Construction Activity on the Upswing
October 25, 2013 —
CDJ STAFFConstruction industry experts are now predicting that not only will 2013 be a growth year for construction, but that the industry will continue to grow through 2015. Predictions at the recent webinar, “The 2014 Outlook: Emerging Opportunities for Construction,” included that growth in the housing market will endure, commercial construction will improve, and that overall construction spending will increase.
This is in the face of what Bernard Markstein, the chief economist at Reed Construction Data, calls “barely acceptable” economic growth. Mr. Markstein also feels that the government shutdown will have an effect on growth of the gross domestic product.
One area of construction that is not expected to do well in the short term is retail. The economists noted that more shoppers are turning to online buying. Need for office space is also shrinking. Despite this, the group projected “high-single-digit growth” through 2014.
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Legal Risks of Green Building
March 22, 2021 —
Mark D. Shifton - Construction ExecutiveAll construction projects involve elements of legal risk. Insurance and indemnity claims, delay claims and professional negligence claims are simply accepted risks when involved in construction. Green building projects are no exception to this rule, and often involve unique issues that are not present in typical construction projects.
Green building projects commonly employ new or untested construction materials, require construction methods that lack significant track records, and ultimate building performance often fails to meet design expectations. As such, green building projects may give rise to entirely new types of legal risk that should be considered and allocated early in the process.
In the past 15 years, the number of buildings for which green certifications have been sought has grown exponentially, and the growth rate of green building and sustainable construction has far outpaced the growth rate of the construction industry as a whole. As green building projects become increasingly common (and often increasingly required by the federal, as well as state and local governments), the unique legal risks presented by green building projects take on an increase importance.
Reprinted courtesy of
Mark D. Shifton, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Mr. Shifton may be contacted at
mshifton@gllawgroup.com
The “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals
September 10, 2018 —
William S. Bennett & Warsame Y. Hassan - Saxe Doernberger & Vita, P.C.The New York Court of Appeals recently upheld a prior appellate division decision finding that policyholders facing environmental claims, spanning multiple years, cannot force their insurers partially on the risk to provide coverage for years where the insurers did not issue policies, even though pollution insurance was unavailable in the marketplace.
In Keyspan Gas E. Corp. v. Munich Reins. Am., Keyspan Gas East Corporation (“Keyspan”) argued other insurers should cover the period when pollution property insurance was unavailable in the marketplace, according to their pro-rata share of coverage. 31 N.Y.3d 51 (2018). In a unanimous decision, the Court emphasized the Appellate Division’s prior ruling that stated, “spreading risk should not by itself serve as a legal basis for providing free insurance to an insured.”
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William S. Bennett, Saxe Doernberger & Vita, P.C.Mr. Bennett may be contacted at
wsb@sdvlaw.com
House of Digital Twins
March 08, 2021 —
Cristina Savian - AEC BusinessAs a vocal and passionate advocate for the adoption of Digital Twins for our built assets, I keep finding myself standing in, what feels like, the middle of a house of cards, observing its always rocky structure in constant danger of collapse. A wobbly system threatened by the tremors stressed by one of the most prominent digital revolutions that our construction industry has ever experienced.
DIGITAL TWINS FOR OUR BUILT ASSET.
This booming industry trend is gaining speed at a rate that the construction industry has never experienced before. Construction has always been slow at innovating and still holds its title as the least digitalised industry, but the Digital Twin revolution has now found our location and is ready to disrupt. I often witness how these forces attempt to pull down the cards, but, to my surprise, their resilience is what keeps holding the house together. Hold on, is this resilience or resistance?
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Cristina Savian, AEC Business
Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner
March 22, 2018 —
Bruce Cleeland and Frances Ma – Publications & InsightsIn
Delgadillo v. Television Center, Inc., 2018 No. B270985, the California Court of Appeal examined and refined the
Privette doctrine.
Mr. Delgadillo worked as a supervisor/window cleaner for a company named Chamberlin Building Services (CBS). Television Center, Inc. (TCI) purchased an existing building and thereafter contracted with CM Cleaning Solutions, Inc. (CMC) to provide cleaning and janitorial services. CMC, on behalf of TCI, solicited a proposal from CBS to wash the building’s windows. CBS and its employees made all decisions about how the window washing would be accomplished. The window washing equipment used on the job was owned, inspected and maintained by CBS. In violation of CBS’ policy, Mr. Delgadillo, attached a safety line to a single connector which was not an acceptable anchor point. The bracket failed and Mr. Delgadillo fell 50 feet to his death.
Survivors of Mr. Delgadillo filed suit against TCI for negligence and negligence per se, alleging that Mr. Delgadillo was fatally injured because TCI failed to install structural roof anchors, as required by several statutes.
Reprinted courtesy of
Bruce Cleeland, Haight Brown & Bonesteel LLP and
Frances Ma, Haight Brown & Bonesteel LLP
Mr. Cleeland may be contacted at bcleeland@hbblaw.com
Ms. Ma may be contacted at fma@hbblaw.com
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Mortgage Firms Face Foreclosure Ban Until 2022 Under CFPB Plan
April 05, 2021 —
Alex Wittenberg - BloombergMillions of homeowners who’ve fallen behind on mortgage payments due to the pandemic would have more time before facing foreclosure under rules proposed Monday by the Consumer Financial Protection Bureau.
The revamp would generally prohibit mortgage servicers from starting foreclosures until after Dec. 31, the CFPB said in a statement. The goal is to give the nearly 3 million borrowers who’ve delayed or stopped making payments a chance to resume them before lenders initiate forced home sales.
A key reason why the CFPB said the change is necessary is because an estimated 1.7 million consumers will exit U.S. forbearance relief programs in September and the ensuing months, meaning they will have to start making payments again.
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Alex Wittenberg, Bloomberg
Lauren Motola-Davis Honored By Providence Business News as a 2021 Leader & Achiever
August 04, 2021 —
Lauren Motola-Davis - Lewis BrisboisProvidence Managing Partner Lauren Motola-Davis was recently named a 2021 Leader & Achiever by Providence Business News (PBN). Ms. Motola-Davis, along with 21 other honorees, will be recognized during an in-person ceremony on August 26 at 5:30 p.m. ET at the Aldrich Mansion in Warwick, Rhode Island.
The Leaders & Achievers Award Program recognizes individuals for their notable success and strong leadership both in their fields and to the region. Honorees were chosen based on their long-standing commitment to the business community as well as a sustained demonstration of leading others, community service, and mentoring.
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Lauren Motola-Davis, Lewis BrisboisMs. Motola-Davis may be contacted at
Lauren.MotolaDavis@lewisbrisbois.com
Elevators Take Sustainable Smart Cities to the Next Level
May 26, 2019 —
Chris Smith - Construction ExecutiveFrom electric cars to solar panels, technology has been at the forefront of innovation in sustainability efforts. As greenhouse gas emissions continue to be a critical global concern, developing smart cities and sustainable energy practices are more important than ever.
In fact, Gartner predicts that by 2020, half of all smart city objectives will be centered around climate change, resilience and sustainability. To build truly intelligent cities, we need to optimize the sharing of information at a foundational level, starting with the structures on which these cities are built.
Where do we begin?
The United Nations estimates that almost 40 percent of today’s global greenhouse gas emissions come from buildings. To reduce these levels, the industry needs to begin creating smarter structures that use data insights to streamline functions in the building, and this starts with the infrastructural backbone: the elevator.
Reprinted courtesy of
Chris Smith, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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