Construction Articles
February 19, 2010
Sean Hanlon - Holland & Hart LLP The economic loss rule is a rule frequently invoked in construction
disputes that operates to limit the types of damages that can be
recovered. Understanding the limits of the economic loss rule requires a
party to examine (1) the source of the duty at issue and (2) the nature of
the property damage claimed. Full Story
February 19, 2010
Jeffrey Marley Zalkin - LeClair Ryan NEW YORK, N.Y. (2/8/10) – The collapse of the U.S. housing and
mortgage-backed securities markets has raised the stakes in real estate
workouts and loan negotiations as never before—and both investors
and legal professionals must retool their strategies to reflect these new
realities, advised veteran bankruptcy and construction attorney Jeffrey M.
Zalkin, a partner in LeClairRyan, based in the firm’s New York
office. Full Story
February 19, 2010
Garrett Miller - Smith, Currie, & Hancock LLP Under the Federal Acquisition Regulation, the Differing Site Conditions
clause at FAR § 52.236-2 is a mandatory clause in most fixed-price
federal government contracts. This provision operates to shift the risk of
certain unforeseen physical conditions to the government. As
discussed in Chapter 7 of Smith Currie’s Federal Government
Construction Contracts (John Wiley & Sons, 2008), the basic tests
to establish entitlement to relief under that clause are well established. Full Story
February 19, 2010
Barbara Ruth & Michael A. Gillen - Duane Morris LLP The U.S. Department of Housing and Urban Development (HUD) recently issued
new rules that modify the Real Estate Settlement Procedures Act (RESPA).
RESPA is a consumer-protection statute that was enacted to (1) help
consumers become better shoppers for settlement services and (2) eliminate
kickbacks and referral fees that unnecessarily increase the costs of
certain settlement services. Loans secured with a mortgage placed on a
one-to-four-family residential property are governed by RESPA. These loans
include most purchase loans, assumptions, refinances, property improvement
loans, and equity lines of credit. HUD's Office of RESPA and Interstate
Land Sales is responsible for enforcing RESPA. Full Story
January 25, 2010
Edward Gentilcore of Duane Morris and James L. Bly of Marsh Outlined below, the presenters from Going Green! Understanding
the Risks and Liabilities of Green Building offer the top
considerations for leaders tasked with identifying the risks and
opportunities inherent in green design, construction and ownership. Full Story
January 25, 2010
Steven Lauck, PMP - Lauck PM Consultants Now that I have your attention, one of the communication tools that project
teams use or should be using are Meeting Minutes. Meeting Minutes record
information shared,commitments, documents distributed or presented,
approvals, denials, completedactions and new actions. Full Story
January 25, 2010
Steve Parker - RaiderPainting.com Engineering structures that are built at least partly underground need to
be waterproofed for protection from water infiltration due to close
contact with the surrounding ground. One common method involves the
application of waterproofing materials to the interior and exterior walls
of the structure, including the floors, to completely create a watertight
seal against ground contact. The waterproofing contractor installs the
system either during building construction or later as a retrofit
application for remedial waterproofing. Full Story
January 25, 2010
Ruth Perryman - QB Specialists Builders and contractors who purchase land and then develop it have to
comply with accounting requirements for revenue and expense recognition
that are a little different and require a some modification of the
standard QuickBooks set up. The accounting rule is that revenue and costs
are not to be recognized on financial statements as income and expense
until the job is complete, or in some cases as certain milestones are
completed for the job. Full Story