July, reiterating its objections and accusing Ethiopia of derailing attempts to resolve the standoff.
1. Why is the dam so significant?
The Nile is the most important source of fresh water in a largely arid region that is very vulnerable to drought and climate change and is experiencing rapid population growth. Egypt relies on the 4,000-mile-long river for as much as 97% of its supply, and much of eastern Sudan’s population depends on it for survival. Ethiopia is counting on a 5,150-megawatt hydropower plant on its new dam to help supply electricity to the 60% of its population that don’t have access, and sustain its manufacturing industries. The plant began generating power in 2022, some of which will be sold to neighboring countries.
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Samuel Gebre, Bloomberg and
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Competitive Bidding Statute: When it Applies and When it Does Not
April 15, 2024 —
Mason Fletcher - Ahlers Cressman & Sleight PLLCThe University of Washington (UW), a public university, aimed to secure a real estate developer for a new building on its campus. The proposal involved an 80-year ground lease (the “Lease”), and developers submitted bids. The selected developer would demolish an existing building, construct a new one, own it during the Lease at its own cost, and UW would lease back a portion, with ownership reverting to UW at the Lease’s end. Alexandria Real Equities, Inc. (ARE) was a finalist but ultimately was not selected, and the Lease was awarded to Wexford Science and Technology, LLC (Wexford). As a result, ARE filed suit against UW asserting three claims: 1) UW lacked authority to execute the Lease, 2) UW didn’t follow required competitive bidding procedures, and 3) UW’s developer selection process was arbitrary and capricious. None of these claims were successful and ARE appealed.
Division II of the Washington Court of Appeals affirmed in Alexandria Real Estate Equities Inc. v. Univ. of Wash., __ Wn. App. __, 539 P.3d 54 (2023), a published decision. The Court concluded, based on the facts in that case, that because construction was not publicly funded, UW did not have to follow competitive bidding requirements that were laid out in a statute relevant to state universities. Still, the Court applied the “bright-line cutoff point” that prohibits disappointed bidders from challenging an award once a contract has been executed. See Dick Enterprises, Inc. v. Metro. King County, 83 Wn. App. 566, 572, 922 P.2d 184 (1996).
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Mason Fletcher, Ahlers Cressman & Sleight PLLCMr. Fletcher may be contacted at
mason.fletcher@acslawyers.com
David M. McLain to Speak at the CLM Claims College - School of Construction - Scholarships Available
July 28, 2016 —
David M. McLain – Colorado Construction LitigationI am happy to have been asked to serve as an instructor at this year's CLM Claims College – School of Construction, to be held at the Marriott Baltimore Waterfront in Baltimore, Maryland on Wednesday, September 7, 2016 through Saturday, September 10, 2016.
Overview of the 2016 School of Construction
Construction claims present myriad complexities in claim handling. Construction defect lawsuits are often multi-party cases with cross claims and third-party claims between and among the numerous defendants. Insurance coverage is intertwined and complex due to the interplay of primary, excess, wrap, and additional insurers for the numerous defendants. All this is further complicated by statutes and regulations, inconsistent case law and procedural peculiarities throughout the United States. The economic stakes are high as the damages claims can be in the multi-millions.
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David M. McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
Predicting Our Future with Andrew Weinreich
May 03, 2017 —
Aarni Heiskanen - AEC BusinessIn this podcast episode, my guest is Andrew Weinreich. We talk about the future of homebuilding against the backdrop of Andrew’s new podcast Predicting Our Future.
Is construction ripe for disruption? Andrew believes that homebuilding is much closer to a tipping point than ever before. In this interview, he explains why.
“In the United States, modular construction significantly lags behind what we see elsewhere around the world,” Andrew reminds. “When everything you can imagine today, from the paperclip to your smartphone is made in a factory, why is it that -certainly in this country- we associate homes made in factory with the lowest of low end homes.”
“The first question is: why is that? And the second question is: could that change? Could we be on the precipice of looking at the next Tesla; not for car-building, but for homebuilding.”
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
info@aepartners.fi
Houston Home Sales Fall for the First Time in Six Months
March 19, 2015 —
John Gittelsohn and Prashant Gopal - Bloomberg(Bloomberg) -- Houston home sales fell in February for the first time in six months, a sign lower oil prices are spooking buyers.
Sales of single-family houses dropped 5.8 percent from a year earlier to 4,521 homes, the Houston Association of Realtors reported Wednesday. Purchases fell among residences costing less than $150,000 because of tight supply, and among properties selling for more than $500,000 as wealthier buyers paused amid economic uncertainty, said James Gaines, research economist at Texas A&M University’s real estate center.
“They don’t know what the real impact of falling oil prices is,” Gaines said in a telephone interview from College Station, Texas. “We’re living in the twilight of uncertainty.”
Reprinted courtesy of
John Gittelsohn, Bloomberg and
Prashant Gopal, Bloomberg
Mr. Gittelsohn may be contacted at johngitt@bloomberg.net
Mr. Gopal may be contacted at pgopal2@bloomberg.net
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How Your Disgruntled Client Can Turn Into Your Very Own Car Crash! (and How to Avoid It) (Law Tips)
January 21, 2019 —
Melissa Dewey Brumback - Construction Law in North CarolinaOver the summer, I was involved in a car crash. It was *not* my fault– heck, I wasn’t even driving but riding shotgun. But it wasn’t my husband’s fault either. A guy pulling out of a parking lot was watching the traffic coming up the road, but failed to see our car sitting in the same intersection waiting to turn into the same parking lot. He ran right into us.
It may not look like much, but the panels were so damaged it cost almost $9k in damages, over a month of car rental fees, and a LOT of aggravation on our part. The guy who hit us was very nice, apologized, and was concerned if we were injured. His insurance company ultimately paid for all of the damage. However– it wasn’t he who suddenly got a new part time job– that was me. I had to spend lots of time with police, insurance representatives, auto body mechanics, rental car places, you name it. If you’ve ever been in an accident, you know the headache involved. In fact, I have had 2 other accidents over the years (again, neither of which were my fault– I think I’m just a beacon for bad drivers?). One of those accidents was a 4 car accident– a driver hit my car, pushing it into the car ahead, which went into the car ahead of that. In that accident, my car was actually totaled. Fun times!
How is this relevant to your life as an architect or engineer? If you stay in the game (that is, the design field) long enough, chances are, you will, at some point, end up dealing with disgruntled clients. One of those clients may even file a lawsuit against you. Or, for that matter, you may end up getting sued by another party involved in your construction projects– one that you don’t even have a contract with.
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Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
Hunton Insurance Head Interviewed Concerning the Benefits and Hidden Dangers of Cyber Insurance
December 04, 2018 —
Michael S. Levine - Hunton Insurance Recovery BlogThe head of Hunton Andrews Kurth’s insurance practice, Walter Andrews, was interviewed earlier this week by ABC 7 (WJLA) concerning the need for cyber insurance and the benefits that it can provide to government contractors and other businesses that are impacted by a cyber event. Andrews explains the diverse spectrum of benefits that are available through cyber insurance products, but cautions that a serious lack of uniformity exists among today’s cyber insurance products, making it crucial that policyholders carefully analyze their cyber insurance to ensure it provides the scope and amount of insurance they desire.
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Michael S. Levine, Hunton Andrews KurthMr. Levine may be contacted at
mlevine@HuntonAK.com
Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)
October 12, 2020 —
Christopher G. Hill - Construction Law MusingsAside from waiver of lien rights (something that will be illegal in Virginia after July 1, 2015), the most troublesome contractual impediment to payment for a subcontractor or supplier on a project often is the “pay if paid” clause. As a general rule, in Virginia, these clauses where drafted in the proper fashion, are enforceable. As I have said many times, in Virginia freedom of contract almost always wins out.
While this is the case, I emphasize that such clauses must be very explicit and specific. Furthermore, and in something that should be obvious, these clauses are generally limited by the Courts of Virginia to only be enforceable and to only forgive the need for payment if the upstream contractor on the construction job has not been paid for the work that the sub claiming non payment has done.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com