ABC Announces Disaster Relief Efforts and Resources Following Hurricane Milton
October 15, 2024 —
ABC - Construction ExecutiveHURRICANE RELIEF
Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee were hit with
Hurricane Helene, and now Florida is facing additional damage from
Hurricane Milton, which is expected to make landfall on Wednesday, Oct. 9. Damages from Helene have already been catastrophic, and our hearts and prayers go out to all currently affected and those who may be in the path of Milton. Florida Gov. DeSantis has
declared a state of emergency for 51 counties ahead of this impending storm.
Donate to the ABC Cares Foundation via the online portal.
The ABC Florida East Coast chapter and the ABC Cares Foundation Inc. are committed to assisting communities impacted by Hurricanes Helene and Milton. 100% of donations made to the ABC Cares Foundation—an IRS 501(c)(3)—for this purpose will be restricted, directly supporting regional needs, and are 100% tax deductible.
Donate to the American Red Cross through ABC’s donation portal.
Your Red Cross disaster relief gift will help people whose lives have been upended by wildfires, storms, floods and countless other crises. This custom website tracks donations by the ABC community and can be dedicated to a friend or loved one.
Donate
Reprinted courtesy of
ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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When Cyber Crooks Steal Payments, Think Insurance Makes Up The Loss? Think Again.
November 18, 2024 —
Richard Korman - Engineering News-RecordIn Summer 2023, the payment system for a small office and warehouse project that Beck Properties was developing for itself in South St. Paul, Minn., seemed to be running smoothly. Emails were criss-crossing back and forth and paper checks were landing in mailboxes.
Reprinted courtesy of
Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com
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Los Angeles Wildfires Rage on, Destroying Structures and Displacing Residents
January 14, 2025 —
Aileen Cho - Engineering News-RecordWildfires in Los Angeles have already destroyed thousands of buildings, but the full extent of the damage will not be known for some time, according to local officials during a media briefing Jan. 9.
Read the full story...Reprinted courtesy of
Aileen Cho, Engineering News-RecordMs. Cho may be contacted at
choa@enr.com
NYC Landlord Accused of Skirting Law With Rent-Free Months Offer
October 15, 2024 —
Natalie Wong - BloombergThe opening of Tower 28, one of the tallest residential towers in New York City outside Manhattan, brought rent-stabilized units to Long Island City roughly seven years ago, adding affordable listings to a neighborhood where soaring prices were increasingly squeezing out many renters.
Now, three tenants at the 58-story building have filed a class-action lawsuit alleging the landlord sought to evade New York City rent regulations in order to raise prices even higher over time.
The lawsuit against the limited liability company tied to 42-12 28th St. in Queens claims that the property owner recorded initial rents with the New York State Division of Housing and Community Renewal that were higher than what the first tenant was actually charged and paid. In doing so, any future rent increases were based off a higher figure, according to the lawsuit.
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Natalie Wong, Bloomberg
New York's New Gateway: The Overhaul of John F. Kennedy International Airport
September 09, 2024 —
Aileen Cho - Engineering News-RecordOn the cusp of the 70th anniversary of the originally named New York Airport’s opening in Queens, N.Y., a blue-ribbon panel in 2017 released a report to the governor of New York: The facility, once popularly known as Idlewild Airport, needed a comprehensive master plan and a total transformation. In the seven years since, builders at John F. Kennedy International Airport have been anything but idle, and the speed at which that $19-billion transformation of the roads and terminals is occurring could be called wild.
Reprinted courtesy of
Aileen Cho, Engineering News-Record
Ms. Cho may be contacted at choa@enr.com
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2024 Update to CEB’s Mechanics Liens Now Available
October 15, 2024 —
Garret Murai - California Construction Law BlogFor a number of years we have had the honor to serve as update authors for several publications of California’s Continuing Education of the Bar (CEB).
I didn’t realize it until now but the CEB, a program of the University of California, was started
more than 75 years ago following WWII to provide veterans who were attorneys with practical guidance on changes to the law as they returned to their practices following the war. Pretty cool!
Reprinted courtesy of
Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com
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Chutes and Ladders...and Contracts.
November 25, 2024 —
Daniel Lund III - LexologyA contractor which designed and constructed a hydroelectric plant in Guatemala sued under the Federal Arbitration Act in federal court in Florida to overturn a project-related arbitration decision, “on the basis that the Tribunal had exceeded its powers.” That petition was denied based upon Eleventh Circuit precedent which foreclosed that challenge under the FAA for an arbitration conducted “under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,” a.k.a., the “New York Convention.”
The U. S. 11th Circuit initially affirmed the lower court decision, but then upon an en banc rehearing reversed: holding that in a New York Convention case where the arbitration seat is in the U. S., or where United States law governs the arbitration conduct, “Chapter 1 of the FAA provides the grounds for vacatur of the arbitral award. … § 208 of the FAA provides that ‘Chapter 1 applies to actions and proceedings brought under [Chapter 2] to the extent that chapter is not in conflict with [Chapter 2] or the [New York] Convention as ratified by the United States.’ …Chapter 1 of the FAA… thus acts as a gapfiller and provides the vacatur grounds for an international arbitration award otherwise governed by Chapter 2.”
Read the full story...Reprinted courtesy of
Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
Construction Litigation Roundup: “Give a Little Extra …”
July 31, 2024 —
Daniel Lund III - LexologySurplus lines insurers in Louisiana are considered by the state to be “an alternative type of property and casualty insurance coverage for consumers who cannot get coverage on the standard market … for specialty risk or high-risk situations….”
As a quid pro quo for undertaking the exceptional risk, a surplus lines insurer argued to the United States Fifth Circuit Court of Appeals that an arbitration clause within its surplus line policy should be enforceable, notwithstanding a Louisiana statute applying to the insurance industry and prohibiting terms in insurance policies “delivered or issued for delivery” in Louisiana which have the effect of “[d]epriving the courts of this state of the jurisdiction or venue of action against the insurer.” La. R.S. 22:868.
Historically in Louisiana, arbitration clauses have been understood to divest courts of jurisdiction, and, consequently, §22:868 has been held to memorialize an “anti-arbitration policy,” although the statute does not specifically mention arbitration.
Read the full story...Reprinted courtesy of
Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
