The Golden State Commits to Going Green – Why Contractors Will be in High Demand to Build the State’s Infrastructure
November 28, 2018 —
Karla Pascarella & Alexa Magrath - Peckar & Abramson, P.C.On September 10, 2018 California’s Governor took an ambitious stance on environmental policy and signed Senate Bill 100 (“SB100”). The bill accelerates several Renewables Portfolio Standards (“RPS”) deadlines previously established by former Governor Arnold Schwarzenegger. The bill’s most notable effect—it requires that 100 percent of California’s electricity come from renewable and zero-carbon sources by 2045. California is the second state in the nation to pass such legislation; Hawaii passed a similar bill in 2015.
The passage of this bill could not be timelier as wildfires, drought, and record high temperatures continue to make national headlines. California, as it often does, has taken a contrarian position as the federal government attempts to reinvigorate the coal mining industry in America. Coal and other fossil fuels used to produce energy increase air pollution and deplete necessary ozone. California has been experimenting and utilizing renewable energy technology since as early as 1997. According to the California Energy Commission, by the end of 2017 California generated approximately 32 percent of its energy from renewable sources.
Reprinted courtesy of
Karla Pascarella, Peckar & Abramson, P.C. and
Alexa Magrath, Peckar & Abramson, P.C.
Ms. Pascarella may be contacted at kpascarella@pecklaw.com
Ms. Magrath may be contacted at amagrath@pecklaw.com
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America’s Infrastructure Gets a C-. It’s an Improvement Though
April 05, 2021 —
Garret Murai - California Construction Law BlogEvery four years the American Society of Civil Engineers (ASCE) issues a report card assigning a letter grade to the nation’s infrastructure. ASCE issued their 2021 Infrastructure Report Card earlier this month.
Our country’s grade in 2021? A disappointing C-.
It’s an improvement though. When ASCE issued their 2017 Infrastructure Report Card we didn’t even pass the class with a grade of D+.
In short, there’s room for improvement. A lot of room for improvement.
C- is just the cumulative grade however. ASCE’s Report Card is divided into industry segments with grades assigned to each segment. Individual grades for some, but not all, of the segments include the following:
- Aviation: The nation’s airports received a grade of D+. According to the Report Card, terminal, gate and ramp availability are not meeting the needs of a growing passenger base which has increased from 964.7 million to 1.2 billion per year and a has a 10-year shortfall of $111 billion.
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Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Structural Defects Lead Schools to Close off Areas
February 12, 2013 —
CDJ STAFFTwo Virginia schools have closed off parts of their buildings after inspections discovered that walls were bowing outward due to structural defects. The inspectors determined that other portions of the Pulaski and Dublin middle schools were safe for occupancy. The school board is currently consulting with engineers to determine how best to stabilize the walls. A press release from the schools notes that the unstable wall at the Dublin Middle School is in the gym area, while at the Pulaski Middle School both the gym and auditorium are affected.
As a precaution, the gyms at both schools, the Pulaski auditorium, and the spaces beneath have been closed off. Officials in the schools state that while they are seeking to repair the situation quickly, “we must operate under the assumption that repairs will not be complete by the end of this school year.”
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California Courts Call a “Time Out” During COVID-19 –New Emergency Court Rules on Civil Litigation
May 04, 2020 —
Tara C. Dudum - Newmeyer Dillion“We are at this point truly with no guidance in history, law, or precedent. To say that there is no playbook is a gross understatement of the situation.”
-Chief Justice and Chair of the California Judicial Council, Tani G. Cantil-Sakauye
Seeking to sustain essential court services while balancing weighty considerations, including litigants’ due process rights, access to justice, and stringent health and safety orders, the California Judicial Council has adopted Emergency Rules in response to the ongoing coronavirus pandemic (COVID-19).
While many of the Emergency Rules focus on criminal and juvenile dependency matters, this update highlights the Emergency Rules immediately impacting civil litigation in California state courts. The following Emergency Rules remain in effect until 90 days after the Governor lifts the state of emergency or the rule is amended or repealed by the Judicial Council:
Tolling of Statutes of Limitation in Civil Actions
Effective April 6, 2020, the statutes of limitation (the time period in which to bring a claim) for all civil causes of action is tolled until such time as the rule is no longer in effect. The impact of this rule is that it provides plaintiffs with more time to bring claims and extends the time period that defendants may face legal action for alleged violations of the law.
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Tara C. Dudum, Newmeyer DillionMs. Dudum may be contacted at
tara.dudum@ndlf.com
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
September 30, 2019 —
Garret Murai - California Construction Law BlogWhen things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company, Case No. D074219 (June 5, 2019), the California Court of Appeals for the 4th District considered whether an additional insured exclusion, excluding “property in the care, custody or control of the additional insured,” precluded a duty to defend by an insurer.
McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company
McMillin Homes Construction, Inc. was the developer and general contractor on a residential project known as Auburn Lane in Chula Vista, California. McMillin subcontracted with Martin Roofing Company, Inc. to perform roofing work. Under the subcontract, Martin was required to obtain commercial general liability insurance naming McMillin as an additional insured.
The commercial general liability insurance policy secured by Martin was issued by National Fire and Marine Insurance Company. As is typical, the policy covered “property damage” and “personal injury” arising out of an “occurrence” during the policy period. McMillin was covered as additional insured under ISO endorsement form CG 20 09 03 97.
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Garret Murai, Wendel, Rosen, Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
The Case For Designers Shouldering More Legal Responsibility
November 21, 2018 —
Richard Korman - Engineering News-RecordUjjval Vyas is dignified, articulate and persistent. In past years he earned a law degree and a PhD where his thesis concerned Philip Johnson and architectural modernism. He is a founder of a hydrogen energy company. He is also leading a crusade, largely by himself, advocating that designers should be held to a "clients come first" approach applied to other professionals—an idea that would burden engineers and architects with the weight of vastly increased legal liability. The reactions to his ideas in the past have ranged from scornful to sympathetic.
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Richard Korman, ENRMr. Korman may be contacted at
kormanr@enr.com
Taylor Morrison Home Corp’ New San Jose Development
October 15, 2014 —
Beverley BevenFlorez-CDJ STAFFThe Silicon Valley Business Journal reported that Taylor Morrison Home Corp has made the “biggest land acquisition so far in San Jose” after acquiring “an 8-acre chunk of dirt in the developing Montecito Vista area where it has plans to build out 184 townhomes.”
The developer “paid about $32.5 million, or roughly $176,600 per buildable unit, for the land, according to public tax records,” according to the Silicon Valley Business Journal. Construction is scheduled to begin November of 2015 and models should be ready by April of 2016.
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Muir named Brown and Caldwell Eastern leader
January 09, 2023 —
Brown and CaldwellHARTFORD, Conn., Jan. 04, 2023 — Leading environmental engineering and construction services firm Brown and Caldwell today announces Senior Vice President Eric Muir has been promoted to leader of its growing Eastern business.
The largest of the company's regions with over 40 offices east of the Mississippi River, the Eastern business consists of clients in the water, wastewater, stormwater, environmental services, and water resources sectors.
Muir has a 20-year background in delivering highly technical civil and environmental engineering projects. He has held leadership and technical roles on some of the most complex projects encompassing water and wastewater treatment, distribution and collection, pumping, and conveyance systems. His experience includes master planning, detailed design, permitting, and construction services.
Since joining Brown and Caldwell in 2018, Muir's business development expertise and client-centric focus have played a key role in setting the company's regional strategic direction to achieve strong financial results.
"Eric is a highly strategic and inclusive leader, passionate about mentoring employees to reach their full potential," said Brown and Caldwell Chief Operating Officer Euan Finlay. "His deep knowledge of clients' environmental obstacles will enhance the positive impacts our teams have on the communities we serve."
Based in Connecticut, Muir will manage overall operations and lead the implementation of the firm's strategy in the East. He will continue the region's growth and lead efforts to make Brown and Caldwell the company of choice for clients, employees, and partners. He will work alongside regional leadership to align the firm's talent pool with clients to provide innovative, cost-effective solutions to challenges related to water quality, biosolids management, and aging infrastructure.
About Brown and Caldwell
Headquartered in Walnut Creek, California, Brown and Caldwell is a full-service environmental engineering and construction services firm with 52 offices and 1,800 professionals across North America and the Pacific. For 75 years, our creative solutions have helped municipalities, private industry, and government agencies successfully overcome their most challenging water and environmental obstacles. As an employee-owned company, Brown and Caldwell is passionate about exceeding our clients' expectations and making a difference for our employees, our communities, and our environment. For more information, visit www.brownandcaldwell.com
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