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Rejected red stamp

Engineer who conducted inspection says all documents are now submitted.

North Miami Beach Rejects as Incomplete 2nd Engineering Inspection Report From Evacuated Condo

Sunday, July 25, 2021 — Richard Korman - Engineering News-Record

North Miami Beach has rejected a new engineering inspection report provided by the Crestview Towers condominium association, keeping about 300 evacuated residents from returning to their apartments and raising new questions about engineering inspection reports in the aftermath of the Champlain Towers South collapse.

Reprinted courtesy of Richard Korman, Engineering News-Record

Mr. Korman may be contacted at kormanr@enr.com

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Businessman walking through storm toward city

“We’re doing everything that we can — everything possible — until we feel that we’ve delayered every floor," the fire chief said.

Search in Florida Collapse to Take Weeks; Deaths Reach 90

Sunday, July 25, 2021 — The Associated Press (Freida Frisaro & Bobby Caina Calvan) - Bloomberg

Authorities searching for victims of a deadly collapse in Florida said Sunday they hope to conclude their painstaking work in the coming weeks as a team of first responders from Israel departed the site.

Miami-Dade County Mayor Daniella Levine Cava said 90 deaths have now been confirmed in last month's collapse of the 12-story Champlain Towers South in Surfside, up from 86 a day before. Among them are 71 bodies that have been identified, and their families have been notified, she said. Some 31 people remain listed as missing.

The Miami-Dade Police Department said three young children were among those recently identified.

Crews continued to search the remaining pile of rubble, peeling layer after layer of debris in search of bodies. The unrelenting search has resulted in the recovery of over 14 million pounds (about 6.4 million kilograms) of concrete and debris, Levine Cava said.

Reprinted courtesy of Bloomberg

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Architect carrying plans through corridor

An unlicensed contractor may be barred from asserting claims or collecting payments for work already performed.

“License and Registration, Please.” The Big Risk of Getting Busted for Working without a Proper Contractor’s License

Sunday, July 25, 2021 — Christopher A. Henry & Mia Hughes - ConsensusDocs

The need for contractors to maintain the proper contracting license may seem like a mundane, clerical detail, and generally is just that. If, however, the contractor ignores or mishandles paperwork and the proper license is not in hand, licensing may go from a mundane, clerical detail to a financial catastrophe. An unlicensed contractor may be barred from asserting claims or collecting payments for work already performed; the contractor may even be required to return payments for unlicensed work performed.

A recent case in Georgia, a state that had no state-wide general contractor’s license requirement in effect until 2008 illustrates the risk of unlicensed work.[1] In Saks Management and Associates, LLC v. Sung General Contracting, Inc.,[2] the court ruled that without a license the general contractor did not have the right to enforce a contract. The contractor’s claims for payment failed, and the mundane, clerical error led a major financial loss. This disastrous result for the Georgia contractor is far from an outlier, and is a real risk in many states.

Reprinted courtesy of Christopher A. Henry, Jones Walker LLP and Mia Hughes, Jones Walker LLP
Mr. Henry may be contacted at chenry@joneswalker.com


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Preparing the Construction Workforce for an Upswing

July 25, 2021 — Pamela A. Scott - Construction Executive

Are architecture, engineering and construction (AEC) firms prepared for an upswing? More than 80% of CEOs participating in a conference board roundtable see improved economic conditions in the coming months, the highest confidence level since 2004, according to Axios.

While some AEC markets declined during the pandemic, others experienced growth. For example, warehouse construction grew from approximately one-quarter of put-in-place commercial construction in 2015 to nearly half in 2020, representing approximately 18% growth year-over-year. For many AEC companies, 2021 will be a “bridge year,” of recovery in preparation for a possible upswing in 2022.

Reprinted courtesy of Pamela A. Scott, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.

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New Hampshire Court Finds Hoteliers Sustained Covered COVID-19 BI Loss

July 25, 2021 — Jonathan O. Aihie & Michael S. Levine - Hunton Insurance Recovery Blog

On Tuesday, a New Hampshire trial court awarded summary judgment to the owner of scores of hotels after finding that the hotels sustained covered “physical loss of or damage to” insured property caused by the pandemic presence of COVID-19 and its viral agent, SARS-CoV-2. The merits ruling is yet another recent victory for policyholders who continue to make headway against an early wave of insurance company dismissals, most of which, unlike the ruling on Tuesday, never considered evidence in support of their decisions.

Reprinted courtesy of Jonathan O. Aihie, Hunton Andrews Kurth and Michael S. Levine, Hunton Andrews Kurth
Mr. Aihie may be contacted at jaihie@HuntonAK.com
Mr. Levine may be contacted at mlevine@HuntonAK.com

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New York May Miss the Window to Convert Hotels to Affordable Housing

July 25, 2021 — Martin Z Braun - Bloomberg

Hotel vacancies during the Covid-19 pandemic have created a once-in-a-generation opportunity to quickly expand affordable housing in some of America’s most expensive regions.

Lawmakers in California and New York have acted on the moment with new policies. But so far, New York is proposing to spend too little, and at too slow a pace, to seize the opportunity, advocates say. California, meanwhile, has taken a more aggressive approach that has already helped create about 6,000 new units of housing.

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The 41st IRMI Construction Risk Conference with In-Person and Virtual Options

July 25, 2021 — Beverley BevenFlorez – CDJ Staff

The annual IRMI Construction Risk Conference will offer the choice between attending In-Person or Virtually. On November 7th-10th, the live portion will be held in San Diego, while a condensed version will stream November 8th-9th. The live portion will “feature exclusive sessions, short-form Snap Talks, a Construction Risk and Insurance Specialist (CRIS®) course, and the popular IRMI Boot Camp, a 3-day program for risk and insurance professionals new to the construction industry.”

November 7th-10th, 2021
In-Person & Virtual Event
Hilton San Diego Bayfront
1 Park Blvd.
San Diego, CA 92101

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Hand on alarm clock

There are numerous methodologies used to quantify and allocate delay.

Construction Delays: Which Method Should Be Used to Calculate Delay?

Sunday, July 25, 2021 — David Adelstein - Florida Construction Legal Updates

If you need to prove and allocate construction project delays, you should engage a scheduling consultant qualified with CPM (critical path method) analysis. You should also engage counsel to assist in preserving your rights, as well as presenting and maximing your arguments for delay.

There are numerous methodologies used to quantify and allocate delay. You want to discuss the most effective analysis for your case and facts including whether you want/should use a forward-looking prospective analysis or a backward-looking retrospective analysis that factors in as-built data. In doing so, you want to make sure you understand the pros and cons of each methodology including the bases to attack the methodology that will be subject to cross-examination. The five primary CPM methodologies are as follows:

  1. As-Planned Versus As-Built. This methodology compares the as-planned baseline schedule to an as-built schedule reflecting progress to assign delay. An as-built schedule that reflects progress includes actual start dates, finish dates, and durations. The actual dates and durations are compared with the as-planned dates and durations on the baseline schedule to determine delay. Under this methodology, the delay impact is determined retrospectively.
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.

Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Risk reward buttons

Both landlords and tenants could benefit greatly from the incorporation of sustainability into building designs and the adoption of all-electric building systems.

The Risks and Rewards of Sustainable Building Design

Sunday, July 25, 2021 — Caroline A. Harcourt & Adam Weaver - Gravel2Gavel

The shift towards a “greener” environment has resulted in cities and states implementing electrification mandates, which will have a major impact on both current and future building design. Currently, most commercial and residential end users are already all-electric. However, there are some exceptions, such as space and water heating, that use a significant amount of energy. Several states, including California and New York, have cities that have introduced legislation requiring new construction to be all-electric. This means, for example, using electricity for heating rather than fossil fuels such as natural gas. Mandate or not, building owners and developers should consider the risks and rewards of an all-electric design.

General Rewards

  • Reaching Climate Goals: As part of the Clean Energy Plan, as described in a previous post, President Biden has created a goal for the United States of achieving a carbon pollution-free American utility sector by 2035. Because residential and commercial building account for 40 percent of energy consumption in the United States, all-electric building designs will help governments and businesses reach the ambitious climate goals that have been set for the coming years.

Reprinted courtesy of Caroline A. Harcourt, Pillsbury and Adam Weaver, Pillsbury
Ms. Harcourt may be contacted at caroline.harcourt@pillsburylaw.com
Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com


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Judges standing behind bench

The conviction brought to an end the only case of Paycheck Protection Program fraud involving a substantial construction contractor.

Judge Sentences Roofing Contractor Owner in Florida PPP Fraud Case

Sunday, July 25, 2021 — Richard Korman - Engineering News-Record

A federal judge in Fort Myers, Fla., sentenced Casey David Crowther, 35, the owner of a successful Florida roofing contracting company, to 37 months in prison for using fictitious employee lists to obtain a $2.7-million federal pandemic-aid loan and then purchasing a $689,000 boat with the funds.

Reprinted courtesy of Richard Korman, Engineering News-Record

Mr. Korman may be contacted at kormanr@enr.com

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Report on typewriter

The report to the President of the United States examines how buildings can protect and promote public health.

NIBS Consultative Council Issues Moving Forward Report on Healthy Buildings

Sunday, July 25, 2021 — National Institute of Building Sciences

(WASHINGTON, DC, July 13, 2021) – The National Institute of Building Sciences Consultative Council has issued its 2020 Moving Forward Report, looking closely at the importance of healthy buildings.

The report examines how buildings can protect and promote public health, providing recommendations for President Biden and policymakers on three components of healthy buildings: indoor environmental quality, the importance of design in promoting health, and promoting knowledge transfer between building owners and public health officials.

“Ensuring that the spaces where we live and work are healthy and safe for continued occupancy is critical to overcoming the pandemic,” said Lakisha A. Woods, CAE, President and CEO of NIBS. “This is a fundamental pillar of public health and community resilience. The concept of healthy buildings goes well beyond continual sanitation of a building’s indoor environment to eliminate pathogens.”

About NIBS
National Institute of Building Sciences brings together labor and consumer interests, government representatives, regulatory agencies, and members of the building industry to identify and resolve problems and potential problems around the construction of housing and commercial buildings. NIBS is a nonprofit, non-governmental organization. It was established by Congress in 1974. For more information, visit nibs.org or follow @bldgsciences on Twitter and Facebook.



Businessman in super hero pose wearing cape

15 attorneys from the Wilke Fleury firm were featured in the Annual List of Top Attorneys in the 2021 Northern California Super Lawyers magazine.

Wilke Fleury Attorneys Featured In Northern California Super Lawyers 2021!

Sunday, July 25, 2021 — Wilke Fleury LLP

Wilke Fleury is proud to announce that 15 of our astounding attorneys were featured in the Annual List of Top Attorneys in the 2021 Northern California Super Lawyers magazine.

Super Lawyers rates attorneys in each state using a patented selection process; they also publish a yearly magazine issue that regularly produces award-winning features on selected attorneys. 1 of 15, Michael Polis, was also recognized on Page 9. Polis’ second job as a farmer was highlighted with a column and some neat photos.

Reprinted courtesy of Wilke Fleury LLP
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Businesswoman with hands up in warning stop

Attorney Tred R. Eyerly discusses Southern-Owners Ins. Co. v Marquez.

Court Dismisses Coverage Action In Lieu of Pending State Case

Sunday, July 25, 2021 — Tred R. Eyerly - Insurance Law Hawaii

The insurer's coverage action was dismissed by the federal court in favor of the pending case in state court. Southern-Owners Ins. Co. v Marquez, 2021 U.S. Dist. LEXIS 108125 (S.D. Fla. May 4, 2021).

The underlying lawsuit was filed because of of an incident involving a golf cart on a sidewalk owned by the AOAO. The Marquezes owned the golf cart that injured the Murphy's child.

Southern-Owners issued a CGL policy to the AOAO. The Marquezes submitted a claim to Souther-Owners for coverage in the underlying lawsuit as additional insureds under the policy. Southern-Owners defended the AOAO and the Marquezes in the underlying lawsuit pursuant to a reservation of rights. The underlying complaint alleged that the Marquezes negligently permitted their daughter to operate the golf cart on the AOAO's pedestrian walkway. Further, the AOAO negligently failed to reasonably maintain the premises.

Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert

Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Miami River Condo Owners Hit with $1 Million Special Assessment for Concrete Fix

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Woman with muscles

Lewis Brisbois remains committed to the values of diversity, equity, and inclusion, and to furthering its efforts in these areas.

Lewis Brisbois Ranks Among Top 25 Firms on NLJ’s 2021 Women in Law Scorecard

Sunday, July 25, 2021 — Jana Lubert - Lewis Brisbois

Lewis Brisbois has been ranked among the top 25 law firms included in the National Law Journal's (NLJ) 2021 Women in Law Scorecard (Women’s Scorecard), moving up from 27th place to 23rd place this year. In addition, of the top 25 firms in the Women’s Scorecard, Lewis Brisbois had the highest number of female minority partners.

The Women’s Scorecard is produced as part of the annual NLJ 500 firm head count report, and only the largest 350 firms are eligible to be included on the scorecard. A firm’s score is determined by adding the percentage of female attorneys and percentage of female partners. Diversity staffing counts were based on a firm’s average full-time attorneys in 2020, excluding contract and temporary attorneys.

Reprinted courtesy of Jana Lubert, Lewis Brisbois

Ms. Lubert may be contacted at Jana.Lubert@lewisbrisbois.com

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High rise showing climate change

Officials cite issues with quality, oversight at some projects.

China Bans Tallest Skyscrapers Following Safety Concerns

Sunday, July 25, 2021 — Bloomberg News

China is prohibiting construction of the tallest skyscrapers to ensure safety following mounting concerns over the quality of some projects.

The outright ban covers buildings that are taller than 500 meters (1,640 feet), the National Development and Reform Commission said in a notice Tuesday. Local authorities will also need to strictly limit building of towers that are more than 250 meters tall.

The top economic planner cited quality problems and safety hazards in some developments stemming from loose oversight. A 72-story tower in Shenzhen was closed in May for checks following reports of unexplained wobbling, feeding concern about the stability of one of the technology hub’s tallest buildings.

Construction of buildings exceeding 100 meters should strictly match the scale of the city where they will be located, along with its fire rescue capability, the commission said.

“It’s primarily for safety,” said Qiao Shitong, an associate law professor at the University of Hong Kong who studies property and urban law. Extremely tall buildings “are more like signature projects for mayors and not necessarily efficient.”

Reprinted courtesy of Bloomberg
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Construction worker in site

This gives contractors a much needed safety net.

California Contractors: Amended Section 7141.5 Provides Important License Renewal Safety Net

Sunday, July 25, 2021 — Amy L. Pierce, Mark A. Oertel, John Lubitz & Adam B. Wiens - Lewis Brisbois

Under California’s Contractors State License Law, Cal. Bus. & Prof. Code §§ 7000 et seq., contractors’ licenses expire two years from the last day of the month in which the license was issued or two years from the date on which the renewed license last expired. The Contractors State License Board (CSLB) sends licensees a renewal application 60 to 90 days in advance of the date the license is set to expire. Even with various controls in place, mistakes happen and a renewal application filing deadline can be missed.

During the August 5-6, 2019 Executive, Licensing, and Legislative Committee Meetings, the CSLB discussed proposed amendments to Section 7141.5 to reduce both the burden on it to review applications for retroactive renewal of a license that had not been timely submitted and to provide contractors with some relief from the high burden to establish “the failure to renew was due to circumstances beyond the control of the licensee.” Not long after, the CSLB’s Board of Directors gave staff approval to seek an author for the bill and, on September 29, 2020, Governor Newsom signed Senate Bill 1474 into law, which includes the CSLB’s proposed amendments to Section 7141.5, effective January 1, 2021.

Reprinted courtesy of Amy L. Pierce, Lewis Brisbois, Mark A. Oertel, Lewis Brisbois, John Lubitz, Lewis Brisbois and Adam B. Wiens, Lewis Brisbois

Ms. Pierce may be contacted at Amy.Pierce@lewisbrisbois.com
Mr. Oertel may be contacted at Mark.Oertel@lewisbrisbois.com
Mr. Lubitz may be contacted at John.Lubitz@lewisbrisbois.com
Mr. Wiens may be contacted at Adam.Wiens@lewisbrisbois.com



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Businessman with thumbs up

Seemingly temporary solutions have spawned positive trends that are here to stay.

Construction Industry Outlook: Building a Better Tomorrow

Sunday, July 25, 2021 — Michael Alberico - Construction Executive

COVID-19 plunged the business world into one of the most challenging times not seen since the Great Depression. The construction industry, deemed an essential business, had to quickly innovate to find new ways of working to weather this storm. Several of these seemingly temporary solutions have spawned positive trends that are here to stay.
Not Just Green, But Healthy Too

The safety culture that exists on today’s jobsites helped contractors stay productive through the pandemic. However, because of the pandemic, project owners and construction firms are evaluating their sites from a new perspective. In a recent meeting, the construction head for a healthcare system stated he knows a safe jobsite but doesn’t know what he doesn’t know about a healthy site.

Reprinted courtesy of Michael Alberico, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.


Mr. Alberico may be contacted at malberico@assuranceagency.com

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Builders Standard of Care Expert Witness and Consulting General Contractor area area area

Builders Standard of Care Expert Witness and Consulting General Contractor area area area

Builders Standard of Care Expert Witness and Consulting General Contractor area area area

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