Lump sum construction agreements are the most basic of the different design-bid-build options: the contractor agrees to complete the entire scope of work for a fixed price, and assumes most of the quantity and cost risks. If the contractor’s actual costs exceed its estimates, the contractor absorbs the loss. Adding a clause into the construction
Navigating the DOT’s Interim Final Rule on DBE Certification Standards – and Preparing for the (Bumpy) Road Ahead
Last week, as a result of the federal government shutdown, news outlets reported on a pause in processing project reimbursements for the massive bi-state Hudson Tunnel Gateway Program and New York City’s Second Avenue Subway line. Beyond the political finger-pointing and investigation into the pause’s impact (the billions of dollars already appropriated remain untouched) is
Construction and Maintenance: Connectivity and Cyber Security Considerations
Below is an excerpt of an article co-authored with Robinson+Cole Health Law Group lawyer Conor O. Duffy and published in Healthcare Facilities Today on March 31, 2021.
The need to update and implement new processes for delivering healthcare in response to the COVID-19 pandemic has resulted in the adoption of more automation, remote access and
SolarWinds Cyber-Attack Has Significant Implications for Developers and Contractors
ICYMI, on Wednesday, January 6, 2021, the United States Department of Justice (DOJ) issued anupdate about what it termed “a major incident under the Federal Information Security Modernization Act”: the global SolarWinds cyberattack that had compromised its email system. (SolarWinds is a software provider. In December, 2020, SolarWinds revealed that cybercriminals had injected malware
Seven Legal Considerations for Constructing Healthcare Facilities
Below is an excerpt of an article published in Healthcare Facilities Today on January 11, 2021.
“The current health crisis has healthcare institutions altering their approach to facility design and construction. Equity investors and contractors are also ready to familiarize themselves with healthcare construction. While opportunities abound, certain legal considerations are of paramount importance for
Repurposing Real Estate Development to Counter Weakened Demand: Know the Risks Before Terminating Contracts
Pacta sunt servanda, i.e., agreements must be kept. This applies in both good economies and bad.
Companies considering a modification of their business operations to offset lower revenue must be mindful of existing commercial contracts. Implicit in almost every New York agreement is a covenant of good faith and fair dealing in the
Finding Synchronicity Between Governor Cuomo’s New Cluster Action Initiative and the NYC DOB’s Corresponding Requirements
Synchronicity
A connecting principle,
Linked to the invisible
Almost imperceptible
Something inexpressible.
Science insusceptible
Logic so inflexible
Causally connectable
Nothing is invincible.
“The Police”, 1983.
This week, in response to the emergence of COVID-19 hot spots in downstate New York, Governor Cuomo instituted a new “cluster action initiative” to “crush” the clusters and
Guidance on Using Drones for Real Estate and Construction in Dense Cities: Getting Close – But Not Too Close (Part I)
The commercial use of drones, or small unmanned aerial systems (sUAS), for urban real estate and construction may finally be gaining traction. This month, the New York City Council passed a bill requiring the Department of Buildings (DOB) to study the feasibility of using sUAS to inspect building facades.
Compliance with the city’s Facade Inspection
Balancing New Technology and Privacy When Using Drones in Land Use and Construction
The mixture of sheltering-in-place, warm weather, and increasing drone usage creates a combustible situation – literally. Drone shootings are on the rise as property owners seek to combat perceived trespass, nuisance and invasions of privacy.
These were some of the legal issues discussed during a webinar presented by the American Bar Association’s Section on Real
Time to Reconsider Permitting Use of Drones for Development and Construction in Dense Urban Areas?
COVID-19’s severe impact on some major metropolitan areas has been attributed to their density, infrastructure and inherent difficulty with “social distancing.” This same challenge with social distancing has led to either mandatory or pressured shutdowns of construction projects throughout many states and metropolitan areas. Meanwhile, and particularly during the shutdowns, building-safety mandates require that some