Construction of World's Tallest Building to Resume With New $1.9B Contract for Jeddah Tower
October 28, 2024 —
James Leggate - Engineering News-RecordConstruction of the Jeddah Tower in Jeddah, Saudi Arabia—which is planned to be the world’s tallest building—is set to resume with original contractor Saudi Binladin Group Co. after a years-long pause, owner Jeddah Economic Co.'s parent company, Kingdom Holding Co., announced Oct. 2.
Reprinted courtesy of
James Leggate, Engineering News-Record
Mr. Leggate may be contacted at leggatej@enr.com
Read the full story...
Amazon Can be Liable in Louisiana
August 05, 2024 —
Michael J. Ciamaichelo - The Subrogation StrategistIn June 2024, the Supreme Court of Louisiana held that: (1) Amazon can be considered a “seller” of defective products sold by third parties on its website; and (2) Amazon can be liable under a theory of negligent undertaking for third-party products. In Pickard v. Amazon.com, Inc., No. 2023-CQ-01596, 2024 La. LEXIS 1112, a Louisiana man, Archie Pickard, died from burns sustained in a house fire allegedly caused by a defective battery charger purchased on Amazon from a third-party seller located in China. Mr. Pickard’s family filed a lawsuit against Amazon in the United States District Court for the Western District of Louisiana alleging claims under the Louisiana Products Liability Act (LPLA) and for negligent undertaking. Amazon filed a motion for summary judgment, which prompted the federal court to certify questions to the Supreme Court of Louisiana regarding these two claims.
Amazon Can be a “Seller” Under the Louisiana Products Liability Act
Amazon does not neatly fit within the definition of “seller” under the LPLA because the LPLA was drafted in 1988, before the internet existed. The LPLA defines a “seller” as a person or entity (who is not the manufacturer) who conveys title or possession of the product to another for something of value. La R.S. 9.2800.53(s) (emphasis added). The Supreme Court of Louisiana determined that Amazon was a “seller” because it conveyed “possession” of the charger to Mr. Pickard through the “Fulfillment by Amazon” (FBA) program, which provides storage, delivery, customer service, and returns of third-party products sold on Amazon. Most products on Amazon are sold by third parties, rather than Amazon. Many third-party sellers are small or medium-size companies, and some are individuals seeking to make supplemental income. Amazon offers the FBA program to handle storage and logistics to third-party sellers. When a product is sold through the FBA program, the seller sends the product to Amazon’s warehouses, where it is stored until it is purchased. When an FBA-product is purchased, Amazon collects payment, delivers the product (often in an Amazon van), and handles the potential return of the product. The Supreme Court of Louisiana determined that Amazon was a “seller” of the battery charger even though Amazon did not pass title to Mr. Pickard because: (1) Amazon had physical custody of the charger while stored in the warehouse; and (2) Amazon controlled the transaction and logistics through its FBA program.
Read the full story...Reprinted courtesy of
Michael J. Ciamaichelo, White and WilliamsMr. Ciamaichelo may be contacted at
ciamaichelom@whiteandwilliams.com
Traub Lieberman Attorneys Recognized as 2024 New York – Metro Super Lawyers®
November 11, 2024 —
Traub LiebermanTraub Lieberman is pleased to announce that seven Partners from the Hawthorne, NY office have been selected to the 2024 New York - Metro Super Lawyers list.
2024 New York – Metro Super Lawyers
- Copernicus Gaza – Insurance Coverage
- Jonathan Harwood – Professional Liability
- Lisa Rolle – Construction Litigation
- Hillary Raimondi – Employment Litigation
- Christopher Russo – Professional Liability
- Lisa Shrewsberry – Professional Liability
- Stephen Straus – Insurance Coverage
Lisa Shrewsberry was also selected to the Top 25: 2024 Westchester County Super Lawyers® list.
Read the full story...Reprinted courtesy of
Traub Lieberman
Civil Engineers: Montana's Infrastructure Grade Declines to a 'C-'
December 23, 2024 —
American Society of Civil EngineersHelena, MT — The Montana Section of the
American Society of Civil Engineers (ASCE) today released the
2024 Report Card for Montana's Infrastructure, assigning 14 categories of infrastructure a cumulative grade of 'C-', which is on par with the national average from the
2021 Report Card for America's Infrastructure. This is a one-notch decrease from the 'C' grade Montana received in its last report in 2018, citing increasingly severe weather events putting strain on aging and underfunded assets, and one of the fastest growing populations requiring expansions of transportation, water and energy infrastructure.
The report includes the first-ever chapter on Montana's broadband infrastructure, assigning an 'I' grade for 'incomplete' due to a lack of sufficient condition data; however, the chapter does note that 71% of Montana residents have access to adequate broadband service, and the IIJA provided nearly $630 million to expand this access across the state.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.
Taking Advantage of New Tax Credits and Prevailing Wage Bonuses Under the Inflation Reduction Act for Clean Energy Construction Projects
September 02, 2024 —
Abby Bello Salinas, Jennifer Harris & Sahara Mokhtari - ConsensusDocsIntroduction: IRA Boosts U.S. Construction Industry
On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (the “IRA”) into law.[1] The IRA marked a legislative milestone for clean energy in the United States in part by providing funding mechanisms for clean energy infrastructure projects. This new emphasis on green projects has already created a surge of opportunities across the construction industry—the Internal Revenue Service (“IRS”) estimates that IRA clean energy projects will create over 1.5 million jobs over the next decade.[2]
But what can contractors do to take advantage of IRA incentives to reduce costs, build a reliable workforce, and gain a competitive advantage in the new infrastructure landscape created by the ever-increasing number of IRA-related projects? The IRS Final Rule, 89 FR 53184 (29 CFR 1), effective August 26, 2024, provides some guidance by outlining the increased credits and deductions available to taxpayers that satisfy the criteria under the IRA, such as prevailing wage and registered apprenticeship requirements.
Reprinted courtesy of
Abby Bello Salinas, Peckar & Abramson, P.C.,
Jennifer Harris, Peckar & Abramson, P.C. and Sahara Mokhtari, Georgetown Law Class of 2025
Ms. Salinas may be contacted at asalinas@pecklaw.com
Ms. Harris may be contacted at jharris@pecklaw.com
Read the full story...
ASCE Statement on House Passage of the Water Resources Development Act of 2024
August 05, 2024 —
Marsia Geldert-Murphey, P.E., President of the American Society of Civil EngineersWASHINGTON — The American Society of Civil Engineers (ASCE) commends the House of Representatives for passing H.R. 8812, the bipartisan Water Resources Development Act (WRDA) for 2024. The House WRDA 2024 bill will help improve America's ports and inland waterways, enhance flood risk management and storm risk reduction programs, and prioritize ecosystem restoration. While we urge the Senate to swiftly vote on its version of WRDA, we are encouraged that our nation's critical water resources infrastructure remains a congressional priority.
The House version of WRDA includes several key provisions to enhance the safety of America's dams and levees, which each received a 'D' on the 2021 Report Card for America's Infrastructure, as well as provisions to modernize the nation's inland waterways system, which received a 'D+' in the 2021 Report Card. This includes one of ASCE's top legislative priorities for this year, the reauthorization of the National Dam Safety Program through 2028. But beyond the reauthorization, this bill reduces restrictions on the amount of funds states can receive in National Dam Safety Program State Assistance Grants; improves access to the High Hazard Potential Dam Rehabilitation Grant Program; and requires the incorporation of low-head dams into the National Inventory of Dams. Each of these provisions are critical to ensuring the long-term safety of our nation's dams and ASCE applauds the House for their inclusion. Furthermore, ASCE was pleased to see that the House legislation extends the National Levee Safety Program through 2033, which will help support the establishment of state levee safety programs, develop and publish national guidelines for levee safety, and enhance flood protection nationwide.
While these measures are not included in the Senate version of WRDA, we encourage lawmakers to ensure they are included in a final conference version of the bill.
We thank the House of Representatives for moving forward WRDA 2024 and strongly encourage the Senate to pass its version so that Congress can keep this vital water resources legislation on a biennial schedule and ensure our nation's dams, levees, ports, and inland waterways can support the American economy and protect public safety.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.
Real Estate & Construction News Roundup (10/1/24) – Hybrid Work Technologies, AI in Construction and the Market for Office Buildings
November 05, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, commercial mortgage bond market in trouble, commercial real estate investments, pressure on mortgage REITs, and more!
- Short-term issues facing U.S. commercial real estate have made it an investment opportunity and values have bottomed out. (CNBC)
- As organizations report plans to shake up their real estate portfolios, the flight to quality spurs interest in space planning, amenities and hybrid work technologies. (Joe Burns, Facilities Dive)
- The conversation about AI’s potential benefits and risks has been a common refrain in construction recently. (Matthew Thibault, Construction Dive)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Athens, Ohio, Sues to Recover Nearly $722,000 After Cyber Attack
January 21, 2025 —
Jeff Yoders - Engineering News-RecordIn November, Athens, Ohio, officials sent nearly $722,000 to a bank account they believed was set up by its contractor, Pepper Construction, to receive payment for its work on a fire station headquarters. The request was actually a sophisticated cyber attack that took advantage of a construction payment system that often does not allow clients processing invoices to directly know those behind the email addresses making the requests.
Ninth Circuit Affirms Duty to Defend CERCLA Section 104 (e) LetterGuarantor’s Liability on Partially Secured Debts – The Impacts of Pay Down Provisions in Serpanok Con
Senate Overwhelmingly Passes Water Infrastructure Bill
Edinburg School Inspections Uncovered Structural Construction Defects
Drastic Rebuild Resurrects Graves' Landmark Portland Building
Lucky No. 7: Seventh Circuit Court of Appeals Issues Pro-Policyholder Decision Regarding Additional Insured Coverage for Upstream Parties
Warning! Danger Ahead for Public Entities
Failure to Meet Code Case Remanded to Lower Court for Attorney Fees
South Carolina “Your Work” Exclusion, “Get To” Costs
Certified Question Asks Washington Supreme Court Whether Insurer is Bound by Contradictory Certificate of Insurance
Construction Litigation Roundup: “I Never Had a Chance”
Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations
Judge Who Oversees Mass. Asbestos Docket Takes New Role As Chief Justice of Superior Court
Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product
Hybrid Contracts for The Sale of Goods and Services and the Predominant Factor Test
No Coverage for Home Damaged by Falling Boulders
Review of Recent Contractors State License Board Changes
Is a Violation of a COVID-19 Order the Basis For Civil Liability?
COVID-19 Response: Essential Business Operations: a High-Stakes Question Under Proliferating “Stay at Home” Orders
2011 West Coast Casualty Construction Defect Seminar – Recap
Beverly Hills Voters Reject Plan for Enclave's Tallest Building
The G2G Mid-Year Roundup (2022)
Homebuyers Aren't Sweating the Fed
'You're Talking About Lives': The New Nissan Stadium
Florida Adopts Less Stringent Summary Judgment Standard
Shaken? Stirred? A Primer on License Bond Claims in California
Construction Defect Claim not Barred by Prior Arbitration
Carolinas Storm Damage Tally Impeded by Lingering Floods
Claim for Punitive Damages Based on Insurers' Alleged Bad Faith Business Practices Fails
Risk Management for Condominium Conversions
Insurance Law Client Alert: California Appeals Court Refuses to Apply Professional Services Exclusion to Products-Completed Operations Loss
Because I Haven’t Mentioned Mediation Lately. . .
More on Duty to Defend a Subcontractor
Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum
Morrison Bridge Allegedly Crumbling
Top 10 Insurance Cases of 2023
When Licensing Lapses: How One Contractor Lost a $1 Million Dispute
Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue
Newmeyer & Dillion Attorneys Selected to the 2016 Southern California Super Lawyers Lists
Insurer Has Duty to Defend Faulty Workmanship Claim
Connecticut Gets Medieval All Over Construction Defects
No Duty to Indemnify When Discovery Shows Faulty Workmanship Damages Insured’s Own Work
Supply Chain Delay Recommendations
Shea Homes CEO Receives Hearthstone Builder Humanitarian Award
Your Construction Contract
When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?
Hawaii State Senate Requires CGL Carriers to Submit Premium Information To State Legislature
When is Construction Put to Its “Intended Use”?
Options When there is a Construction Lien on Your Property
Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference
Apartment Boom in Denver a Shortcut Around Condo Construction Defect Suits?
Court of Appeal Puts the “Equity” in Equitable Subrogation
