Maybe this is the ying to the yang of the American Society of Civil Engineers report that Paul Levin blogged about earlier this week. The Urban Land Institute and Ernst & Young just published Infrastructure 2012: Spotlight on Leadership, in which they detail how state and local governments have decided…
Gravel2Gavel Construction & Real Estate Law Blog
5 Tips for Avoiding Settlement Traps
A Bloomberg Law search reveals that more than 1,000 lawsuits have been brought in the past decade for breaches of settlement agreements. To craft a settlement that has staying power, and to avoid buyer’s remorse, both clients and their counsel should learn how to avoid the most common settlement traps.…
America in the Dark
The American Society of Civil Engineers (ASCE) just released a report titled “Failure to Act, the Economic Impact of Current Investment Trends in Electricity Infrastructure” and no, the results are not pretty. According to the report, the gap between the amount actually spent on infrastructure across America and the amount…
Whither High-Speed Rail in California?
California’s ambitious plan to build a high-speed rail system linking San Francisco and Los Angeles has been getting quite a lot of attention lately. Although the plan has some high-powered supporters in Secretary of Transportation Ray LaHood and California Governor Jerry Brown, the level of enthusiasm in Congress has been…
Public-Private Partnership Legislation in Maryland and Pennsylvania
We reported last month that Maryland was on the verge of modernizing its statutory framework for P3s, legislation heavily backed by Governor O’Malley’s administration. The proposed legislation was projected to increase the State’s capital budget by as much as $315 million and create as many as 4,000 jobs. Unfortunately for…
You can lead a horse to water, but you can’t make him enroll in your Wrap Up
A federal court in Louisiana denied a subcontractor’s coverage action against Ace Insurance because the subcontractor did not enroll in the Contractor Controlled Insurance Program. The case is Williams v. Traylor-Massman-Weeks, LLC, et al., EDLA No. 10-2309 and you can look at the pdf of the opinion here: Williams v.…
CASE NOTE: New Jersey v Perini Corp. – New Jersey’s Statute of Repose as Applied to Phased Construction
On March 30, 2012, New Jersey’s Appellate Division issued a ruling in the case of New Jersey v Perini Corp. which explains how New Jersey’s 10 year statute of repose applies to projects using phased construction. New Jersey’s statute of repose essentially provides that no action may be brought to…
2012 International Green Construction Code Announced
After three years of development, on March 28, 2012, the International Code Council (“ICC”) announced the release of its 2012 International Green Construction Code (“IgCC”). The IgCC, a milestone for bringing sustainability into the mainstream, will enable state and local governments to codify green building practice. The IgCC was developed…
LEEDing to Injury?
Could LEED certification of new buildings cause increased injury rates for construction workers? Matthew Hallowell, an assistant professor in the Civil, Environmental and Architectural Engineering Department at the University of Colorado at Boulder, thinks so. A recent set of articles authored by Hallowell and several co-authors published or in review…
“Build as Much as We Can, as Fast as We Can, Until It’s All Done!” – P3s and Colorado’s FasTracks Program
Colorado’s Regional Transportation District (RTD), the public transit provider for the Denver Metro area, is hopeful that public-private partnerships, including unsolicited P3 bids, will accelerate the completion of the FasTracks program. FasTracks, a voter-approved transit expansion program aimed at better connecting the Denver Metro area, includes 122 miles of commuter…