The G2G Year-End Roundup (2022)
January 04, 2023 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogOur year-end roundup highlights the top-read Gravel2Gavel posts from 2022. Our authors addressed the legal implications for a variety of hot topics and market disruptions, providing deep industry insights that spanned Metaverse real estate investments, economic sanctions in Russia, and cybersecurity for smart buildings.
Read the court decisionRead the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Colorado Court of Appeals Decides the Triple Crown Case
January 17, 2014 —
Berkeley W. Mann, Jr. – Higgins, Hopkins, McLain & Roswell, LLCIn an earlier blog post, I discussed the case of Triple Crown Observatory Village Assn., Inc. v. Village Homes of Colorado, Inc., et al (2013 WL 5761028) because it presented the rare case where the Colorado Court of Appeals accepted an interlocutory appeal. Notably, the interlocutory appeal resulted from dismissal of the HOA case in which the trial judge directed the parties to arbitrate in lieu of a jury trial, under the declaration of covenants, conditions, and restrictions that governed the community. The Court of Appeals decided the case on its merits on November 7, 2013, and its decision can be found at 2013 WL 6502659. (Note: this presently unpublished opinion may be subject to further appeal to the Colorado Supreme Court.)
The case resulted from an attempt by the HOA’s counsel to amend the mandatory arbitration provisions of the declarations before it filed suit. This amendment process took the form of soliciting signature votes of homeowners on a revocation resolution to repeal the specific provisions of the declarations that provided mandatory, binding arbitration as the sole remedy for disputes between the HOA and the developer and/or general contractor. The declarations required that 67% of homeowners vote in favor of amendment in order to modify the declarations.
Read the court decisionRead the full story...Reprinted courtesy of
Berkeley W. Mann, Jr., Higgins, Hopkins, McLain & Roswell, LLCMr. Mann may be reached at
mann@hhmrlaw.com
Construction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast Trolley
May 06, 2019 —
Greg Aragon - Engineering News-RecordProject officials for the $2.1-billion Mid-Coast Trolley in San Diego recently celebrated the halfway point of construction. The event was held at the construction staging yard near the Voigt Drive Trolley station, where workers gather for their morning briefings.
Read the court decisionRead the full story...Reprinted courtesy of
Greg Aragon, ENRENR may be contacted at
ENR.com@bnpmedia.com
Fourteen Years as a Solo!
July 08, 2024 —
Christopher G. Hill - Construction Law MusingsI have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks 14 years since
my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and friends who followed me to solo practice and whom I have met since the firm’s founding on July 1, 2010. I also could not have made the transition and had the fun and success I have enjoyed over the past 14 years without the support of the best wife and family that any construction lawyer could want.
Since the firm’s last anniversary, my youngest child (who was 7 when this journey began!) started and completed her junior year at N. C. State University and is currently in Idaho working as an intern for Idaho Fish & Game, my second oldest is an assistant director of admissions at Appalachian State University in Boone, NC, and is newly married, and my oldest has bought a home, adopted an adorable golden retriever puppy, and celebrated her third marriage anniversary. Our home in Captiva, Florida has also continued its recovery from Hurricane Ian.
Professionally, I’ve had a great year. I am serving as the Vice Chair of the
Section Council of the Virginia Bar Association Construction and Public Contracts Law section. I was also honored to be nominated and elected to the
Virginia Legal Elite in Construction Law for the 17th straight year and to the
Virginia Super Lawyers in Construction Litigation for the 8th year running. I also continued to have the opportunity to teach in various construction-related venues on relevant topics and to help out some of the best clients around. I have also continued to grow my
ADR practice, including
arbitration and
mediation.
Read the court decisionRead the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
The Ups and Downs of Elevator Maintenance Contractor's Policy Limits
October 03, 2022 —
Richard W. Brown & Sarah J. Markham - Saxe Doernberger & Vita, P.C.The December 2021 First Department decision in Nouveau Elevator Indus. v. New York Marine & General Ins. Co. is pushing some buttons in the elevator industry, given the significant implications it may have on the adequacy of policy limits for elevator service companies operating in New York state.
The Court held in Nouveau that monthly elevator maintenance work performed under an ongoing service agreement is considered “completed operations” for purposes of applying policy limits. Specifically, the Court found that the per location policy limits are not implicated here, and instead held that the products-completed operations aggregate limit applies to completed work, which expressly includes “that part of the work done at a job site [that] has been put to its intended use.”
Facts of the Case
Nouveau provides elevator maintenance and service in the greater New York city region. Its work is done in multiple buildings and locations throughout the city. Nouveau purchased six commercial general liability (CGL) policies from New York Marine for consecutive one-year periods. Each of the CGL policies provides a liability limit of $1 million, with an aggregate limit of $2 million, per accident or occurrence.
Reprinted courtesy of
Richard W. Brown, Saxe Doernberger & Vita, P.C. and
Sarah J. Markham, Saxe Doernberger & Vita, P.C.
Mr. Brown may be contacted at RBrown@sdvlaw.com
Ms. Markham may be contacted at SMarkham@sdvlaw.com
Read the court decisionRead the full story...Reprinted courtesy of
2022 Construction Outlook: Continuing Growth But at Slower Pace
January 24, 2022 —
Garret Murai - California Construction Law BlogIn the midst of a pandemic that has lasted far longer than I think many of us thought it would, it’s been a study in contrasts:
- There has been over 305 million COVID-19 cases and 5.5 million deaths worldwide since the start of the pandemic.
- The U.S. stock market gained a whopping 26.9% in 2021.
- The annual rate of inflation in the U.S. hit 6.8% in November 2021 the highest it has been in nearly 40 years.
- The U.S. unemployment rate stood at 4.2% at the end of 2021, down from 14.7% in April 2020, the second highest unemployment rate since the Great Depression.
- The Doomsday Clock struck 100 seconds before midnight in 2021 as scientists warn that global leaders are doing too little too late to combat climate change that has seen global temperatures rise roughly 2 degrees Fahrenheit since the pre-industrial era.
- 2021 saw the launch of the first all-civilian spaceflight by Elon Musk’s Space X which was just one of 16 private spaceflights by tech billionaires Richard Branson’s Virgin Galactic and Jeff Bezos’ Blue Origin.
For the construction industry, when we started out in 2021, economists were estimating that construction starts would be up just 4% in 2021 after taking a 14% free-fall in 2020. As it turned out, construction starts increased 12% in 2021. That’s why economic forecasts should be viewed less like a marksmanship competition and more like horseshoes and hand grenades. Close is about the best you can realistically hope for.
Read the court decisionRead the full story...Reprinted courtesy of
Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
BHA Has a Nice Swing
May 03, 2018 —
Beverley BevenFlorez-CDJ STAFFBert L. Howe & Associates, Inc., (BHA) raises thousands of dollars each year with their Sink a Putt for Charity campaign. This year, participant’s efforts on the green will help benefit three cancer fighting institutions that are dedicated to treating and eradicating children’s cancer: Hawaii’s Children’s Cancer Foundation, St. Jude Children’s Research Hospital, and Shriners Hospital for Children. As in the past, attendees can participate for free in the BHA golf challenge and win a $25 Amazon gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to be distributed equally between each worthy organization.
While at the booth, don’t forget to test out BHA’s industry leading data collection and inspection analysis systems. BHA’s data collection process includes video overviews as well as next-day viewing of inspection data via their secured BHA Client Access Portal. Discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. Also learn about BHA’s expanding market presence and full range of services in Texas, Florida, and across the Southeast United States.
Attendees can also enter to win Dodger baseball tickets! Other BHA giveaways include LED flashlights, tape measures, multi-tools and stress balls.
For more information on these worthwhile charities or to make a donation directly, please visit their websites:
Hawaii’s Children’s Cancer Foundation ,
St. Jude Children’s Research Hospital, and
Shriners Hospital for Children.
Read the full story, Bert L. Howe & Associates, Inc....
Read the court decisionRead the full story...Reprinted courtesy of
Janus v. AFSCME
July 18, 2018 —
Ryan Foltz – Gordon & Rees Construction Law BlogOn June 27, 2018, the Supreme Court of the United States issued its decision in Janus v. AFSCME1. By a 5-4 vote, SCOTUS ruled that public employee unions cannot require non-members to pay union dues, even if those employees are benefiting from the services provided by the union. 28 states already had “right-to-work” laws on the books, meaning that unions in those states were already precluded from collecting fees from non-union members. This ruling makes that ban a national standard.
Read the court decisionRead the full story...Reprinted courtesy of
Ryan Foltz, Gordon & Rees Scully MansukhaniMr. Foltz may be contacted at
rfoltz@grsm.com