Scientists Are Trying to Make California Forests More Fire Resilient
June 21, 2021 —
Laura Bliss - BloombergTo the untrained eye, the scrubby slope off Wentworth Springs Road in the Eldorado National Forest looks like any other patch of Sierra Nevada ridgetop. Tufted in native shrubs and flecked by darkened pine stumps, it’s part of a 30,000-acre swath of land that was deforested in 2014, when the King Fire tore through 17 miles of canyon in less than six hours.
But Dana Walsh can see what’s unique. On a recent Sunday morning, the USDA Forest Service forester bent over a white flag pinned into the ground to mark a barely-visible seedling. As she points to other seemingly camouflaged baby conifers nearby, what starts to emerge is a subtle pattern she calls cluster planting.
“It’s tough to make out unless you know to look for it,” she said. “But once you see a tree, then you can spot the five or six planted near it. Then there’s nothing. Then there’s another five or six. Then there’s nothing.”
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Laura Bliss, Bloomberg
Berkeley Researchers Look to Ancient Rome for Greener Concrete
June 28, 2013 —
CDJ STAFFWhile modern concrete often crumbles after fifty years, some concrete laid down during the Roman Empire is still strong, even after 2,000 years. Researchers at UC Berkeley have been puzzling over the secrets of Roman concrete, using samples from a breakwater near Naples. The breakwater was built about 37 BC, and the concrete is still strong. Unlike modern concrete, the Romans made theirs with a mixture of lime and volcanic ash.
Paulo Monteiro, a professor of civil and environmental engineering at Berkeley, noted that one of the drawbacks of Roman cement was that it hardens more slowly than modern concrete. An advantage is that it is more environmentally friendly, and the researchers are trying to determine if volcanic ash cement would be a good substitute. Professor Montiero hopes that fly ash and volcanic ash cements “could replace 40 percent of the world’s demand for Portland cement.”
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The Irresistible Urge to Build Cities From Scratch
November 21, 2018 —
Monte Reel - BloombergEmbedded in the cerebral folds of every city planner who’s ever lived, there’s a cluster of neurons that lights up like Las Vegas when confronted with the possibility of a blank slate. It started with Hippodamus, the man Aristotle claimed was the father of urban planning. When the Persians destroyed his hometown of Miletus, Hippodamus discovered a bright side to catastrophe: The attackers had erased all the regrettable improvisations that, over the centuries, had made a mess of the place. Tasked with rebuilding, he seized his chance to impose order upon chaos. And so the concept of the urban grid was born.
Ever since, the dream of carte blanche has proved an all-but-irresistible seduction. Leonardo da Vinci drafted detailed sketches of an “ideal city” after the plague ravaged Milan, and a few hundred years later, Frank Lloyd Wright designed a metropolis that solved the problem of vehicular congestion via a network of helicopter taxis. Every so often, this urge in city planners breaks out into a full-scale epidemic, such as the one that spread throughout Europe and North America in the early 1900s. Known as the “garden city movement,” it aimed to counter the indignities of the Industrial Revolution by creating planned communities with plenty of green space.
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Monte Reel, Bloomberg
Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
October 02, 2015 —
David A. Harris & Abigail E. Lighthart – Haight Brown & Bonesteel LLPIn Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an out-of-state contractor from requiring a California subcontractor to litigate disputes in a state other than California, applies not only to traditional “contractors” and “subcontractors” but also to design professionals and architects.
In Vita Planning, a dispute arose when HKS, a Texas based architectural firm, refused to pay Vita Planning and Architecture (“Vita”), a landscape design firm, for work on a luxury hotel in Mammoth Lakes, California (“Project”). HKS contended it was not required to pay Vita until it was paid by the owner of the Project, and any claims regarding the work needed to be filed in Texas pursuant to a forum selection clause contained in a Prime Contract between HKS and the Owner. The forum clause was “incorporated by reference” into an unsigned “standard form” agreement between HKS and Vita. Despite the forum clause, Vita filed a Complaint against HKS in Marin County Superior Court.
Reprinted courtesy of
Abigail E. Lighthart, Haight Brown & Bonesteel LLP and
David A. Harris, Haight Brown & Bonesteel LLP
Mr. Harris may be contacted at dharris@hbblaw.com
Ms. Lighthart may be contacted at alighthart@hbblaw.com
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Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship
April 05, 2021 —
Anthony L. Miscioscia & Marianne Bradley - White and Williams LLPOn March 17, 2021, the Eastern District of Pennsylvania issued its decision in Estate Chimney & Fireplace v. IFG Companies & Burlington Insurance Company, 2021 U.S. Dist. LEXIS 50360 (E.D. Pa. March 17, 2021), finding that an insurance carrier had no duty to defend its insured where the allegations in the underlying litigation involved claims of faulty workmanship.
Estates Chimney & Fireplace, LLC (Estates Chimney) had performed inspections and replaced chase covers for a number of chimneys in a condominium complex. Chase covers are pieces of metal, which are placed over chimneys in order to keep out environmental elements. Several condominium owners sued Estates Chimney, alleging that Estates Chimney had improperly installed, then improperly replaced, their chimney caps, which caused their chimneys to cease working properly. As a result, the underlying plaintiffs allegedly incurred costs to repair or replace the chimney caps and chimneys.
Estates Chimney sought coverage from its carrier, who denied coverage based upon its determination that the claims in the underlying lawsuits arose out of faulty workmanship, which did not result in damage to the property of a third party. Estates Chimney filed a declaratory judgment action, seeking a declaration that it was entitled to coverage under the policy. Both parties moved for summary judgment, and the Eastern District ruled in favor of the carrier.
Reprinted courtesy of
Anthony L. Miscioscia, White and Williams LLP and
Marianne Bradley, White and Williams LLP
Mr. Miscioscia may be contacted at misciosciaa@whiteandwilliams.com
Ms. Bradley may be contacted at bradleym@whiteandwilliams.com
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Confidence Among U.S. Homebuilders Little Changed in January
January 28, 2015 —
Bloomberg News(Bloomberg) -- Confidence among U.S. homebuilders hovered in January close to a nine-year high, indicating the residential real estate market is poised to expand this year.
While the National Association of Home Builders/Wells Fargo builder sentiment gauge fell to 57 this month from 58 in December, readings greater than 50 mean more respondents report good market conditions, according to figures issued from the Washington-based group Tuesday. The median forecast in a Bloomberg survey called for 58.
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Bloomberg News
Trump, Infrastructure and the Construction Industry
March 01, 2017 —
Garret Murai – California Construction Law BlogIt’s been a whirlwind since Donald Trump became President. Some might even say a tornado.
Many believed (including myself) that he couldn’t win. I was wrong. Some also believed (again, including myself) that he wouldn’t make good on his campaign promises. So far, he has.
While I usually don’t like being wrong, if there’s one thing I couldn’t be happier being wrong about, it’s President Trump’s promises to rebuild the nation’s infrastructure.
So, what can the construction industry expect under our first developer-turned-POTUS, Donald Trump, who is arguably the most exciting President for the construction industry since FDR?
Where We Are Today
The American Society of Engineers, in its oft-cited infrastructure “Report Card,” gave nation’s infrastructure an overall grade of D+, with an estimated investment infusion of $3.6 trillion needed by 2020 just to keep the nation’s infrastructure in “good” (note, not “great”) repair.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
Make Sure to Properly Perfect and Preserve Construction Lien Rights
December 07, 2020 —
David Adelstein - Florida Construction Legal UpdatesIf you recording a construction lien (referred to as a claim of lien) and looking to perfect your construction lien foreclosure rights, it is imperative that you work with counsel to ensure your rights are properly preserved. This is good practice!
A claim of lien must be served on an owner within 15 days after recording. Florida Statute s. 713.08(4)(c) says: “The claim of lien shall be served on the owner. Failure to serve any claim of lien in the manner provided in s. 713.18 before recording or within 15 days after recording shall render the claim of lien voidable to the extent that the failure or delay is shown to have been prejudicial to any person entitled to rely on the service.”
Florida Statute s. 713.18, hyperlinked for your review, includes the statutory ways to serve “notices, claims of lien, affidavits, assignments, and other instruments permitted or required under [Florida Statutes Chapter 713].”
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com