Publication

Effective November 7, 2022, the NYC Building Code (“BC”) now requires applicants for new construction projects to file with the Department of Buildings additional documents including valuable, detailed information about the project’s below-grade environment. Much consideration is to be given to the project’s likely impact on neighboring properties, with the focus on foundation and “earth” support. An additional new requirement involving supported scaffolding is also expected to be relevant to many neighboring property owners. These new filing obligations will likely add a further layer to already-intricate – and often strained – access-license-agreement negotiations that have become increasingly more prevalent in the city.

To read a full, expanded version of this article, click here.

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Over the summer, the Tennessee Court of Appeals issued an opinion that was important not only in its own right but also because it directly reversed the position taken by the Court in a string of prior cases involving near-identical disputes. See Simpkins v. John Maher Builders, Inc., No, M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. Ct. App. May 4, 2022). More specifically, in Simpkins, the Tennessee Court of Appeals held that both the three-year statute of limitations for injury to real property and the six-year statute of limitations for breach of contract could apply in a single construction defect action.

To read a full, expanded version of this article, click here.

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Current AIA standard form agreements allow for a choice between binding arbitration or litigation, with a further option to enforce mediation as a condition precedent to proceeding with the selected dispute resolution method. Each option has its advantages and disadvantages - and one option does not fit all cases. This article aims to illustrate the key advantages and disadvantages of pursuing arbitration, litigation, and/or mediation as a condition precedent.

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Charleston Partner Brittany Bihun obtained a defense award in an arbitration for a large national homebuilder. A single-family homeowner brought claims against the homebuilder for construction defects, alleging slope of the property was deficient, causing it to not properly drain. Through presentation of documentary evidence as well as fact and expert testimony, Bihun established that the home met all contractual and code requirements.

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Partner Allen Estes has been selected to serve as a fellow with the American College of Construction Lawyers. The ACCL is a national organization of lawyers who have demonstrated skill, experience and high standards of professional and ethical conduct in the practice, or in the teaching, of construction law, and who are dedicated to excellence in the specialized practice of construction law. Estes is one of only four fellows in Washington State and the first Gordon & Rees attorney to be invited. Read more.

Dallas Partner Christopher Norcross was elected to serve as a Council Member at Large for the Board of the Construction Law Section of the Dallas Bar Association ("DBA") for 2023. The DBA’s construction law section is second in size only to the Construction Law Section of the State Bar of Texas. As such, it advocates for and heavily influences construction-related policies and legislation within the State of Texas. Read more.

Partner Todd Regan authored a feature article, "Pulling the Plug: What to Know about Contract Termination for Cause after Substantial Completion of a Project," published by Construction Executive Magazine's November 2022 issue. The article examines the circumstances in which a contractor may be terminated by the project owner for cause after the project has reached substantial completion, particularly when the owner seeks to pursue a performance bond claim. Read more.

On October 19, 2022, Louisville Partner Angela Richie presented "Back to the Future: Exploring Steel Industry Tech from a Legal Perspective" for the SDS2 Summit 2022 in San Antonio, Texas. The presentation featured an in-depth look at steel technology and its legal impacts.

On October 25, 2022, New York Partner Virginia Trunkes and San Francisco Partner Lindsey Romano presented a client webinar entitled, "Navigating the Pathways and Pitfalls In Health Care Real Estate and Construction." A link to the presentation can be found here.

On October 4, 2022, Louisville Partner Denise Motta, San Francisco Senior Counsel Catherine Delorey, and Los Angeles Senior Counsel Victoria Kajo presented a client webinar entitled, "Don’t Be Caught Off Guard: Using Your Contract to Prove or Defend Against Damages." A link to the presentation can be found here.

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The Gordon & Rees Construction Law Blog continues to post new content addressing topical issues affecting the construction industry throughout the country. From analysis of new court decisions, discussions of timely legislation, and commentary on real-world, project-specific issues, Gordon & Rees’ Construction Law Blog provides insight on the issues that affect the construction industry now.

We invite you to visit the blog at www.grconstructionlawblog.com and see for yourself what we are up to. If you like what you see, do not hesitate to subscribe under the “Stay Connected” tab on the right side of the blog. There you can choose how you would like to be informed of new content (Twitter, LinkedIn, email, etc.). If you have any questions about the blog or would like to discuss further any of its content, please do not hesitate to contact us.

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Gordon & Rees' Construction Group consists of more than 190 lawyers in offices nationwide. In 2019, the firm opened its 68th office, creating the world’s first 50-state law firm. The full list of Gordon & Rees' offices and local contacts can be found here.

Gordon & Rees’ construction attorneys focus their practice on the comprehensive range of legal service required by all participants in the construction industry – architects, engineers, design professionals, design joint ventures, owners, developers, property managers, general contractors, subcontractors, material suppliers, product manufacturers, lenders, investors, state agencies, municipalities, and other affiliated consultants and service providers.

We serve clients who design, develop, or build all types of structures, including commercial buildings, single and multifamily residential projects, industrial facilities, universities, hospitals, museums, observatories, amusement parks, hotels, shopping centers, high-rise urban complexes, jails, airports, bridges, dams, and power plants. We also have been involved in projects for tunnels, freeways, light rail, railway stations, marinas, telecom systems, and earth-retention systems. Our experience includes private, public, and P3 construction projects.

If you have questions about this issue of the Construction Law Update or our nationwide construction practice, click here to visit our practice group page or contact partner Daniel Evans.

Daniel E. Evans
Gordon Rees Scully Mansukhani
555 Seventeenth St.
Suite 3400
Denver, CO 80202
(303) 200-6863
deevans@grsm.com

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