1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more
Welcome to our ninth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Building Code Legislation Becomes Law - Why this is important: Senate Bill 166, 2024 Building Code Regulatory...more
Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest - Events - Case Reports...more
In this Insight, first published in PLC, Kim Roberts, Katharine Tulloch and Corinna Whittle consider the key changes that parties may want to make to their construction contracts to take account of the new regulatory regime...more
In this article, we discuss the key findings from the UK government’s response to the consultation on its new powers to impose a ‘Building Safety Levy’ (“Levy”) under the Building Safety Act 2022 (“BSA 2022”)....more
Lien on Me – Florida Edition 2023 - Florida’s Construction Lien Law, F.S. 713.001 et seq., was recently amended and includes important changes effective October 1, 2023, about which contractors should know. The following is...more
Florida Statute 2023-203: Ensuring Building Safety in the Wake of Tragedies - It often takes a crisis for society and government to react. Whether it be seat belts, smoking, or building safety, unfortunately, catastrophe can...more
1 October is the deadline for registering higher-risk buildings. Here is a brief recap on everything you need to know about registration. Anyone responsible for the safety of a higher-risk building (over 18 metres, or 7...more
The enactment of the Building Safety Act 2022 (the “Act”) in the United Kingdom brings about significant changes to building safety regulations. While the Act primarily aims to enhance building safety standards, it also...more
On 17 August 2023, the government published details of the design, construction and occupation regimes which will be introduced for higher-risk buildings, coming into effect on 1 October 2023. Those affected should...more
On June 9, 2023, Governor DeSantis signed into law Senate Bill 154, which substantially modifies statutory safety and reserve requirements previously enacted in response to the collapse of the Champlain Towers South...more
The registration process for higher-risk buildings opened on 12 April 2023, and anyone responsible for registration must make sure their building has been registered by 1 October 2023, or face a possible fine or imprisonment....more
EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing - The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more
In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s...more
The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building...more
The Building Safety Act 2022 received royal assent on 28 April 2022, with its provisions coming into force over the following 18-month period. One of the key elements of the Act is the introduction of specific building...more
Los Angeles pilots digital twin project to aid building decarbonization - Smart Cities Dive – June 3 - Cityzenith is partnering with the Los Angeles branch of the U.S. Department of Energy’s Better Buildings Challenge...more
CASES OF NOTE - FINALIZE BUILDING PLANS EARLY ON TO AVOID DELAYS - St. Paul's Foundation v. Ives, 29F.4th 32, 33 (1st Cir. 2022) - A recent decision out of the First Circuit Court of Appeals emphasizes the...more
Green building and energy conservation are now more commonplace in the United States with State and Local Authorities Having Jurisdiction (AHJs) adopting some version of the International Code Council’s (ICC) suite of...more
As we all know, the COVID-19 pandemic has caused us all to focus in different in directions. That has been the case here at Spilman as well. But as we wind down 2021, we wanted to reach back out to our clients and friends...more
While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone's experience. Prior to COVID-19, material costs have spiked for...more
California’s First District Court of Appeal recently issued a consequential decision reining in the ability of local agencies to deny housing projects under the Housing Accountability Act (HAA) based on alleged noncompliance...more
On November 1, 2017, the Ohio Board of Building Standards (OBBS) adopted an update to the Ohio Building Code requiring the inclusion of storm shelters in the construction of educational occupancies. That update has resulted...more
The California Court of Appeal rejected a facial challenge to the EIR addendum process, and held that an agency is not required to make new findings in connection with approval of an EIR addendum. Save Our Heritage...more
Governor Brown has signed AB 2913 (Wood), which amends current law to extend the duration of building permits from six months to one year. Under current law, a building permit is subject to the state Building Standards Code...more