General – Page 10 – Duane Morris Construction Law

January 30, 2014July 27, 2014 by Duane Morris

Duane Morris’ Robert Hendrickson and Ron Oliner on “Public Works Projects and Municipal Bankruptcies”

The good news is that public works construction projects for municipalities are projected to remain a major sector of construction activity for the foreseeable future. The not-so-good news is that municipal bankruptcy filings are on the rise, and they are likely to increase. The issues facing parties under contract with a municipality when it files for bankruptcy protection are playing out nationally in places like Stockton, California, and Detroit, Michigan. Construction lawyers now more than ever need to know the risks of a public owner filing for bankruptcy protection before project completion, and what they can do in the event it does so before the project is closed out—thereby jeopardizing the owner’s ability to pay.

Click here to read the full article, written by Duane Morris partners Robert Hendrickson and Ron Oliner.

November 1, 2013July 28, 2014 by Duane Morris

Duane Morris Named Law Firm of the Year for Construction Law by U.S. News-Best Lawyers for the Second-Consecutive Year

Duane Morris’ Construction Group received a preeminent ranking in the U.S. News-Best Lawyers 2014 Best Law Firms results released today: the selection as Law Firm of the Year for Construction Law. Duane Morris is the only firm to ever hold this honor for two consecutive years.
Only one law firm is recognized as the 2014 Law Firm of the Year per practice group. According to U.S. News Best Lawyers, Duane Morris received this designation for Construction Law due to its impressive overall performance.

For the full story, please click here.

October 30, 2013July 29, 2014 by Jose A. Aquino

Department of Buildings Expands Online Filings and Approvals

The New York City Department of Buildings (“DOB”) recently announced the expansion of its online NYC Development Hub. Introduced by the DOB to facilitate the review and approval process on major construction projects, the Development Hub is a high-tech plan processing center offering faster approvals, fewer office visits to DOB and reduced paper submissions. Since its inception in October 2011, the Hub has approved more than 300 new buildings and major renovation projects.

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October 18, 2013July 28, 2014 by Richard P. Dyer

Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.

Many CGL policies typically include an endorsement that contains a clause providing for automatic additional insured status without a project specific schedule listing names of additional insureds. (See, for example, form CG 2033 0704, “Additional Insured-Owners, Lessees or Contractors – Automatic Status When Required in Construction Agreement With You”). By this endorsement the “Who is An Insured” provision is amended “to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy.” That can be a fail-safe mechanism when upstream contracting parties neglect to obtain necessary written endorsements naming specific parties. However, it only goes so far.

Continue reading “Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.”

August 22, 2013July 28, 2014 by Duane Morris

Duane Morris Construction Partner Frederick Cohen Recognized as a Best Lawyers’ “Lawyer of the Year” for 2014

Duane Morris is pleased to announce that Duane Morris partner Frederick Cohen has been selected by Best Lawyers as a “Lawyer of the Year” in New York City Litigation – Construction law for 2014. Only one lawyer in each practice area and city is given this honor. Lawyers are selected based on high marks received during the extensive peer-review assessments conducted by Best Lawyers each year.

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August 2, 2013July 28, 2014 by Richard P. Dyer

New York City Identifies Four Semi-Finalists of Competition for Waterfront Design Innovations in Response to Superstorm Sandy

In an attempt to determine how best to design and build on the City’s waterfront areas exposed to future storms, a competition was announced by the City, together with a team of developers, in April 2013 to cultivate design development ideas for an 80 acre site in the Rockaways. In response, 117 design teams from around the globe submitted credentials and design ideas. On July 18th, four semi-finalist teams were announced including Ennead Architects (formerly Poshek Partners) of New York, Lateral Office of Toronto, Seeding Office of London, and White Arkitekler of London.

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July 23, 2013July 28, 2014 by Richard P. Dyer

HUD is Promoting Innovative Resilient Design Solutions in Wake of Sandy in its Rebuild By Design Competition

The U.S. Department of Housing and Urban Development (HUD) received on Friday, July 19, 2013 responses to a Request for Qualifications (RFQ) for the Rebuild By Design, a multi-phase regional design competition seeking to promote development of resilience concepts for the Superstorm Sandy affected regions. The RFQ seeks proposals from world class teams with expertise in infrastructure engineering, landscape design, urban design, architecture, land use planning, industrial design, communication and other fields. HUD is itself partnering on the program with The Rockefeller Foundation and the National Endowment for the Arts (NEA).

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July 18, 2013August 27, 2014 by Richard P. Dyer

NYCEDC Seeks Expressions of Interest for the Re-Development of up to 100 acres at the Staten Island Teleport

The New York City Economic Development Corporation (EDC) and the Port Authority of New York and New Jersey (Port Authority) have issued a Request for Expressions of Interest (RFEI) for re-development at the Staten Island Industrial Park known as the Teleport. The RFEI will seek ideas from developers to expand or transform the site, or to utilize the site more efficiently. Currently, approximately half of the Teleport is used as a data center and office park, while the remaining half, another 40 acres, is available for development.

A public notice regarding the opportunity was posted at the EDC’s website here. The notice summarized some background and elements of the project as follows:

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July 12, 2013July 28, 2014 by Richard P. Dyer

New Jersey Transit $1.2 Billion FY 2014 Capital Program Proposed

Today, July 11, 2013, the New Jersey Transit Board of Directors will be presented for approval a capital plan for Fiscal Year 2014 in the amount of $1.228 billion. Foremost among the plan’s elements are funds for rolling stock modernization including the procurement of over 1,400 new buses, over 400 multilevel railcars and more than 50 electric and dual power locomotives. The program will also invest in hard assets including railroad bridge rehabilitation, track replacement, signal upgrades to overhead power lines and electric substations, improvements to rail stations and bus shelter upgrades. Included is a $60 million installment of a $600 million 5-year planned investment in improvements to the Northeast Corridor.

Approximately 60%, $741 million, is dedicated to fixed expenses including capital maintenance and prior debt service ($691 million), mandated uses including the federal rural transit program ($46 million), and ongoing support for job programs ($4 million). Approximately 40%, $487 million, is dedicated to fund basic capital program improvements including rail improvements ($132 million), rail rolling stock ($53 million), rail station improvements ($37 million), bus and light rail infrastructure improvements ($195 million) , and system-wide improvements such as technology upgrades ($69 million).

June 27, 2013July 28, 2014 by Richard P. Dyer

An Owner is Ensnared By a Subguard Program

In a recent appellate decision in New York, a developer sued its construction manager for fraudulent misrepresentation that the construction manager had obtained full Subguard™ coverage [subcontractor default insurance or “SDI”] to protect developer against default by the largest subcontractor – concrete superstructure – on a Manhattan hi-rise project. The developer alleged it relied on defendant’s representation and suffered damages when the subcontractor defaulted and there was no SDI for the default.

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