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.
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).
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:
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).
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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NJ Supreme Court Remands Case for Allocation of Fault of Defendants Dismissed Under Statute of Repose
The New Jersey Supreme Court recently remanded a case for a new trial on the issue of liability and to apportion fault under the Comparative Negligence Act, N.J.S.A. 2A:15-2, and Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-2, including the potential fault of two defendants which had been dismissed from the case on summary judgment under the statute of repose, N.J.S.A. 2A:14-1.1(a).
New York City Sandy Neighborhood Game-Changer Investment Competition
New York City economic Development Corp. is requesting proposals from qualified firms or individuals to establish programs to “catalyze significant long-term economic growth” in five areas impacted by Hurricane Sandy. See here.
The RFP process is described by the EDC as:
“NYCEDC is requesting proposals from qualified individuals, organizations or companies to execute projects and/or programs that will catalyze significant long-term economic growth in one of the following five areas impacted by Hurricane Sandy: the East and South Shores of Staten Island, Southern Manhattan, Southern Brooklyn, the Brooklyn-Queens Waterfront, and South Queens (collectively, the “Impact Areas”).
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City Of New York Amends Its M/W/EBE Law
New York City Local Law 1–2013, effective July 1, 2013, amends the City’s laws concerning participation by Minority-Owned, Women-Owned, and Emerging Business Enterprises (“M/W/EBE”) in City contracts. The City’s M/W/EBE laws, including the amendments, are imposed upon the individual agencies and serve to guide the agencies in the administration of M/W/EBE programs under their respective contracts; these laws are not imposed directly upon the contractors and vendors themselves. Among the amendments concerning construction contracts are a reduction in the participation goals for African-American and Hispanic-Americans and increased goals for WBEs. The $1 million cap for eligibility as a “disadvantaged” entity has been removed.
Beware Partial Releases and Waiver of Claims are Enforceable, But Can Be Waived
In the construction industry, the payment application process usually requires contractors and subcontractors to complete a great deal of paperwork. In addition to submitting traditional payment applications that identify the contractor’s or subcontractor’s schedule of values, work completed to date, and balance to finish, contractors and subcontractors may also be required to submit certain lien waivers, certifications, affidavits, and other types of sworn representations. While these additional submissions may seem clerical, or even ceremonial in nature, they can have serious legal ramifications.
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Another New York State Sales Tax Opinion on Sidewalk Sheds
The New York State Department of Taxation and Finance, Office of Counsel, Advisory Opinion Unit recently issued an opinion concerning the application of sales tax on the installation, rental and dismantling of temporary pedestrian walkways (sidewalk sheds) on capital improvement projects. A taxpayer had posed two questions for an advisory opinion, (1) are such sales taxable when the compensation is stated as a lump sum for the rental and the service combined, and (2) would the tax be applicable if the rental and installation charges were separately stated on invoices?
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