The construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and construction managers. Some prefer to use the forms in the stock form, but others prefer to modify the language to their benefit. These modifications can be made
Development
USDOT Expands Financing for Certain Transit Projects
The U.S. Department of Transportation (USDOT) recently announced that it will offer more low-cost flexible financing for both transit and Transit Oriented Development projects under the Transportation Infrastructure Finance and Innovation Act (TIFIA). The TIFIA program is intended to help project sponsors reduce costs and speed up the delivery of transit projects. More applicants will…
Public Works Construction Projects Set to Increase if Infrastructure Investment and Jobs Act of 2021 Becomes Law
While its ultimate passage remains unclear, on August 10, 2021, the United States Senate approved passage of the Infrastructure Investment and Jobs Act (H.R.3684) (“the Act”). According to the bill’s sponsors, the Act aims to accomplish the following:
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DBE Gross Receipts Cap Adjusted for Inflation
In December 2020, the United States Department of Transportation (DOT) amended the small business size limit under the Disadvantaged Business Enterprise (DBE) program (section 1101(b) of the Fixing America’s Surface Transportation (FAST) Act (Pub. L. 114-94, Dec. 4, 2015). The rule, which goes into effect on January 13, 2021, increases the DBE gross receipts cap (averaged over the firm’s previous three fiscal years) to $26,290,000 for Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) related work. This inflationary-based adjustment is an increase over the prior gross receipts cap of $23,980,000 enacted in 2015. The effect of this rule, which is “not considered a significant economic impact on a substantial number of size entities”, is to allow “some small businesses to continue to participate in the DBE programs by adjusting for inflation.” This adjustment should provide relief for some DBEs that were close to exceeding the limits from 2018-2020.
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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…
Landmarks Preservation and the Economy During COVID-19
This month the NYC Landmarks Preservation Commission celebrated its 55th anniversary. Also this month, since the issuance of the emergency orders stemming from the COVID-19 public health crisis, the agency is scheduling its first public hearing using the Zoom teleconferencing platform. The hearing will be held on Tuesday, April 21, at 9:30 a.m., and…
The Federal Reserve’s Powers to Pave the Way for Continued Development and Construction Through COVID-19
As the Coronavirus has encapsulated the world, government go-aheads to construction firms are welcome relief to the industry. Lenders’ collective reaction to the current economic concerns is another matter. Future financing is always imperative to ensure ongoing construction as well as new projects.
Government responses are changing by the day, but the Federal Reserve (the Fed) has acted decisively and thoroughly in response to the economic threats following the Coronavirus outbreak. Staying true to its Congressional mandate to “promote maximum employment and stable prices, along with its responsibilities to promote the stability of the financial system,” the Fed has devised numerous strategies to meet the persistent demand for redemptions and infuse money into the market. It has cut interest rates to zero, coordinated with other central banks to encourage purchases of the U.S. dollar, committed to purchasing an unlimited amount of U.S. Treasury’s and mortgage-backed securities, and explicitly encouraged banks to reduce their reserves held against demand deposits (by eliminating entirely reserve requirements).
Continue Reading The Federal Reserve’s Powers to Pave the Way for Continued Development and Construction Through COVID-19
The Federal Reserve’s Powers to Pave the Way for Continued Development and Construction Through Covid-19
As the Coronavirus has encapsulated the world, government go-aheads to construction firms are welcome relief to the industry. Lenders’ collective reaction to the current economic concerns is another matter. Future financing is always imperative to ensure ongoing construction as well as new projects.
Government responses are changing by the day, but the Federal Reserve has…
Will Claims Against Closely-Held Condominium Developers Be Thwarted by New York’s Newly-Adopted Uniform Voidable Transactions Act?
Property development companies regularly create single-purpose entities (SPE) to acquire new real estate for development, construction or renovations. SPEs are often comprised of only a few members, no assets beyond the property itself and are considered “closely-held” companies.
There has been a growing trend in New York construction defect lawsuits where boards of managers of…